Expungement and Record Sealing in Arizona: What’s Actually Available

Arizona does not have general expungement. If you have been told your criminal record can simply be erased in Arizona, that is not quite right. Arizona law provides several different forms of record relief, and the differences matter when deciding what you may qualify for and what the result can accomplish.

Three remedies are commonly grouped together under the word “expungement,” even though they work differently:

• A set-aside under A.R.S. § 13-905, which can set aside the judgment of guilt and release a person from certain penalties and disabilities resulting from the conviction, while leaving the record in place with a notation.
• Sealing under A.R.S. § 13-911, which restricts public access to qualifying case records and, for many people, provides the relief they are actually seeking when they search for “expungement.”
• Expungement under A.R.S. § 36-2862, which applies only to certain marijuana-related offenses and provides true statutory expungement.

Find out which option may apply to your record — call (623) 847-7117 for a free consultation.

Why “expungement” is usually the wrong word in Arizona

The word “expungement” is often used loosely to describe several forms of criminal-record relief. In Arizona, however, a set-aside and record sealing are legally different from expungement.

A set-aside does not delete or seal a conviction. The record remains, but it is updated to reflect that the conviction was set aside.

Sealing goes further by restricting public access to qualifying case records. A sealed record is not the same as a destroyed record: courts, prosecutors and law enforcement can retain access, and Arizona law contains exceptions governing when sealed records may still be used or disclosed.

Only Arizona’s marijuana statute provides true statutory expungement. For most felony and misdemeanor records, the relevant remedies are a set-aside, sealing, or both.

Setting aside a conviction (A.R.S. § 13-905)

A set-aside is one of Arizona’s longstanding forms of post-conviction relief.

What it does. If the court grants the application, the judgment of guilt is set aside, the accusations or information are dismissed, and the person is released from certain penalties and disabilities resulting from the conviction, subject to exceptions in Arizona law.

What it does not do. A set-aside does not seal or remove the criminal record. Because the record remains, the conviction may still appear on background checks along with the notation that it was set aside.

Who can apply. A person generally applies after completing the sentence and being discharged. Unlike record sealing after a conviction, a set-aside does not use the same multi-year waiting periods.

Why it can matter. A set-aside provides an official court record showing that post-conviction relief was granted. Depending on the circumstances, that can be relevant when a person is dealing with employment, housing, professional licensing or other consequences of a prior conviction.

Not every conviction is eligible for a set-aside. Arizona law excludes certain categories of offenses, so eligibility should be evaluated based on the specific conviction.

Sealing a criminal record (A.R.S. § 13-911)

Arizona’s record-sealing law took effect in 2023 and created a significant form of relief for qualifying adult criminal records.

What it does. When a court seals a qualifying case record, public access to records involving the arrest, charge, conviction and sentence is restricted. Subject to statutory exceptions, a person whose records are sealed may generally state that the person was never arrested for, charged with or convicted of the crime that is the subject of the sealed record.

Who can petition. Record sealing is not limited to convictions. Depending on the circumstances, a person may petition after completing a sentence, after charges are dismissed, after being found not guilty, or after an arrest that did not result in charges.

For a conviction, the statutory waiting period generally runs after the person completes the nonmonetary terms and conditions of the sentence and is discharged by the court. Other eligibility requirements also apply, including payment requirements at the time of filing.

Waiting periods for conviction-based petitions:

Source: A.R.S. § 13-911. Additional eligibility rules and exceptions may apply.

Not every offense is eligible for sealing. Arizona law excludes specified categories of offenses, including certain dangerous, violent, sexual and other serious offenses. Whether a particular case qualifies depends on the offense, disposition and criminal history.

Can a felony be expunged in Arizona?

Arizona generally does not expunge felony convictions in the traditional sense. Depending on the offense and circumstances, however, a felony conviction may qualify for a set-aside under A.R.S. § 13-905 or sealing under A.R.S. § 13-911.

For sealing, the waiting period depends on the felony classification. Qualifying class 2 and class 3 felony convictions generally have a 10-year waiting period, while qualifying class 4, class 5 and class 6 felony convictions generally have a 5-year waiting period. Other statutory requirements and exclusions still apply.

Can a misdemeanor be expunged in Arizona?

Arizona generally does not expunge misdemeanor convictions either, except for qualifying marijuana matters under the separate marijuana-expungement law.

A qualifying misdemeanor may instead be eligible for a set-aside or sealing. For sealing, qualifying class 1 misdemeanors generally have a 3-year waiting period, while qualifying class 2 and class 3 misdemeanors generally have a 2-year waiting period.

Marijuana expungement (A.R.S. § 36-2862)

Arizona’s marijuana-expungement law is different from a set-aside or ordinary record sealing. It provides true statutory expungement for qualifying marijuana-related records.

The law applies to qualifying arrests, charges, adjudications and convictions involving conduct that occurred before the effective date of Proposition 207, including possession, consumption or transportation of up to 2½ ounces of marijuana, of which no more than 12½ grams could be marijuana concentrate; possession, transportation, cultivation or processing of up to six marijuana plants at the individual’s primary residence for personal use; and qualifying marijuana paraphernalia.

For people who qualify, the statute does not impose the multi-year waiting periods used for sealing a conviction under A.R.S. § 13-911.

Not sure which remedy applies to your record? Call (623) 847-7117 for a free consultation.

Which form of record relief may make sense?

For many people, sealing provides broader practical relief than a set-aside because it restricts public access to qualifying case records. A set-aside may still be valuable, particularly when a person has completed the sentence but has not yet satisfied the waiting period required for sealing.

The remedies are not necessarily mutually exclusive. Depending on the case, a person may pursue a set-aside before later becoming eligible to seek sealing.
If charges were dismissed, the person was acquitted, or an arrest did not result in charges, sealing may also be available without the conviction-based waiting periods listed above.

If the case involved a qualifying marijuana offense, Arizona’s marijuana-expungement statute may provide a separate form of relief.

Eligibility depends on the specific offense, the disposition of the case, criminal history and satisfaction of the applicable statutory requirements. An attorney can review the record and determine which remedy may be available.

Frequently asked questions

Can you expunge a criminal record in Arizona?

Not in the general sense. Arizona offers a set-aside under A.R.S. § 13-905 and record sealing under A.R.S. § 13-911. True statutory expungement is available for certain marijuana-related records under A.R.S. § 36-2862. For many adult criminal records, sealing is the remedy that comes closest to what people commonly mean by expungement.

What is the difference between a set-aside and sealing?

A set-aside provides post-conviction relief and adds a notation to the record, but it does not seal or remove the record. Sealing restricts public access to qualifying case records and generally provides broader privacy protections. Conviction-based sealing also requires an applicable waiting period.

How long before I can seal a conviction in Arizona?

The waiting period depends on the offense classification: generally 10 years for a class 2 or 3 felony, 5 years for a class 4, 5 or 6 felony, 3 years for a class 1 misdemeanor, and 2 years for a class 2 or 3 misdemeanor. The statutory waiting period generally begins after completion of the nonmonetary terms and conditions of the sentence and discharge by the court. Additional eligibility requirements apply.

Can I seal a record if the charges were dropped?

Potentially, yes. Arizona law allows petitions to seal records in certain cases involving dismissed charges, acquittals, and arrests that did not result in charges. Those situations are not subject to the conviction-based waiting periods listed above.

Can a DUI be sealed or set aside in Arizona?

A qualifying Arizona DUI conviction may potentially be set aside and, after the applicable waiting period and satisfaction of the other statutory requirements, sealed. Sealing does not prevent a DUI conviction from being used for certain purposes allowed by Arizona law, including potential sentence enhancement for a later DUI. Eligibility depends on the specific conviction and the person’s record.

Does sealing mean I can say I was never convicted?

Subject to exceptions in Arizona law, a person whose case records have been sealed may generally state that the person was never arrested for, charged with or convicted of the crime that is the subject of the sealed record. Courts, prosecutors and law enforcement retain access in circumstances authorized by law.

Do I need a lawyer to seal or set aside a record?

Arizona law does not require a person to hire a lawyer simply to file a petition. An attorney can, however, help determine which remedy applies, evaluate eligibility, calculate the applicable waiting period and address issues that may affect the petition.

Ready to find out what you may qualify for?

A criminal record can continue affecting employment, housing and professional opportunities long after a case is over. Depending on the record, Arizona law may provide a way to reduce some of those consequences.
The Law Offices of John Phebus represents clients in Glendale and throughout Arizona in criminal-defense matters.

Attorney John Phebus is a former prosecutor.
Call (623) 847-7117 for a free consultation
17505 N. 79th Ave. #314, Glendale, AZ 85308
Disclaimer: Eligibility for a set-aside, sealing or expungement depends on the specific offense, disposition, criminal history and other factors. This information is provided for general informational purposes and is not legal advice.

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