Expungement vs Set Aside vs Sealing in AZ

TL;DR

Arizona provides three remedies: set-aside under A.R.S. 13-905 (vacates the conviction but leaves the record visible), record sealing under A.R.S. 13-911 (restricts public access for eligible cases), and marijuana expungement under A.R.S. 36-2862 (true expungement for qualifying offenses). Choosing the right remedy depends on the offense and the goal.

A criminal conviction in Arizona follows you into every job application, every apartment rental screening, and every professional license review. Even years after you have paid your fines, served your time, and rebuilt your life, that record remains visible to anyone who runs a background check. Read more about how dismissed charges still appear on background checks.

Arizona law now provides three separate paths to address a criminal record: set-aside under ARS §13-905, record sealing under ARS §13-911, and marijuana-specific expungement under ARS §36-2862. Each one works differently. Each one produces a different result. And choosing the wrong path, or filing for the wrong remedy, can cost you months of wasted effort.

This guide breaks down all three options in detail so you understand what each one actually does, who qualifies, and which one applies to your situation.

What Arizona Means by “Expungement” (and Why the Term Is Misleading)

Traditional expungement, the kind that exists in states like California or Illinois, destroys the criminal record entirely. The conviction is erased. Court files are shredded or sealed beyond any public access. For legal purposes, the offense never happened.

Arizona has never had true expungement for most criminal offenses. For decades, the only option available was the set-aside under ARS §13-905, which did not erase anything. In 2023, Arizona added record sealing under ARS §13-911, which comes closer to what most people think of when they hear “expungement.” And since 2021, a narrow category of marijuana offenses has been eligible for actual expungement under Proposition 207.

If someone told you that you can “get your record expunged” in Arizona, they were either talking about marijuana offenses specifically or using the term loosely. The distinction matters because the practical effects of each remedy are very different.

Set-Aside Under ARS §13-905

What a Set-Aside Does

A set-aside is a court order stating that your conviction has been “set aside” and your case has been dismissed. This notation appears on your criminal record alongside the original conviction. The conviction itself does not disappear. Anyone who pulls your record will still see the original charge, the guilty verdict or plea, and the sentence. They will also see the court’s order setting aside the judgment.

The practical effect is that a set-aside signals to employers, landlords, and licensing boards that a court reviewed your case after the fact and determined you earned a second chance. Many employers view a set-aside favorably. Arizona law (ARS §13-905(F)) specifically states that a set-aside releases a person from “all penalties and disabilities” resulting from the conviction, with certain exceptions.

However, a set-aside does not restore your right to possess firearms if you were convicted of a felony. It does not prevent the conviction from being used as a prior offense if you pick up a new charge. And it does not remove the conviction from public background check databases. The record still exists. The set-aside is a notation on top of it.

Who Qualifies for a Set-Aside

To be eligible for a set-aside, you must have completed all terms of your sentence. That includes prison or jail time, probation, community service, fines, restitution, and any court-ordered treatment programs. You cannot file for a set-aside while you are still on probation or still owe restitution.

There is no mandatory waiting period after completing your sentence. You can file the petition as soon as every obligation is satisfied.

The court considers several factors when deciding whether to grant a set-aside:

The nature of the offense

Your compliance with probation conditions

Whether you paid all fines and restitution

Your criminal history since the conviction

The time that has passed since completing your sentence

The victim’s input (if applicable)

Your overall efforts at rehabilitation

Offenses That Cannot Be Set Aside

Certain convictions are permanently excluded from set-aside eligibility under ARS §13-905. These include:

Offenses involving a dangerous nature designation under ARS §13-704. Convictions requiring sex offender registration. Offenses where the victim was under 15 years old. DUI or other Title 28 traffic offenses (these have their own separate procedures). Convictions for offenses where the defendant inflicted serious physical injury on the victim. Violations where the defendant used a deadly weapon or dangerous instrument.

If your conviction falls into one of these categories, a set-aside is not available. You may still qualify for record sealing under ARS §13-911, depending on the specific offense, or you may need to pursue restoration of rights as an alternative path.

The Set-Aside Process

Filing for a set-aside requires a written petition to the court that handled your original case. The petition should include your case number, the specific conviction you want set aside, the date you completed all terms of your sentence, and a statement explaining why the court should grant the request.

The county attorney’s office is notified of the petition and has the opportunity to object. If there was an identifiable victim, the victim also has the right to be heard. In many cases, the court rules on the petition based on the written filing alone. Some judges schedule a hearing, particularly if the prosecution objects or if the offense was serious.

Processing times vary by county. Maricopa County petitions often take 30 to 90 days. Smaller counties may move faster or slower depending on their docket. There is no filing fee for a set-aside petition in most Arizona courts.

Record Sealing Under ARS §13-911

How Record Sealing Changed Arizona Law

Arizona’s record sealing statute took effect on January 1, 2023. This was a significant shift. For the first time, Arizona residents could petition to have their criminal records made invisible to the general public, not just annotated with a set-aside notation. Read more about diversion options for first-time offenders.

Record sealing under ARS §13-911 does not destroy the record. Law enforcement agencies, courts, prosecutors, and certain regulatory bodies can still access sealed records. But for the purposes of most background checks, employment applications, and housing screenings, a sealed record does not appear. The person can legally state that they have not been convicted of the sealed offense in most contexts.

This is the closest thing Arizona has to true expungement for the majority of criminal offenses.

Eligibility for Record Sealing

Record sealing requires that you have completed your entire sentence, including all prison or jail time, probation, fines, and restitution. Beyond that, you must wait a specific period after completing your sentence before you can petition. The waiting periods depend on the classification of the offense:

Class 2 felony: 10 years after completing the sentence. Class 3 felony: 5 years after completing the sentence. Class 4 felony: 4 years after completing the sentence. Class 5 felony: 3 years after completing the sentence. Class 6 felony: 2 years after completing the sentence. Class 1 misdemeanor: 2 years after completing the sentence. Class 2 misdemeanor: 2 years after completing the sentence. Class 3 misdemeanor: 2 years after completing the sentence.

If the conviction was for an offense that has been reclassified or is no longer illegal in Arizona, there is no waiting period. You can petition immediately after completing your sentence.

During the waiting period, you must remain conviction-free. Any new criminal conviction during the waiting period resets your eligibility.

Offenses That Cannot Be Sealed

ARS §13-911 excludes several categories of offenses from record sealing:

Convictions requiring sex offender registration. Offenses against children under ARS Title 13, Chapter 14 (sexual exploitation of a minor, child molestation, and related offenses). Convictions for offenses classified as dangerous under ARS §13-704. The exclusion list is narrower than the set-aside exclusion list, which means some offenses that cannot be set aside may still be eligible for sealing, and vice versa.

Notably, many DUI convictions, domestic violence offenses, and drug crimes are eligible for record sealing even if they were not eligible for a set-aside. This is one of the most important practical differences between the two remedies.

What Sealing Actually Does

Once a record is sealed, the court file is no longer accessible through public records searches. The Arizona Department of Public Safety updates its databases to reflect the sealed status. Private background check companies should not return the sealed conviction in their reports, though there can be delays as commercial databases update their records.

A sealed record is still visible to law enforcement agencies during criminal investigations. Prosecutors can access sealed records when evaluating charges. Certain professional licensing boards (particularly those involving work with children, vulnerable adults, or positions of public trust) may still be able to see sealed convictions. And federal agencies, including the FBI, are not bound by Arizona’s sealing orders.

If you are asked on a job application whether you have been convicted of a crime, and your record has been sealed, you can legally answer “no” in most circumstances. The exceptions involve applications for law enforcement positions, positions involving children or vulnerable adults, and applications for security clearances or certain professional licenses where the licensing statute specifically requires disclosure of sealed convictions.

The Record Sealing Process

The petition for record sealing is filed in the court that handled the original case. The petition must identify the conviction, confirm that you have completed your sentence and the required waiting period, and state that you have not been convicted of any new offenses during the waiting period.

The prosecutor and any identifiable victim are notified. Both have the right to respond. The court may hold a hearing or may rule on the papers.

There is a filing fee for record sealing petitions in most Arizona courts, typically in the range of $50 to several hundred dollars depending on the county. Courts have the discretion to waive the fee for petitioners who demonstrate financial hardship.

Processing times are similar to set-aside petitions: roughly 30 to 120 days, depending on the county and whether a hearing is required.

For a more detailed breakdown of the sealing process, see our guide on sealing records in criminal cases.

Marijuana Expungement Under ARS §36-2862

How Proposition 207 Created True Expungement

When Arizona voters approved Proposition 207 in November 2020, legalizing recreational marijuana, the law included a provision for expunging certain marijuana-related convictions. Unlike a set-aside or record sealing, marijuana expungement under ARS §36-2862 is a true expungement. The record is destroyed. The court file is sealed. The arrest and conviction are treated as though they never occurred.

This remedy is narrow. It applies only to offenses that would no longer be illegal under Arizona’s current marijuana laws. Specifically, it covers convictions for possessing, consuming, or transporting 2.5 ounces or less of marijuana (or 12.5 grams of concentrate), possessing or cultivating six or fewer marijuana plants for personal use, or possessing or using marijuana paraphernalia.

The Petition Process for Marijuana Expungement

If you have a qualifying marijuana conviction, you can file a petition for expungement in the court where you were convicted. The court must grant the petition if the offense meets the criteria. There is no discretion involved. If the offense qualifies, the judge is required to grant the expungement.

The petition can be filed regardless of whether you have completed your sentence. If you are still on probation for a qualifying marijuana offense, the court must dismiss the charges and expunge the record.

Arizona law also contemplated an automatic review process, where the courts were supposed to identify qualifying convictions and initiate expungement on their own. In practice, the automatic process has been uneven. Many qualifying convictions have not been automatically processed. If you believe you have a qualifying marijuana conviction, filing your own petition is the most reliable path.

There is no filing fee for marijuana expungement petitions. Processing times have varied, but most petitions are resolved within 30 to 60 days.

Comparing the Three Options

Understanding the differences between these three remedies is critical to choosing the right one. Here is how they compare across the factors that matter most.

Visibility After the Remedy Is Granted

Set-aside: The conviction remains fully visible on your record. A notation is added showing the court set aside the judgment and dismissed the case. Anyone who runs a background check will see both the conviction and the set-aside order.

Record sealing: The conviction is hidden from most public records searches and commercial background checks. Law enforcement, prosecutors, and certain licensing agencies can still see the sealed record.

Marijuana expungement: The record is destroyed. No one can see it. It does not appear in any search, public or otherwise.

Effect on Employment Background Checks

A set-aside helps, but it does not make the conviction invisible. Employers who run background checks will see the conviction and the set-aside. Many employers look favorably on a set-aside, but some may still disqualify candidates based on the underlying offense.

Record sealing provides much stronger protection. The sealed conviction should not appear on commercial background checks. You can legally deny the conviction on most employment applications.

Marijuana expungement provides complete protection. The conviction no longer exists in any database.

Effect on Gun Rights

This is an area where the differences are stark. A set-aside under ARS §13-905 does not restore firearm rights for felony convictions. If you were convicted of a felony and received a set-aside, you still cannot legally possess a firearm.

Record sealing under ARS §13-911 also does not automatically restore gun rights. To restore firearm rights after a felony conviction, you need to petition separately under Arizona’s rights restoration process.

Marijuana expungement eliminates the conviction entirely, which removes it as a basis for any firearms disability under state law. However, federal law still prohibits firearm possession by users of controlled substances, and marijuana remains a Schedule I substance under federal law regardless of Arizona’s legalization.

Effect on Professional Licensing

Many Arizona professional licensing boards (nursing, real estate, teaching, law, accounting) conduct background checks and consider criminal history. A set-aside is visible to these boards but is generally viewed favorably. It shows rehabilitation and a court’s confidence in the applicant.

Record sealing provides stronger protection, but several licensing boards have statutory authority to access sealed records. If you are applying for a license that involves work with children, vulnerable adults, or public safety, the licensing board may still see and consider your sealed conviction.

Marijuana expungement removes the conviction entirely, leaving nothing for the licensing board to find.

Effect on Housing Applications

Landlords and property management companies routinely run background checks. A set-aside will still show the conviction. Record sealing should prevent the conviction from appearing on tenant screening reports. Marijuana expungement eliminates the record completely.

Which Option Is Right for Your Situation

The right remedy depends on your specific conviction, when you completed your sentence, and what you are trying to accomplish.

If you have a qualifying marijuana conviction, file for expungement under ARS §36-2862. This is the strongest remedy available and there is no reason to choose a lesser option.

If you have completed your sentence and the waiting period has passed, record sealing under ARS §13-911 provides the most meaningful relief for most people. It makes the conviction invisible on most background checks and allows you to legally deny the conviction in most contexts.

If you have recently completed your sentence and the waiting period for sealing has not yet passed, a set-aside under ARS §13-905 provides immediate relief. You can file for the set-aside now, benefit from the notation on your record, and then petition for record sealing once the waiting period expires.

If your offense is excluded from record sealing but eligible for set-aside, the set-aside is your only option. The same applies in reverse. Some offenses that cannot be set aside are eligible for sealing.

Many people pursue both remedies in sequence. They obtain a set-aside first for the immediate benefit, then petition for record sealing once they qualify. This is often the most strategic approach.

The Petition Process Step by Step

Regardless of which remedy you pursue, the basic procedural steps are similar.

Identify the correct court. You must file your petition in the same court that handled your original case. If you were convicted in Maricopa County Superior Court, your petition goes to Maricopa County Superior Court. If you were convicted in Lake Havasu Justice Court, that is where you file.

Gather your records. You need your case number, the specific charges and disposition, proof that you completed your sentence (including probation completion documentation, proof of paid fines and restitution), and any supporting documentation showing rehabilitation, employment, community involvement, or other positive changes since the conviction.

Draft and file the petition. Arizona courts provide standard forms for set-aside and record sealing petitions. The petition must include all required information and be filed according to the court’s procedures. Incomplete or improperly filed petitions are rejected or delayed.

Notification to the prosecutor and victim. The court notifies the county attorney and any identifiable victim. Both have the opportunity to file a response or objection. The prosecution’s position carries significant weight with the court.

Court review or hearing. Many petitions are decided on the papers without a hearing. If the prosecution objects, if the offense was serious, or if the judge wants to hear directly from the petitioner, a hearing will be scheduled.

Order issued. If the court grants the petition, it issues an order. For set-asides, the order is filed in your case and reflected on your record. For record sealing, the court notifies the Arizona Department of Public Safety and other agencies to update their databases. For marijuana expungement, the court orders the record destroyed.

What to Expect at a Court Hearing

If the court schedules a hearing on your petition, it will typically be brief. You or your attorney will present the petition, explain your rehabilitation, and address any factors the court should consider. The prosecutor may argue for or against the petition. If a victim appears, they will have the opportunity to speak.

The judge will consider the statutory factors, the prosecution’s position, the victim’s input, and the overall circumstances. Judges have broad discretion on set-asides and record sealing. There is no guaranteed outcome, even if you meet all the technical requirements.

Dress appropriately for court. Be on time. Be respectful. If you have letters of support from employers, community leaders, or treatment providers, bring them. Demonstrating concrete rehabilitation carries more weight than general statements about turning your life around.

Offenses That Can Never Be Cleared

Some convictions cannot be addressed through any of Arizona’s record-clearing remedies. These include convictions requiring lifetime sex offender registration, sexual offenses against children (child molestation, sexual conduct with a minor, sexual exploitation of a minor, and related offenses under ARS Title 13 Chapter 14), and certain offenses with a dangerous nature designation involving serious physical injury or death.

For individuals with these convictions, the focus shifts to restoration of civil rights, which can restore voting rights and other civil rights even when the conviction itself cannot be set aside or sealed.

Federal Records and Their Limitations

Arizona’s set-aside, record sealing, and marijuana expungement orders apply to state records. They do not directly affect federal databases. The FBI maintains its own records through the National Crime Information Center (NCIC), and Arizona court orders do not automatically update those records.

After you receive a set-aside or sealing order, the Arizona Department of Public Safety updates its records and reports the change to the FBI. However, the FBI’s process for updating its records is slow. Private background check companies that pull from federal databases may continue to report the conviction for months or even years after a state sealing order is entered.

If you are applying for federal employment, a security clearance, or any position that requires an FBI background check, your Arizona conviction history will likely still be visible regardless of state-level clearing.

For individuals with arrests that did not result in conviction, or charges that were dismissed through diversion programs or prosecutorial discretion, a separate process exists to address those records. Dismissed charges can also appear on background checks, and there are specific steps to address that. See our guide on dismissed charges and Arizona background checks.

Cost and Timeline for Each Option

Set-aside: No filing fee in most courts. Attorney fees typically range from $500 to $1,500 depending on the complexity of the case and the county. Processing time is usually 30 to 90 days.

Record sealing: Filing fees of $50 to several hundred dollars depending on the county. Attorney fees typically range from $750 to $2,500, reflecting the additional complexity and the longer petition requirements. Processing time is 30 to 120 days.

Marijuana expungement: No filing fee. Attorney fees are typically $300 to $750, reflecting the straightforward nature of the process (the court must grant the petition if the offense qualifies). Processing time is usually 30 to 60 days.

Fee waivers are available for petitioners who cannot afford the filing fees. Your attorney can file the waiver request with the petition.

Why Having an Attorney Matters

Arizona’s record-clearing petitions are technically available to self-represented individuals. The forms exist. The court clerks can accept your filing. But several practical realities make attorney representation valuable.

First, determining eligibility is not always straightforward. Criminal records contain errors. Offenses may have been charged under one statute but pled down to another. The classification of the offense (and therefore the waiting period for sealing) may not be obvious from the records alone. An attorney can review your complete criminal history and identify exactly which remedies are available for each conviction.

Second, the petition itself matters. A bare-bones petition that checks the required boxes may technically satisfy the filing requirements, but it does not persuade a judge the way a well-drafted petition does. Judges have discretion. A petition that clearly presents your rehabilitation, your community contributions, and the specific reasons the court should grant relief is more likely to succeed than a form filing with no supporting narrative.

Third, if the prosecution objects, you need someone who can respond effectively. Prosecutors object to record-clearing petitions more often than most people expect, particularly for serious offenses or cases where restitution payments were late. An attorney who handles these petitions regularly knows what prosecutors typically argue and how to counter those arguments.

Finally, the process does not end with the court order. After sealing or set-aside, you need to confirm that the Arizona Department of Public Safety updates its records, that the FBI receives the updated information, and that commercial background check databases reflect the change. If errors persist (and they often do), your attorney can take the steps necessary to ensure compliance.

Juvenile records follow a different process entirely under Arizona law. If you are seeking to seal a juvenile record, see our guide to juvenile record sealing in Arizona.

Frequently Asked Questions

Does a set-aside erase my conviction in Arizona? No. A set-aside adds a notation to your record showing the court dismissed the case after you completed your sentence. The original conviction remains visible. Anyone who runs a background check will see both the conviction and the set-aside order.

Can I get my record sealed if I was convicted of a felony? Yes, most felony convictions are eligible for record sealing under ARS §13-911. The waiting period after completing your sentence ranges from 2 years for a Class 6 felony to 10 years for a Class 2 felony. Certain offenses involving sex crimes against children, sex offender registration, and dangerous offense designations are excluded.

What is the difference between record sealing and expungement in Arizona? Record sealing under ARS §13-911 hides your conviction from most public searches, but law enforcement and certain agencies can still access the sealed record. Marijuana expungement under ARS §36-2862 destroys the record entirely. True expungement is only available for qualifying marijuana offenses. Record sealing is the closest option for all other offenses.

Can I own a gun after my record is sealed? Record sealing does not automatically restore firearm rights for felony convictions. You need a separate petition for restoration of gun rights. For misdemeanor convictions that did not carry a firearms prohibition, sealing the record should resolve any practical concerns, but the sealing itself does not change the underlying legal disability.

How long does the record sealing process take? From filing to order, most petitions take 30 to 120 days depending on the county, the court’s docket, and whether the prosecution files an objection. If a hearing is scheduled, that can add several weeks.

Will a sealed record show up on a federal background check? Arizona sealing orders do not directly control federal databases. The FBI updates its records based on information from the Arizona Department of Public Safety, but the process is slow. For federal employment, security clearances, and positions requiring FBI checks, sealed convictions may still be visible.

Can I seal a DUI conviction in Arizona? DUI convictions are generally eligible for record sealing under ARS §13-911, subject to the applicable waiting period based on the offense classification. DUI convictions are not eligible for set-aside under ARS §13-905 because they fall under Title 28 traffic offenses.

Do I need a lawyer to file for record sealing or a set-aside? You are not required to have an attorney, but representation significantly improves your chances of a successful outcome. An attorney can identify the correct remedy for your specific conviction, prepare a persuasive petition, respond to prosecutorial objections, and ensure that databases are properly updated after the order is entered.

Take the Next Step Toward Clearing Your Record

If you have a criminal conviction on your record in Arizona, you may have more options than you realize. Whether you qualify for a set-aside, record sealing, marijuana expungement, or a combination of these remedies, the attorneys at Rideout Law Group can review your record, identify your options, and handle the petition process from start to finish.

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

Related Resources From Rideout Law

Key Takeaways

Arizona has no traditional expungement for most criminal convictions.
Set-aside under A.R.S. 13-905 vacates the conviction and adds a notation but leaves the case on public record.
Record sealing under A.R.S. 13-911 (added in 2023) restricts public access to eligible records.
Marijuana expungement under A.R.S. 36-2862 (Proposition 207) is true expungement for specific marijuana offenses before legalization.
Each remedy has its own waiting periods, eligibility rules, and procedural requirements.

Arizona Statute References

Statute citations in this article reference the Arizona Revised Statutes (A.R.S.). Read the full text on the Arizona Legislature website:

A.R.S. 13-905: Arizona Revised Statutes
A.R.S. 13-911: Arizona Revised Statutes
A.R.S. 36-2862: Arizona Revised Statutes

Talk to a Rideout Law Group Attorney

If you are facing criminal charges in Arizona, the decisions you make in the first few days can shape the rest of your case. Rideout Law Group represents clients across Maricopa and Mohave County from offices in Scottsdale and Lake Havasu City.

Call (480) 584-3328 for a free consultation, or contact us online to schedule a confidential review of your case.

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship between you and Rideout Law Group. Every criminal case turns on specific facts, court of jurisdiction, and procedural posture. If you are facing charges in Arizona, consult a licensed Arizona criminal defense attorney about your individual situation. Past results do not guarantee future outcomes.