Record Sealing vs. Set Aside in Arizona: A Complete Guide to Your Fresh Start

Record Sealing vs. Set Aside

We understand that a past mistake can feel like a heavy weight, often appearing at the worst possible times, like when you’re applying for a new job or trying to rent a home. In Arizona, the law provides two primary paths to mitigate the impact of a criminal record: Record Sealing and Set Asides. While they are often mentioned in the same breath, they provide very different types of relief. We believe that everyone deserves the opportunity to move past their history, and we focus on helping individuals navigate these complex statutes to achieve a clean slate.

What is a Set Aside under Arizona Law?

For many years, the “Set Aside” was the only form of relief available for most Arizona convictions. Under A.R.S. § 13-905, if we successfully petition the court to set aside your conviction, the judge sets aside the judgment of guilt and dismisses the charges. This is a significant legal victory because it officially marks the case as “dismissed” in the eyes of the law.

However, it’s important to understand the limitations of this process. Even after a set aside is granted, the record of your arrest and the original charge remains a matter of public record. If a potential employer or landlord runs a background check, they will still see the entry, though it will now be accompanied by a notation stating the conviction was set aside. We often recommend this path as a vital first step in restoring your civil rights, such as your right to vote or possess a firearm.

How does Record Sealing (A.R.S. § 13-911) differ?

In early 2023, Arizona law expanded significantly with the introduction of record sealing under A.R.S. § 13-911. This law provides a much higher level of privacy than a set aside. When we seal a record, it is physically removed from public-facing databases. This means that for the vast majority of background checks, including those conducted by private employers, credit agencies, and landlords, your record will generally not appear in most standard background checks conducted through official sources.

One of the most powerful aspects of this law is the “No” rule. Once your record is sealed, the law generally allows you to state that you have not been arrested or convicted of that specific crime, except in situations where disclosure is required by law in a handful of situations. We see this as the most effective way to truly put the past behind you, as it restores your privacy and allows you to move through the world without the stigma of a prior conviction following you.

Is a Set Aside the same as expungement?

We are often asked if Arizona offers “expungement.” In the strictest legal sense, expungement means the total destruction of a record. In Arizona, true expungement is generally limited to specific marijuana offenses under Proposition 207. For most other crimes, we use record sealing or set asides to achieve similar goals.

While record sealing hides the record and a set aside dismisses the conviction, neither process results in the record being deleted from law enforcement or court internal systems. Law enforcement agencies and certain government bodies will still have access to this information if you are involved in future legal proceedings or apply for sensitive positions, such as those in the judicial branch or law enforcement.

Who is eligible for Record Sealing in Arizona?

Eligibility for record sealing is largely determined by the type of offense and the amount of time that has passed since you completed your sentence. We help you determine exactly where you stand in this timeline. Generally, the law requires a waiting period starting from the date you fulfilled all court requirements, including jail time, probation, and the payment of all financial obligations like restitution and fines.

For a Class 2 or 3 felony, the waiting period is typically ten years. For Class 4, 5, or 6 felonies, the requirement is five years. Misdemeanors carry shorter wait times, with Class 1 misdemeanors requiring three years and lower-level misdemeanors requiring only two years. If your case was dismissed or you were found not guilty, we can often petition to seal those records immediately without any waiting period at all.

What offenses are ineligible for relief?

It’s a hard truth that not every offense qualifies for these programs. Arizona law excludes certain serious crimes to prioritize public safety. We’ve found that dangerous offenses involving the use of a deadly weapon or the infliction of serious physical injury are not eligible for record sealing under Arizona law.

Additionally, crimes involving sexual exploitation of minors or certain high-level sexual offenses cannot be sealed or set aside. Some driving offenses, while they may be eligible for a set aside, cannot be removed from your Motor Vehicle Division (MVD) record. We carefully review the specifics of your case to ensure that you are eligible before we begin the petition process.

Why should you pursue both a Set Aside and Record Sealing?

If you are eligible for both, we strongly advise pursuing both simultaneously. The record sealing shields your past from the public eye, while the set aside ensures that if the record is ever viewed by an authorized agency, it shows as a dismissed case rather than an active conviction.

This dual approach is particularly beneficial for individuals seeking professional licenses or government employment. Even if a sealed record must be disclosed during a sensitive background check, having that record also set aside proves to the licensing board that a judge has formally recognized your rehabilitation and dismissed the case.

How do we start the process for you?

The process of clearing a record is highly technical and requires a precise understanding of court procedures. We begin by conducting a comprehensive review of your criminal history to confirm that all waiting periods have been met and all financial obligations are satisfied. Once eligibility is confirmed, we draft and file a formal petition with the court that originally handled your case.

After the petition is filed, the prosecutor has an opportunity to object, and in some instances, a judge may schedule a hearing to determine if granting the request is in the interest of public safety. We handle all communication with the court and the prosecutor’s office, presenting your story in the most favorable light to demonstrate your rehabilitation. Our goal is to make the process as seamless as possible for you so that you can focus on your life while we handle the legal heavy lifting.

Why choosing a dedicated representative matters

Filing for record sealing or a set aside is a significant legal move. A single error in the paperwork or a failure to provide the correct evidence of rehabilitation can lead to a summary denial. If a judge denies your petition, you must wait three years before reapplying. We take this responsibility seriously, ensuring that every detail is addressed correctly the first time.

We pride ourselves on providing clear, compassionate, and informative support. We don’t just see a case number; we see a person who is ready to move forward. We bring a professional perspective to every filing, ensuring that the court understands your commitment to being a law-abiding member of the community.

Your future is worth protecting

A criminal record should not be a life sentence of limited opportunity. Whether you’re seeking a promotion, applying for a mortgage, or simply want to reclaim your privacy, we provide the legal support necessary to make that happen. Arizona’s new laws offer a path to redemption that was not available just a few years ago, and we are here to ensure you take full advantage of them.

We invite you to reach out and discover how these laws apply to your specific situation. Don’t let your past dictate where you can go in the future. 

Ready to move forward?

The journey to a clean record begins with a single step. We have the experience and the dedication to help you navigate the complexities of Arizona’s record sealing and set aside laws. Your reputation is your most valuable asset, let us help you protect it. Hire Future First Criminal Law today and start moving forward with confidence.

Frequently Asked Questions

Can I seal my record if I was never convicted?

Yes, if you were arrested but charges were never filed, or if your charges were eventually dismissed or you were acquitted at trial, you are eligible to petition for record sealing immediately. There is no multi-year waiting period for non-convictions.

Will record sealing restore my right to own a firearm?

Record sealing alone does not restore firearm rights in Arizona. To regain your Second Amendment rights, we typically need to pursue a Set Aside along with a specific Petition for Restoration of Civil Rights. These are separate legal actions, but we can often handle them concurrently to provide a comprehensive solution for your legal status.

How does record sealing affect my current job?

If you are already employed, record sealing generally does not affect your current status unless your employer conducts periodic background checks. However, for future applications, it is a game-changer. Once the court grants the order, you are generally permitted to state that the conviction did not occur, except where disclosure is required by law, which can open doors that were previously closed to you.