Table of Contents
What is Considered an Arrest in Arizona?
Arrests are defined under Arizona law as "the actual custodial restraint of a person or the person's submission to custody". Per this definition, an arrest is said to occur when a person's freedom is restricted either through physical restraint or if they voluntarily comply with an officer's authority and agree to follow the officer without physical force. Some actions that may result in an arrest in Arizona include:
- Shoplifting, trespassing, assault, and similar actions
- Failing to appear in court for a scheduled hearing
- Violating a court order
- Public intoxication, disorderly conduct, and other behaviors that disturb the peace
- Driving under the influence of alcohol and/or drugs
- Reckless driving
- Being found in possession of drugs or prohibited weapons during a stop-and-identify
The Arizona Criminal Code - specifically as outlined in Title 13, Chapter 38 of the Arizona Revised Statutes (ARS) - governs the procedures for arrests within the state. This law details when and how arrests can be made, who can make these arrests, the protocols that must be followed, and the rights afforded to the arrested individuals. Key elements of an arrest (per the Arizona Criminal Code) include:
- Custody and Control: under Arizona law, an individual is said to be in custody when their freedom is restricted, either because they have been physically restrained or voluntarily submitted to law enforcement. Once an individual is in custody, they are no longer free to leave and are subsequently under the control of the officers, who are responsible for supervising them (the arrestees) until they are safely processed.
- Legal Authority: all peace officers in Arizona are statutorily empowered to make arrests with and without a warrant; however, arrests without a warrant may only be made if there is probable cause to believe that a crime has been committed. Peace officers, as defined by ARS Section 1-215, include (but are not limited to) police officers, sheriffs, commissioned personnel of the state's Department of Public Safety, constables, and marshals. ARS Section 13-3884 also empowers private citizens to make an arrest if they witness someone committing a misdemeanor that disturbs the peace or a felony or if they have a reasonable belief that someone committed a felony, even if they didn't witness it directly. Be aware that private citizens who make an arrest must follow specific protocols, which include informing the individual they plan to arrest of their intention and promptly handing the arrested individual over to a peace officer.
- Miranda Rights: officers must read arrested individuals their Miranda rights (as established by the 1996 Supreme Court case Miranda v. Arizona) before interrogating them and taking their statements. These Miranda rights are a set of warnings informing the arrested individual that:
- They have the right to remain silent and to refuse to answer questions
- Anything they say can be used against them in a court of law
- They have the right to consult an attorney before and during questioning
- If they are unable to afford an attorney, one will be appointed for them
- If they decide to answer questions without an attorney present, they have the right to stop answering these questions at any time until they consult with an attorney
Though Miranda rights are a federal requirement, ARS Section 13-3901 further reemphasizes the arrestee's right to legal counsel by ensuring that state-licensed attorneys are allowed to visit arrested individuals upon request of either the arrestee themselves or someone acting on their behalf.
- Restraint and Transport: restraint is a critical element of arrests in Arizona; according to ARS Section 13-3881, the use of necessary and reasonable force is allowed when making an arrest and also to prevent the individual from escaping. Once restrained, the arrestee must then be safely transported to an appropriate law enforcement facility for interrogation and/or processing.
- Booking Process: the booking process begins once the arrestee has been safely transported to a law enforcement facility. This generally involves documenting their basic personal details (such as their name, date of birth, and address), fingerprints, and photographs, listing the offenses they were arrested for, and placing them in holding pending their arraignment.
It should be noted that even though the terms "arrest" and "detention" are often used interchangeably, there is a distinct difference between the two. An arrest happens when an individual is taken into custody based on probable cause that they committed a crime. Arrested individuals typically remain in custody until they are arraigned or the charges against them are dropped. On the other hand, detention occurs when a peace officer temporarily stops an individual to determine if further action is necessary. To do this, the officer must have "reasonable suspicion" that the person has committed, is committing, or is about to commit a crime.
The general purpose of detention is to allow the officer to gather information from the individual, such as their name and what they are up to. If the officer establishes probable cause during this investigation, the detention may escalate to an arrest; otherwise, the individual must be released. Under ARS Section 13-3905, peace officers may obtain a court order to temporarily detain individuals for the purpose of obtaining identifying physical characteristics, such as fingerprints or DNA samples. However, this particular type of detention may only be done if the individual is suspected of committing a felony and there is probable cause to believe that the detention will lead to the identification of the suspect.
What is Unlawful Arrest in Arizona?
An unlawful or false arrest is said to occur in Arizona when an individual is physically restrained and/or taken into custody in a way that does not meet the requirements and procedures set forth by Title 13, Chapter 38 of the Arizona Revised Statutes. Some common factors behind unlawful arrests in Arizona include:
- Lack of Probable Cause: probable cause means that there is enough information or evidence to reasonably believe that a crime has been committed and that a particular person is the perpetrator. This is generally a critical requirement for arrests in Arizona and must be established before an individual may be lawfully arrested.
- Violation of Constitutional Rights: any arrest that violates an individual's constitutional rights and protections may be deemed unlawful. The same also goes for arrests based on racial profiling or discrimination.
- Arrest Without a Warrant: even though arrests may be made without a warrant in Arizona, these warrantless arrests may only be carried out under certain circumstances (ARS Section 13-3883) and must follow specific procedures (ARS Section 13-3897); otherwise, they may be deemed unlawful.
- Procedural Violations: failing to follow proper procedures when making an arrest in Arizona is a common factor in arrests being deemed unlawful in the state. For instance, under ARS Section 13-3889, private citizens who wish to make an arrest must inform the individual they intend to arrest of their intention and the reason for the arrest. Likewise, peace officers must read an individual their Miranda rights after taking them into custody and also grant them access to legal counsel upon request. Non-compliance with these requirements may result in an unlawful arrest claim.
- Mistaken Identity: suspect misidentification, whether due to negligence, clerical errors, or failure to properly vet eyewitness testimonies and other information, is a common cause of false arrests in Arizona.
- Arrest Outside Jurisdiction: Arizona peace officers must generally operate within their designated geographical areas of the agency, and arrests made by officers outside their jurisdictions are typically deemed unlawful, except where exempted by ARS Title 13, Chapter 38, Articles 4 and 6. Under these laws, a peace officer can make an arrest outside their area of jurisdiction as long as they have obtained permission from the highest-ranking law enforcement official in the area where they want to act. Likewise, out-of-state law enforcement officers in "close pursuit" of a suspected felon who crosses into Arizona generally have the same authority to arrest and hold the person as an Arizona peace officer would. However, once the arrest is made, they must bring the arrestee before a local judge (in the county of the arrest), who will ultimately determine the lawfulness of the action.
Unlawful arrests may have significant consequences for the parties involved. A common outcome for these arrests is the dismissal of charges against the individual and the case being thrown out. If criminal proceedings continue, evidence obtained as a result of the unlawful arrest may be deemed inadmissible in court.
Victims of unlawful arrests may also file civil lawsuits under ARS Section 12-820.01 and U.S. Code Title 42, Section 1983 and seek damages for violations of their constitutional rights and emotional distress caused by the arrest. Officers (and private citizens) who unlawfully arrest an individual can also face criminal charges, especially if the false arrest is determined to have been motivated by malice.
Are Arrest Records Public in Arizona?
Title 39 of the Arizona Revised Statutes establishes that all records created or received by public officials and governmental agencies in the course of their duties are considered public records and may be accessed by members of the public, except where specific exemptions apply. Per this law, arrest records are generally regarded as public records, meaning they can be inspected by interested parties and copied if necessary.
Public Arizona arrest records typically include information like:
- The name, sex, date of birth, and other vital details of the arrestee
- The date and place of the arrest
- The name of the arresting officer
- Details of the alleged offense(s)
- The law enforcement facility where the arrestee was brought in
While mugshots are typically accessible to the public, ARS Section 39-121.04 restricts access to records that depict the image of a witness under 18 years old or the victim of a crime. Individuals who wish to access these records must prove that the public's right to know is more important than the witness or victim's right to privacy. Personal identifying information of witnesses, regardless of their age, is also restricted from public disclosure; this information typically includes their date of birth, Social Security number, and contact information. Juvenile records, sealed records, and information that may compromise an active investigation are also exempt from public disclosure.
What are the Types of Arrest Records in Arizona?
Arrest records in Arizona are primarily generated and maintained by local law enforcement agencies, such as town marshal's offices, city police departments, and county sheriff's offices. These local agencies typically maintain records of incidents that occur within their respective geographical areas of agency and provide access to these records upon request. In addition, the Arizona Department of Public Safety (DPS) serves as the central repository for all criminal history record information collected by criminal justice agencies across the state and provides eligible parties with access to this information. These state-level records typically include details of arrests, detentions, charges, and any resulting legal outcomes.
Where are Arrest Records Kept in Arizona?
Several government agencies in Arizona maintain copies of arrest records. They include:
- Local Law Enforcement Agencies: county sheriff's offices, city or local police departments, and town marshal's offices maintain records of arrests and other incidents that occur in their respective jurisdictions and typically provide access to these records upon request. Arrest records managed by these agencies typically include personal basic information on the arrestee, details of the incident/offense that led to the arrest, and the arresting officer's name.
- The Arizona Department of Public Safety (DPS): the DPS serves as the state's central repository for criminal history record information, which are comprehensive records that detail a person's arrest and detention history, indictments, and case outcomes (like sentencing, supervision, and release). Individuals may request copies of their criminal history record information from this agency; the DPS also makes this information available to authorized agencies (usually for employment background checks).
- The Arizona Judicial Branch: Arizona courts maintain and provide access to copies of criminal court records, which typically include information about arrests, charges filed, and the outcome of the case.
- Federal Criminal Justice Agencies: federal criminal justice agencies, such as the FBI, also maintain copies of Arizona arrest records, particularly in cases involving federal law violations or national security concerns.
- State and Federal Correctional Facilities: the Arizona Department of Corrections, Rehabilitation & Reentry (ADCRR) and the Federal Bureau of Prisons maintain records of arrested individuals who were subsequently convicted and sentenced to a state or federal correctional facility, respectively. These records typically contain the inmate's full name, age, sex, race, reason for incarceration, prison sentence length, and projected release date.
How To Find Public Arrest Records in Arizona?
There are several options (both online and offline) for finding and obtaining copies of public arrest records in Arizona. These include:
- Contacting the Appropriate Law Enforcement Agency: local law enforcement agencies (city police departments, town marshal's offices, and county sheriff's offices) are the primary source for obtaining public arrest records in Arizona. Be aware that these agencies typically only maintain records of arrests made within their respective jurisdictions or territories; therefore, it is important to identify the appropriate agency (that handled the incident) for a smooth process. Some local law enforcement agencies provide online access to recent arrest logs and arrest details; however, this varies by location. As such, it is a good idea to contact the agency beforehand to get specifics on their records request procedure.
- Contacting an Appropriate Court: copies of arrest records that lead to a criminal court case may be obtained by contacting the court where the case was heard. The Arizona Judicial Branch also offers a Public Access to Court Case Information platform that can be used to search for these records online.
- Contacting the Arizona Department of Public Safety (DPS): copies of arrest, offense, or incident reports investigated by State Troopers may be accessed online via the DPS's Public Service Portal; queries concerning these records may also be directed to the department's Public Records Unit at (602) 223-2345. The DPS also allows individuals to request and review copies of their criminal records (solely to access the information contained therein for accuracy and completeness). Interested parties may initiate this process by contacting the DPS's Central State Repository Section at (602) 223-2222 to request a Record Review Packet (necessary forms are also available for download online).
- Utilizing a Reputable Third-Party Website: Third-party websites like RecordsFinder and several independent platforms typically provide access to Arizona public arrest records. These platforms generally offer user-friendly options, such as location or name-based searches that return comprehensive, publicly available arrest-related information. Note that even though these third-party websites may aggregate data from official databases, they are not affiliated with the government, and the availability of information may vary between platforms.
How Long Do Arrests Stay on the Record in Arizona?
Arrests in Arizona typically remain on a person's record indefinitely; however, the details of the arrest may be updated or changed, especially if the case did not result in charges or was dismissed. Under ARS Section 13-4051, individuals who were wrongfully arrested, indicted, or charged with a crime can file a petition requesting the court to add a notation on all relevant records (including arrest and court records) stating that they have been cleared of the charges. Likewise, arrest records may be set aside (ARS Section 13-905), indicating that the individual has been rehabilitated or sealed (ARS Section 13-911), making them inaccessible to the public.
How To Seal or Expunge an Arrest Record in Arizona?
In Arizona, individuals may petition to court to have their records sealed under ARS Section 13-911; certain marijuana-related offenses may also be expunged under ARS Section 36-2862. Sealing refers to restricting access to a criminal record, making it unavailable to the general public; however, it still exists and can be accessed under specific circumstances. This differs from expungement, which erases the record, making it as if it never existed. Individuals may also apply to have their convictions 'set aside" after completing their sentences, according to ARS Section 13-911; this does not redact the records but restores certain rights to the individual and reduce barriers to employment and licensing.
Individuals looking to seal, expunge, or set aside their records must initiate the process by filing a petition in the appropriate court. These individuals must meet certain conditions, which include completing all terms of their sentence, including probation and restitution; alternatively, they must have been acquitted of charges or arrested without charges being filed. Only specific marijuana-related offenses may be expunged, such as charges stemming from the possession, consumption, or transportation of not more than 2.5 ounces of marijuana, may be expunged. Likewise, certain offenses, such as dangerous crimes against children, serious felonies, offenses requiring registration as a sex offender, and crimes involving the use of a deadly weapon, are ineligible for sealing and set-asides.
There are no mandatory waiting times after the completion of the sentence (or probation) before a person may apply for an expungement or set aside. However, individuals who wish to petition the court to get their record sealed must wait at least:
- Ten years for class 2 or 3 felonies
- Five years for class 4, 5, or 6 felonies
- Three years for class 1 misdemeanors
- Two years for two years for class 2 or 3 misdemeanors
Note that if a petition to seal is denied, the individual must wait three years before reapplying. Also, while sealed records are typically restricted from the general public, certain parties may still access them. These include the victim of the crime, law enforcement agencies, courts, and probation departments.