Arizona Criminal Record Relief: Set-Aside, Expungement, and Sealing Laws

Arizona provides three primary mechanisms for criminal record relief — set-aside, expungement, and record sealing — each operating under distinct statutory authority and producing different legal effects. These remedies are governed primarily by the Arizona Revised Statutes (A.R.S.) and administered through the Arizona Superior Court system. Understanding the classification boundaries between these remedies is critical for practitioners, legal aid providers, and individuals navigating post-conviction relief, as eligibility criteria and legal consequences differ substantially across the three forms. The regulatory context for Arizona's legal system shapes which remedies are available and under what procedural conditions.

Definition and scope

Arizona's criminal record relief landscape underwent significant structural expansion through Senate Bill 1294 (2021), which created a new record sealing process under A.R.S. § 13-911. Before that legislation, Arizona had no true expungement mechanism for most adult criminal convictions. The three remedies now in operation are:

• Set-Aside (A.R.S. § 13-905): The conviction is not erased but is designated as "set aside." The judgment of guilt is vacated and the defendant is released from all penalties and disabilities resulting from the conviction, with certain exceptions. The record remains publicly visible but is annotated.
• Expungement (A.R.S. § 36-2862): A narrow remedy limited to arrests, charges, adjudications, and convictions related to marijuana offenses that were made legal under Proposition 207 (2020). This is the only statutory expungement pathway for adult records in Arizona.
• Record Sealing (A.R.S. § 13-911): Introduced in 2021, this remedy allows eligible individuals to petition to seal their court records, arrest records, and Department of Public Safety (DPS) records. Sealed records are not publicly accessible but are not destroyed.

Scope and coverage limitations: These provisions apply to offenses under Arizona state law, processed through Arizona's court system. Federal criminal records are governed by federal law and fall outside Arizona's statutory relief mechanisms. Tribal court records, addressed in the Arizona Tribal Courts framework, are outside the scope of A.R.S. § 13-905 and § 13-911. Immigration consequences of any relief action are governed by federal immigration law and are not altered by state-level set-aside or sealing orders — a critical distinction documented by the Maricopa County Public Defender in client advisories. This page does not cover juvenile records, which are addressed separately under Arizona's Juvenile Justice System.

How it works

Set-Aside Process (A.R.S. § 13-905)

1. Eligibility determination: Applicant must have completed all terms of the sentence, including probation, fines, and restitution. Certain offenses are categorically excluded, including dangerous offenses, offenses against minors under age 15, and offenses requiring sex offender registration.
2. Petition filing: Filed with the Superior Court in the county of conviction. No filing fee is specified by statute, though local courts may impose administrative fees.
3. Judicial review: The court considers factors including the nature of the offense, the applicant's compliance with sentence terms, and time elapsed since discharge.
4. Order issuance: If granted, the court enters an order vacating the judgment. The Arizona Department of Public Safety (DPS) updates its records to reflect the set-aside status.

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

1. Waiting period compliance: Waiting periods range from 2 years (Class 6 felony or lower) to 10 years (Class 2 or 3 felony), measured from absolute discharge. Certain violent and sexual offenses are not eligible.
2. Petition filing: Filed with the court of conviction. Prosecutors receive notice and have 30 days to object.
3. Hearing: The court may hold a hearing if an objection is filed or if the judge deems it necessary.
4. Sealing order: If granted, the court, DPS, arresting agencies, and prosecuting agencies are required to seal their respective records.

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

Petitions are filed with the court of conviction. Eligible offenses include possession of 2.5 ounces or less, possession of drug paraphernalia for marijuana use, transport of 2.5 ounces or less, and cultivation of 6 or fewer plants for personal use. No waiting period applies.

Common scenarios

Scenario 1 — Non-violent felony conviction, sentence completed: An individual convicted of a Class 4 felony theft offense who completed probation 6 years prior may be eligible for both set-aside (A.R.S. § 13-905) and record sealing (A.R.S. § 13-911, 5-year waiting period for Class 4 felonies). These remedies can be pursued sequentially or, in practice, simultaneously, though they produce distinct effects on public record visibility.

Scenario 2 — Marijuana-related arrest, no conviction: Under A.R.S. § 36-2862, an arrest for possession of 2.5 ounces or less that did not result in conviction is eligible for expungement with no waiting period.

Scenario 3 — DUI conviction: Driving under the influence convictions under A.R.S. § 28-1381 are eligible for set-aside but remain visible on driving records maintained by the Arizona Department of Transportation (ADOT). Record sealing is generally available for DUI misdemeanors after a 3-year waiting period unless the offense involved a minor passenger or other aggravating statutory factors.

Scenario 4 — Sex offense requiring registration: Offenses requiring registration under A.R.S. § 13-3821 are excluded from both set-aside and record sealing. This represents a firm statutory boundary, not a judicial discretion matter.

Decision boundaries

The three relief mechanisms differ along four critical axes:

Set-aside vs. record sealing — key contrast: A set-aside leaves the conviction record accessible to the public and to employers conducting background checks; it signals legal rehabilitation but does not remove the record. A sealed record under A.R.S. § 13-911 is inaccessible to most employers and the general public, though law enforcement, courts, and certain licensing agencies retain access. The Arizona Department of Public Safety maintains records of sealed convictions for law enforcement use.

Absolute exclusions from sealing (A.R.S. § 13-911(G)): The following offense categories are categorically ineligible for sealing regardless of time elapsed or rehabilitation evidence:
- Dangerous offenses as defined by A.R.S. § 13-105(13)
- Offenses involving a victim under age 15
- Sexual offenses requiring registration
- Offenses for which lifetime probation was imposed

Practitioners working in post-conviction relief should consult the broader Arizona criminal procedure overview and, for sentencing interaction issues, the Arizona criminal sentencing guidelines framework. The Arizona expungement and record sealing reference provides additional procedural detail on petition forms and court-specific requirements. Legal aid resources for individuals unable to afford counsel are catalogued through the Legal Aid Organizations directory. For a full overview of the legal services landscape covered by this authority, see the site index.

References

• Arizona Revised Statutes § 13-905 — Set-Aside of Judgment
• Arizona Revised Statutes § 13-911 — Sealing of Court Records
• Arizona Revised Statutes § 36-2862 — Marijuana Expungement
• Arizona Senate Bill 1294 (55th Legislature, 1st Regular Session, 2021)
• Arizona Department of Public Safety — Public Records
• Arizona Department of Transportation (ADOT)
• Arizona Revised Statutes Tables — AZ Legislature
• Maricopa County Public Defender