Set Aside vs. Sealing: Arizona’s Clear Record Options

Understanding the Difference Between a Set Aside and Record Sealing in Arizona

If you have a past criminal conviction in Arizona, you’ve likely come across the terms “Set Aside” and “Record Sealing.” Both are powerful legal remedies that can help you move forward, but they are fundamentally different in purpose, eligibility, and long-term impact. Confusing one for the other can lead to missed opportunities or continued barriers to jobs, housing, or other aspects of life.

For decades, the Set Aside was the only general post-conviction relief available in Arizona. It offers meaningful legal recognition that a person has fulfilled their sentence and is ready for a second chance. However, it doesn’t fully erase the conviction from public view. More recently, Arizona enacted a Record Sealing law (A.R.S. § 13-911), which offers a stronger level of privacy. It allows eligible individuals to prevent the public from seeing the record at all. Understanding how each remedy works is essential when deciding the best strategy for clearing your record.

The Key Difference Between Set Aside and Record Sealing

The most important distinction between the two remedies lies in whether the record remains visible to the public.

Set Aside: Visible but Dismissed

A Set Aside, under A.R.S. § 13-905, does not hide the conviction. Instead, it updates the public record to show that the case has been “Set Aside.” This serves as a formal recognition of rehabilitation but does not remove the conviction from view. Anyone who accesses the court file or criminal record will still see the original conviction, along with the notation that it was set aside.

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Record Sealing: Hidden from Public View

Record Sealing, under A.R.S. § 13-911, offers a different result. Once granted, the entire case file is hidden from public access. Most private employers and landlords who run background checks will not see the record at all. The file still exists, but it is sealed from public view and can only be accessed by courts, law enforcement, and certain agencies with legal authority.

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Legal Eligibility and Timing Requirements

Eligibility for each remedy depends on both the nature of the offense and how much time has passed since the sentence was completed.

Set Aside Eligibility

To qualify for a Set Aside, the person must have completed all terms of their sentence, including probation or prison time, and paid all court-ordered fines and fees. There is no required waiting period after sentence completion. Once everything has been satisfied, a petition may be filed immediately. However, not all offenses are eligible. Cases involving serious injury, sex crimes, dangerous offenses, and crimes against children are typically excluded.

Record Sealing Eligibility

Record Sealing has stricter timing requirements. In addition to completing all sentence terms and financial obligations, the person must wait a specific amount of time before becoming eligible to apply.

Waiting Periods After Sentence Completion

• 2 or 3 years for misdemeanors
• 5 years for Class 4, 5, or 6 felonies
• 10 years for Class 2 or 3 felonies

These waiting periods begin after all terms of the sentence have been completed. While payment of fines is still required, the time spent paying those fines no longer counts toward eligibility. Additionally, recent updates to the law clarify that each case is evaluated on its own timeline. A more recent offense no longer delays sealing eligibility for older cases.

Employment and Housing Considerations

For many individuals, the effect of Set Aside versus Sealing is most noticeable when applying for jobs or housing. A Set Aside shows rehabilitation but does not hide the record. Employers or landlords who conduct background checks will still see the conviction, even if it is noted as dismissed. In some situations, the applicant may still be asked about the conviction and must answer truthfully.

Sealing provides stronger protection. If a record is sealed, most private employers and housing providers will not see any record of the offense. In most cases, the individual is legally allowed to answer “no” when asked if they have ever been convicted or arrested for that sealed offense. Exceptions apply to certain professions and licensing processes, including education, healthcare, law enforcement, and roles requiring a Fingerprint Clearance Card. Still, for the majority of employment and rental situations, sealing offers substantial relief.

Civil Rights and Firearm Restoration

Set Aside is also a key tool for restoring civil rights. For felony convictions that are not classified as serious offenses under A.R.S. § 13-706, a Set Aside can restore the right to possess a firearm. In many cases, it is the required legal step to restore those rights. Civil rights such as voting and serving on a jury are often automatically restored for first-time felony convictions once the sentence is complete. If they are not, the Set Aside petition can request those rights be restored.

Record Sealing does not restore civil or firearm rights. Even after a record is sealed, the conviction still exists in the legal system and remains accessible to certain government agencies. A separate petition for rights restoration is necessary if those rights were lost as a result of the conviction.

Future Legal Use of a Sealed or Set Aside Conviction

Neither remedy eliminates the record for all legal purposes. The State of Arizona retains the ability to use a past conviction in future criminal proceedings. Whether a record has been set aside or sealed, it may still be used to enhance sentencing or to establish elements of a new charge if the individual is prosecuted again. Courts and prosecutors can access sealed records as needed for legal purposes.

This reality underscores the fact that Arizona does not offer complete expungement for most offenses. Although both remedies offer strong benefits for moving forward in society, they do not erase the conviction from the justice system’s internal records.

Should You Pursue Both Remedies?

For many individuals, pursuing both a Set Aside and Record Sealing is the most comprehensive strategy. Filing for a Set Aside as soon as the sentence is complete provides formal recognition of rehabilitation and may help restore civil and firearm rights. Later, once the applicable waiting period for Record Sealing has passed, a person can petition to have the file sealed, gaining a high level of privacy.

This approach offers the best possible outcome under Arizona law. The conviction is both dismissed and hidden from public view, maximizing opportunities for employment, housing, and personal advancement.

Conclusion

Arizona law now provides two meaningful remedies for those seeking relief from the lasting impact of a criminal conviction. The Set Aside remains a critical step toward rights restoration and public recognition of rehabilitation. Record Sealing, with its greater emphasis on privacy, offers lasting protection from public scrutiny once eligibility is met.

Understanding which path to take, and when to pursue it, can make a significant difference in a person’s future. Both remedies serve unique purposes and, when used together, can provide the most effective legal relief currently available in Arizona.

Zachary Divelbiss, Lawyer
Future First Criminal Law