What’s the Difference?

A criminal record can follow you long after your case is closed—impacting your ability to get a job, secure housing, or move forward with your life.

Fortunately, Arizona law provides three primary record-clearing options:

• Expungement
• Set Aside
• Record Sealing

While these terms are often used interchangeably, they have very different legal effects. Understanding the differences is critical to choosing the best path forward.

What Is Expungement in Arizona?

Expungement in Arizona is limited and only available in specific circumstances.

When Expungement Applies

Expungement is typically available for:

• Certain marijuana-related offenses
• Charges that are no longer illegal under current Arizona law

What Expungement Does

If granted, expungement:

• Completely erases or destroys the record
• Removes it from court databases and public access
• Allows you to legally state the incident never occurred

👉 Because it fully eliminates the record, expungement is the most powerful option—but also the most restricted.

What Is a Set Aside in Arizona? (ARS §13-905)

A set aside is the most common form of post-conviction relief in Arizona.

How a Set Aside Works

When a conviction is set aside:

• The conviction is dismissed
• You are released from many penalties and disabilities
• The record is updated to show the case was dismissed

Important Limitation

• The record is not erased
• It remains visible on background checks

👉 A set aside shows rehabilitation but does not remove the record entirely.

What Is Record Sealing in Arizona? (ARS §13-911)

Record sealing is one of the most effective modern tools for protecting your future.

How Record Sealing Works

When your record is sealed:

• It is hidden from public view
• Most employers and landlords cannot access it
• The case still exists but is restricted from background checks

Key Benefits

• Greater privacy than a set aside
• Broader eligibility than expungement
• Strong protection for employment and housing

Who Qualifies for Record Sealing

You may qualify if:

• You completed all court requirements
• You have certain misdemeanor or felony offenses
• You were arrested but not convicted

⚠️ Some serious offenses are excluded and waiting periods apply depending on the charge.

Key Differences: Expungement vs. Set Aside vs. Sealing

1. Record Visibility

• Expungement: Completely erased
• Sealing: Hidden from public access
• Set Aside: Visible, but marked as dismissed

2. Eligibility

• Expungement: Very limited (mostly marijuana-related cases)
• Sealing: Broad eligibility with waiting periods
• Set Aside: Available for many completed convictions

3. Legal Effect

• Expungement: Treated as if it never happened
• Sealing: Treated as confidential
• Set Aside: Demonstrates rehabilitation

4. Background Checks

• Expungement: Typically, does not appear
• Sealing: Hidden from most employers/landlords
• Set Aside: Still appears, but improved

Which Record Clearing Option Is Right for You?

The right strategy depends on your case history:

• ✅ Expungement: Best option if you qualify
• ✅ Record Sealing: Strong privacy protection for most people
• ✅ Set Aside: Improves your record when other options aren’t available

In many cases, individuals benefit most from record sealing or set aside relief.

Why Clearing Your Record Matters

Even a single past conviction can create barriers to:

• Employment opportunities
• Professional licensing
• Housing applications
• Financial stability

Taking action to clear or protect your record shows accountability and forward progress—something courts and employers value.

Do You Need an Arizona Expungement Lawyer?

While these options are available, the process can be complex.

Mistakes can lead to:

• Delays
• Denials
• Missed opportunities

An experienced Arizona criminal defense attorney can:

• Evaluate your eligibility
• Recommend the best option
• Prepare and file your petition correctly
• Advocate for approval in court

Work With an Arizona Record Clearing Attorney Near You

Rideout Law Group helps clients across Arizona—including:

• Scottsdale (85254)
• Phoenix metro area
• Lake Havasu City (86406)

Our team provides strategic guidance for:

• Expungements
• Record sealing (ARS §13-911)
• Set asides (ARS §13-905)

We are committed to helping you protect your future and move forward with confidence.

📞 Scottsdale Office: (480) 584-3328
📞 Lake Havasu Office: (928) 854-8181

This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal guidance specific to your situation, please contact a licensed attorney at Rideout Law Group.