Arizona Record Sealing, Expungement, and Set Aside Laws – Full Guide

Arizona criminal law offers three main legal remedies for clearing or limiting access to your criminal record: record sealing, expungement, and set aside. Each has different eligibility rules, waiting periods, and long-term effects.

This guide explains Arizona’s record-clearing laws, how they work, and how to determine which option is right for your case.

1. Arizona Record Sealing (A.R.S. § 13-911)

As of December 31, 2022, Arizona allows certain individuals to seal criminal case records, including arrests, charges, and convictions.

What sealing does

• Hides the record from public view and most background checks

• Allows you to legally say the arrest or conviction never happened in most situations

• Law enforcement, courts, and certain agencies can still access sealed records

Eligibility

You can petition to seal records if:

• You were arrested but never charged

• Charges were dismissed or you were acquitted

• You completed all terms of your sentence for eligible convictions and waited the required time

Waiting periods after sentence completion:

• Class 2–3 felony: 10 years

• Class 4–6 felony: 5 years

• Class 1 misdemeanor: 3 years

• Class 2–3 misdemeanor: 2 years

Not eligible: Dangerous crimes against children or cases involving victims under 15 years old.

2. Arizona Expungement (Marijuana-Only – A.R.S. § 36-2862)

Arizona does not offer general expungement for all crimes. The only true expungement law applies to certain marijuana-related offenses under Proposition 207.

What expungement does

• Completely erases the offense from court and criminal databases

• Records are sealed and destroyed

• You may legally state the offense never occurred in all situations

Eligible marijuana offenses

• Possession, use, or transport of 2.5 ounces or less of marijuana (max 12.5 grams of concentrate)

• Cultivating no more than six marijuana plants for personal use

• Possessing marijuana paraphernalia

No waiting period — you can petition immediately.

3. Arizona Set Aside (A.R.S. § 13-905)

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

What a set aside does

• Vacates the judgment of guilt and releases you from penalties and disabilities from the conviction

• Adds a note to the public record showing the conviction was “set aside”

• Does not remove the conviction from public view

Eligibility

Available for most offenses once you’ve completed your sentence, except:

• Dangerous offenses

• Certain sexual crimes

• Crimes with serious physical injury

• Crimes involving minors under 15

• Certain serious traffic offenses

Courts consider:

• Nature of the offense

• Compliance with probation or sentence

• Time since completion

• Victim input

• Prior criminal history

Arizona Sealing vs. Expungement vs. Set Aside – Key Differences

Sealing (13-911)

• Hides record from public view

• The public cannot view details, but there may be exceptions

• Only eligible for certain arrests, dismissals, and convictions

• Waiting period varies based on offense

Expungement (13-2862)

• Erases and destroys records

• The public can no longer access the record

• Only applies to marijuana cases

• No waiting period

Set Aside (13-905)

• Marks conviction as vacated but still visible

• Still visible to the public but shows as “set aside”

• Most convictions apply but there are certain exceptions

• No waiting period after sentence is completed

Filing Process in Arizona

1. Confirm eligibility under the correct statute

2. Complete the petition (Arizona petitions vary by county)

3. File with the court where the case was handled

4. Serve the prosecutor if required

5. Attend a hearing if scheduled

6. Receive a court decision granting or denying your petition

Relevant Arizona Statutes

• A.R.S. § 13-911 – Sealing criminal records

• A.R.S. § 36-2862 – Marijuana expungement

• A.R.S. § 13-905 – Set aside convictions

• A.R.S. § 13-910 – Restoration of rights and firearm rights

Arizona Record Clearing FAQ

How long do you have to wait to seal a record in Arizona?

• 2 to 10 years after completing your sentence, depending on the offense level.

Can you expunge a felony in Arizona?

• Only certain marijuana felonies can be expunged under Prop 207.

Does a set aside remove a conviction from your record?

• No. A set aside shows the conviction as vacated but still visible to the public.

Is record sealing the same as expungement in Arizona?

• No. Sealing hides the record; expungement permanently erases it.

Do sealed records show on background checks in Arizona?

• No, except to law enforcement, courts, and certain licensing agencies.

Bottom Line

• Sealing hides your record after a waiting period.

• Expungement (marijuana only) erases your record entirely.

• Set aside marks the conviction as vacated but keeps it visible.

If you want to clear your Arizona criminal record, an experienced Arizona criminal defense attorney can help determine the right option and handle the process for you. At Millar Law, we have experienced attorneys who have had numerous petitions to expunge, seal, and set aside granted throughout the State of Arizona. If you or a loved one would like additional information on how we can clear your record, contact us directly at 602-900-0545.