A criminal record in Arizona does not expire on its own. Five years, ten years, twenty years after your case ended, that conviction still appears when an employer runs a background check, a landlord screens your application, or a licensing board reviews your credentials. You served your time. You paid your fines. You completed probation. None of that removes the record.
Arizona now gives you real tools to change that. Record sealing under A.R.S. § 13-911, set-asides under A.R.S. § 13-905, and marijuana expungement under A.R.S. § 36-2862 each offer a different path toward putting your past behind you. The right path depends on what you were convicted of, when you finished your sentence, and what you need the cleared record to accomplish.
At Rideout Law Group, attorney Brad Rideout brings the perspective of a former Arizona prosecutor to record-clearing petitions. That experience matters. Prosecutors review every petition filed. Knowing how the other side evaluates these requests, what they object to, and what they let through gives you a real advantage.
Arizona Record Sealing Under A.R.S. § 13-911
Arizona’s record sealing law took effect on January 1, 2023. Before that date, the only remedy available for most convictions was the set-aside, which left the conviction visible on your record with a court notation. Record sealing goes further. A sealed record is removed from public view. It does not appear on most commercial background checks, tenant screening reports, or public court record searches.
Sealing is not the same as destruction. Law enforcement agencies, prosecutors, and certain regulatory bodies retain access to sealed records. The FBI maintains its own databases and is not bound by Arizona state court orders. But for the situations where a criminal record causes the most damage (job applications, apartment rentals, professional licensing), a sealed record stops the conviction from following you. After sealing, you can legally answer “no” when asked whether you have been convicted of a crime.
Who Qualifies for Record Sealing
Eligibility for record sealing requires you to have completed every part of your sentence. That means all jail or prison time served, probation completed, fines paid, restitution satisfied, and any court-ordered treatment or community service finished. If any piece remains outstanding, you cannot file.
Beyond sentence completion, A.R.S. § 13-911 imposes waiting periods based on the classification of your offense. The clock starts when you complete the last requirement of your sentence, not when you were convicted or when you were released from custody.
Class 2 felony: 10 years after completing the sentence.
Class 3 felony: 10 years after completing the sentence.
Class 4 felony: 5 years after completing the sentence.
Class 5 felony: 5 years after completing the sentence.
Class 6 felony: 5 years after completing the sentence.
Class 1 misdemeanor: 3 years after completing the sentence.
Class 2 misdemeanor: 2 years after completing the sentence.
Class 3 misdemeanor: 2 years after completing the sentence.
During the entire waiting period, you must stay conviction-free. A new criminal conviction resets the clock. Even a minor offense can disqualify you if it results in a conviction during the waiting period.
If you were convicted of an offense that Arizona has since decriminalized or reclassified, the waiting period does not apply. You can petition immediately after completing your sentence.
Offenses That Cannot Be Sealed
A.R.S. § 13-911 excludes certain categories of offenses from record sealing. These include convictions requiring sex offender registration under A.R.S. § 13-3821, offenses against children under Title 13, Chapter 14 (child molestation, sexual exploitation of a minor, and related offenses), and convictions involving a dangerous offense designation under A.R.S. § 13-704.
The exclusion list for record sealing is narrower than for set-asides. Some offenses that cannot be set aside under A.R.S. § 13-905 are still eligible for sealing. DUI convictions, for example, cannot be set aside because they fall under Title 28, but many DUI offenses qualify for record sealing. The same applies to certain domestic violence convictions and drug offenses.
If your conviction falls into an excluded category, you may still be eligible for a set-aside or restoration of civil rights, depending on the offense. An experienced Arizona expungement lawyer can evaluate your record and identify which remedies apply.
What Happens After Your Record Is Sealed
Once the court grants your petition, it directs the Arizona Department of Public Safety and other agencies to update their databases. The court file is removed from public access. Commercial background check companies should stop returning the conviction in their reports, though there can be a lag of weeks or months as private databases update. Run your own background check 60 to 90 days after the order to confirm it has taken effect.
Call Rideout Law Group Today
If you have been waiting for the right time to clear your record, Arizona’s record sealing law may have created the opportunity you need. Brad Rideout, a former Arizona District Attorney, understands both the legal requirements and the practical strategy behind a successful petition.
📞 Scottsdale Office: (480) 584-3328
📞 Lake Havasu Office: (928) 854-8181
📞 Toll-Free: (833) 854-8181
Contact Rideout Law Group for a free consultation about your record sealing options.
Set-Aside of Judgment Under A.R.S. § 13-905
Before record sealing existed in Arizona, the set-aside was the only option for most people. It still has value, especially for anyone who does not yet meet the waiting period requirements for sealing.
A set-aside does not hide your conviction. The record remains fully visible, with a notation stating that the judgment of guilt has been set aside and the case dismissed. Anyone running a background check will see both the original conviction and the set-aside order.
Under A.R.S. § 13-905(F), a set-aside releases you from “all penalties and disabilities” of the conviction, with certain exceptions. Many employers and licensing boards view a set-aside favorably because it represents a court’s determination that you earned a second chance.
No Waiting Period for Set-Asides
One advantage of the set-aside over record sealing is timing. There is no mandatory waiting period. As soon as you complete every term of your sentence (probation, fines, restitution, treatment programs), you can file. For someone who finished probation last month and needs immediate relief for a job application, the set-aside provides a faster path than waiting years for sealing eligibility.
Firearm Rights and the Certificate of Second Chance
A set-aside alone does not restore your right to possess firearms after a felony conviction. That requires a separate petition. However, A.R.S. § 13-905 now provides for a Certificate of Second Chance, which can be issued along with a set-aside. The Certificate of Second Chance serves as an official court document that you can present to employers, landlords, and licensing boards. It carries weight because it represents a judicial finding of rehabilitation.
For firearm rights restoration after a felony, you need to petition under A.R.S. § 13-905(K) (first-time felony offenders) or A.R.S. § 13-906 (restoration of civil rights, including gun rights, for certain offenses). The process depends on the nature of the felony and whether it was classified as dangerous.
Offenses Excluded from Set-Aside
A.R.S. § 13-905 bars set-asides for dangerous offense convictions under A.R.S. § 13-704, offenses requiring sex offender registration, offenses where the victim was under 15, DUI and other Title 28 traffic offenses, offenses involving serious physical injury, and offenses where a deadly weapon or dangerous instrument was used.
The DUI exclusion catches many people off guard. If you were convicted of a DUI under A.R.S. § 28-1381, § 28-1382, or § 28-1383, a set-aside is not available. Record sealing under A.R.S. § 13-911 may be your only option.
Marijuana Expungement Under A.R.S. § 36-2862 (Proposition 207)
When Arizona voters passed Proposition 207 in November 2020, legalizing recreational marijuana, the law included something that neither set-asides nor record sealing provide: true expungement. Under A.R.S. § 36-2862, qualifying marijuana convictions are not just sealed or annotated. They are destroyed.
True expungement means the record ceases to exist. Court files are sealed and the conviction is removed from all state databases. For legal purposes, the arrest and conviction never happened.
What Qualifies for Marijuana Expungement
The expungement applies to offenses that are no longer criminal under Arizona’s current marijuana laws. That includes possession of 2.5 ounces or less of marijuana (or 12.5 grams of concentrate), cultivation of six or fewer marijuana plants for personal use, possession or use of marijuana paraphernalia, and transporting or transferring marijuana within the legal limits.
Convictions for possession with intent to sell, distribution above legal limits, or marijuana offenses involving minors do not qualify. The offense must be one that would be legal under current Arizona law.
No Waiting Period
Unlike record sealing, marijuana expungement has no waiting period. You can file regardless of when the conviction occurred and regardless of whether you have completed your sentence. If you are still on probation for a qualifying marijuana offense, the court is required to dismiss the charges and expunge the record. The statute uses mandatory language. If the offense qualifies, the judge must grant the petition.
Automatic vs. Petition-Based Expungement
The law contemplated an automatic review process where courts would identify qualifying convictions and initiate expungement on their own. In practice, this process has been uneven. Many qualifying convictions remain on the books because no one filed. If you have a qualifying marijuana conviction, do not wait for the court to act. File the petition yourself. There is no filing fee, and most petitions are resolved within 30 to 60 days.
The Step-by-Step Process for Clearing Your Record in Arizona
Whether you are pursuing a set-aside, record sealing, or marijuana expungement, the procedural steps follow a similar pattern. Each step requires attention to detail, and errors at any stage can delay your petition by months.
Step 1: Determine Your Eligibility
Start by obtaining your complete criminal history from the Arizona Department of Public Safety. Review each conviction individually. Different offenses may qualify for different remedies. A single person might be eligible for a set-aside on one conviction, record sealing on another, and marijuana expungement on a third.
An Arizona expungement lawyer can review your record and map out which remedy applies to each conviction, whether the waiting periods have been satisfied, and whether any exclusions apply.
Step 2: Gather Supporting Documentation
You will need your case number for each conviction, the original charging documents and disposition, proof of sentence completion (probation termination paperwork, receipts for paid fines and restitution, certificates of completion for treatment programs or community service), and documentation showing rehabilitation. Letters from employers, evidence of community involvement, and educational achievements all strengthen your petition.
Step 3: Draft and File the Petition
The petition must be filed in the court that handled the original case. If you were convicted in Scottsdale Municipal Court, the petition goes there. If you were convicted in a justice court in Lake Havasu, that is where you file.
The petition identifies the conviction, confirms sentence completion and (for record sealing) the required waiting period, states you have no new convictions during the waiting period, and presents reasons the court should grant relief. A bare-bones petition is technically sufficient, but a well-drafted petition with concrete evidence of rehabilitation is far more likely to succeed.
Step 4: Prosecutor Review and Victim Notification
After you file, the court notifies the prosecutor’s office. The prosecutor decides whether to support the petition, take no position, or object. Objections are not uncommon, particularly for serious offenses or cases where restitution payments were late. If there was an identifiable victim, the victim also has the right to be heard.
Brad Rideout’s background as a former Arizona prosecutor gives him direct insight into how the other side evaluates these petitions. He prepares petitions that address prosecutorial concerns before they become obstacles.
Step 5: Court Review and Decision
The court may rule on the papers alone, or the judge may schedule a hearing. Hearings are more common when the prosecution objects or when the offense was serious. If you appear at a hearing, be prepared to explain what has changed since your conviction and why clearing your record serves the interests of justice.
Judges have broad discretion. Meeting the technical requirements does not guarantee approval. The strength of your petition, the prosecution’s position, and your demonstrated rehabilitation all factor into the decision.
Step 6: After the Order Is Entered
Once granted, the order is transmitted to the Arizona Department of Public Safety and other agencies. For record sealing, the DPS updates its databases and reports the change to the FBI. For marijuana expungement, the court orders the record destroyed. Monitor your background 60 to 90 days after the order to confirm commercial databases have updated. If the conviction persists in reports, your attorney can enforce compliance with the court order.
Call Rideout Law Group for a Free Consultation
You have worked to put your past behind you. The law now provides a way to make that real on paper. Brad Rideout, a former Arizona District Attorney, handles record sealing, set-aside, and expungement petitions throughout Arizona.
📞 Scottsdale Office: (480) 584-3328
📞 Lake Havasu Office: (928) 854-8181
📞 Toll-Free: (833) 854-8181
The Real-World Benefits of Clearing Your Record
Employment
Arizona law (A.R.S. § 13-911(L)) provides that a person whose record has been sealed is not required to disclose the conviction on employment applications, with limited exceptions for law enforcement positions, jobs involving children or vulnerable adults, and positions requiring security clearances. For most private-sector jobs, a sealed record means the conviction does not exist in the hiring process. You can answer “no” to the conviction question. The background check comes back clean.
Even a set-aside, while it does not hide the conviction, signals rehabilitation. Many employers interpret a set-aside favorably because it shows a court reviewed your case and determined you earned relief.
Housing
Landlords and property management companies rely on background checks to screen tenants. A sealed record should not appear on tenant screening reports, which removes one of the most persistent barriers people with criminal records face. Finding stable housing becomes a matter of credit and income, not a matter of explaining a years-old conviction.
Professional Licensing
If you need a professional license in Arizona (real estate, nursing, teaching, contracting, accounting, cosmetology), the licensing board will conduct a background check. A criminal record can also complicate family law matters, including custody disputes where the other parent raises your history. A sealed record protects you from automatic disqualification in most professional licensing cases. Some licensing boards retain statutory authority to access sealed records, particularly for professions involving children, vulnerable adults, or public safety. But for the majority of licensed professions in Arizona, sealing your record eliminates the criminal history barrier.
Frequently Asked Questions
Can I seal a DUI conviction in Arizona?
Yes. DUI convictions are generally eligible for record sealing under A.R.S. § 13-911, subject to the applicable waiting period based on the offense classification. A standard DUI under A.R.S. § 28-1381 is a Class 1 misdemeanor, which requires a 3-year waiting period after completing your sentence. Aggravated DUI under A.R.S. § 28-1383 is a Class 4 felony, with a 5-year waiting period. DUI convictions are not eligible for a set-aside under A.R.S. § 13-905 because they fall under Title 28.
What is the difference between record sealing and a set-aside in Arizona?
A set-aside under A.R.S. § 13-905 adds a notation to your record showing the court dismissed the case after you completed your sentence. The conviction remains publicly visible. Record sealing under A.R.S. § 13-911 removes the conviction from public records and most background checks. Law enforcement and certain agencies can still access sealed records, but the general public cannot.
Will a sealed record show up on an FBI background check?
Arizona sealing orders do not directly control federal databases. The Arizona Department of Public Safety reports the change to the FBI, but the FBI’s update process is slow. For federal employment, security clearances, and military enlistment, your sealed conviction may still appear. For most private-sector background checks, the sealed record should not be visible.
How much does it cost to seal a record in Arizona?
Filing fees vary by county, typically ranging from $50 to several hundred dollars. Courts can waive fees for petitioners who demonstrate financial hardship. Attorney fees for record sealing petitions depend on the complexity of the case. Contact Rideout Law Group for specific pricing.
Can I seal multiple convictions at the same time?
Yes, but each conviction requires a separate petition filed in the court that handled that case. If you have convictions in multiple courts, you will need to file in each one. An attorney can coordinate multiple petitions and manage the process across different jurisdictions.
Do I have to disclose a sealed conviction to a professional licensing board?
In most cases, no. A.R.S. § 13-911 allows you to deny the conviction on most applications. However, some licensing boards have specific statutory authority to access sealed records, particularly for professions involving work with children, vulnerable adults, or positions of public trust. Check the disclosure requirements for your specific license.
How long does the expungement process take for marijuana convictions?
Most marijuana expungement petitions under A.R.S. § 36-2862 are resolved within 30 to 60 days. There is no filing fee and no waiting period. If your offense qualifies, the court must grant the petition. The process is faster and more straightforward than record sealing or set-asides.
Start Clearing Your Record Today
Every day you wait is another day your criminal record interferes with a job, an apartment, or a professional license. Brad Rideout spent years as an Arizona prosecutor. He knows what the other side looks for in these petitions and which arguments work. That perspective translates directly into results for clients seeking to clear their records.
📞 Scottsdale Office: (480) 584-3328
📞 Lake Havasu Office: (928) 854-8181
📞 Toll-Free: (833) 854-8181
Contact Rideout Law Group today for a free consultation.
This article is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Criminal record clearing eligibility depends on the specific facts of each case. Arizona law on set-asides, record sealing, and expungement is subject to change. For legal guidance specific to your situation, please contact a licensed attorney at Rideout Law Group.