AZ Record Sealing vs. Set Aside: Which is Better for You?

If you are researching how to clear your record, you’ve likely heard the terms “expungement,” “sealing,” and “set aside.” For a state like Arizona, understanding these three distinct legal option are the difference between true privacy and nothing happening.

This guide, brought to you by Zachary Divelbiss with the Arizona Future First criminal record law firm, is designed to clarify the nuances of the state’s post-conviction relief laws. We will focus on the crucial differences between the newer Record Sealing process and the long-standing Set Aside remedy, helping you determine which option, or combination of options, is best suited to secure your future.

Does Arizona Offer “Expungement” for All Criminal Records?

When clients first come to us, they often ask about expungement. The idea of having a conviction completely erased, as if it never happened, is immensely appealing.

Historically, Arizona does not offer this option for any conviction. Today, the law has changed, but the scope of true expungement remains extremely limited for some low-level marijuana offenses.

What is the Only True Expungement in Arizona?

Expungement in Arizona is under A.R.S. § 36-2862 and is only available for certain marijuana offenses authorized by Proposition 207 (the Smart and Safe Arizona Act), which does not include DUIs.

The power of erase

If you qualify, this process is undoubtedly the superior remedy. It results in the complete removal and destruction of the record from both court and criminal history databases.

The scope is narrow

This relief is restricted to minor possession, consumption, or cultivation offenses related to marijuana. It does not apply to any other cases such as DUIs, even if you have a marijuana DUI.

No waiting period

Unlike sealing, you can petition for expungement immediately if you meet the criteria.

For the vast majority of non-marijuana convictions, including DUI, theft, domestic violence, or serious drug charges, expungement is simply not available. For these cases, the choice shifts entirely to Sealing and Set Aside.

What is the Difference Between Sealing a Record and Setting Aside a Conviction?

For most people seeking to clear their record, the legal analysis focuses on Record Sealing (A.R.S. § 13-911) and Setting Aside a conviction (A.R.S. § 13-905). These two remedies are often confused, but they serve fundamentally different purposes regarding public access and privacy.

Get clarity on your options and protect your future. Contact us to review your case and guide your next step.

The core distinction: hiding vs. annotating

Think of the difference this way:

• Sealing is like hiding a file: The physical record still exists, but the court locks the filing cabinet, preventing public access.
• Set Aside is like adding a positive sticker to the file: The file remains visible to everyone, but the sticker tells the reader that the case was formally Set Aside by a judge after successful completion of the sentence.

While both procedures dismiss the judgment of guilt, only sealing addresses the issue of public visibility, which is often the biggest hurdle for employment, housing, etc.

Record Sealing (A.R.S. § 13-911): The Privacy Option

Record Sealing is Arizona’s newer remedy, started in 2023. It is the closest alternative to expungement for non-marijuana cases.

• Goal: To shield the record from the general public.
• Key Action: The court restricts public access to the records of arrest, charges, and conviction.
• Impact: Most employers, landlords, and members of the public using standard commercial background checks will no longer see the sealed case history. In most situations, you can legally deny the existence of the sealed conviction.

Setting Aside a Conviction (A.R.S. § 13-905): The Rehabilitation Option

The Set Aside has been the primary form of post-conviction relief in Arizona for many years. It is less about privacy and more about formal judicial recognition of a person’s rehabilitation.

• Goal: To obtain judicial release from the penalties and disabilities resulting from the conviction.
• Key Action: The judgment of guilt is vacated, and the underlying indictment is dismissed, with a formal “Set Aside” label added to the public record.
• Impact: The record remains visible to everyone, but the notation of Set Aside demonstrates to employers, lenders, and licensing boards that you have fulfilled all legal obligations and earned a judge’s dismissal of the conviction.

How Does Record Sealing Protect My Privacy from Employers and Landlords?

If your main goal is to prevent your past from showing up on private background checks used by employers, licensing boards, and landlords, Record Sealing is the best option.

The power of a sealed record lies in its ability to provide a level of privacy that Arizona law previously did not afford to most people with convictions.

Where does the record disappear?

When an Arizona court grants a petition to seal a record, the following crucial effects take place:

• Public database removal: The court system, including the county superior court, justice courts and municipal courts, and the Arizona Department of Public Safety (DPS) update their databases to restrict public access to your case file.
• Commercial background checks: Because commercial background check providers rely on accessing these public records, a successfully sealed record will, in most cases, cease to appear on standard background reports once the records are updated.
• Legal right to deny: For almost all non-governmental applications, you gain the legal ability to state that the arrest, charge, or conviction never happened.

The Requirement of Patience: Statutory Waiting Periods

The superior privacy provided by Record Sealing comes with one major constraint: a mandatory waiting period that begins only after you have completed every term of your sentence.

Required waiting periods

• Class 2 or 3 Misdemeanor: 2 years
• Class 1 Misdemeanor: 3 years
• Class 4, 5, or 6 Felony: 5 years
• Class 2 or 3 Felony: 10 years

Who Still Has Access to Sealed Records?

Sealing is not the same as expungement. A sealed record is not destroyed; it is merely very restricted. State law allows the following entities to retain access:

• Law enforcement and prosecuting agencies
• Courts, for use in subsequent proceedings
• Arizona licensing boards for professions involving children, vulnerable adults, driving, finance, and government work

For most everyday scenarios, however, the sealing order provides the protection needed to move forward confidently.

How Does a “Set Aside” Conviction Help If the Record Remains Public?

If everyone can still see the record, what’s the point of a Set Aside? The answer lies in the psychological and legal value of the dismissal notation and the potential for immediate relief.

The power of judicial dismissal

When a judge grants a Set Aside:

• Judgment is vacated: The judgment of guilt is formally vacated by the court.
• Dismissal is noted: The public record is annotated to show that the conviction has been “Set Aside”.
• Release from penalties: You are legally released from all penalties and disabilities resulting from the conviction, except for those specifically excluded by law (e.g., MVD actions). Restores Firearm Rights. Legally helpful for US Federal Government and foreign travel.

This dismissal can help employers and housing providers interpret your record more favorably.

Immediate Relief and the Certificate of Second Chance

The two biggest practical benefits of the Set Aside are:

• Immediate eligibility: You can file for a Set Aside immediately after completing all sentence requirements. No waiting period applies.
• Certificate of Second Chance (CSC): Many Set Aside orders include a CSC, which gives legal protections to employers who hire individuals with prior convictions.

Restoration of Firearm Rights

Set Aside orders can include the restoration of firearm rights for non-serious felony convictions. Serious offenses under A.R.S. § 13-706 do not qualify for automatic restoration. Record Sealing does not restore gun rights.

Which Option is Truly Better: Sealing, Set Aside, or Expungement?

There is no single best option. The right choice depends on your goals, timeline, and eligibility.

The hierarchy of relief

• Expungement: Erase. (Only for marijuana offenses)
• Record Sealing: Hide. (Offers privacy; requires waiting)
• Set Aside: Minimize. (Offers immediate relief and rehabilitation recognition)

When to choose which strategy

• Maximum privacy and legal denial: Choose Record Sealing.
• Immediate relief and job eligibility: Choose Set Aside.
• Restoration of gun rights: Choose Set Aside for eligible felony convictions.
• Marijuana offenses: Choose Expungement under Prop 207.

The “Stacking” Strategy for Maximum Benefit

The most strategic approach for many is to use both remedies in sequence:

1. File for a Set Aside immediately after completing your sentence.
2. File for Record Sealing once the required waiting period has passed.

This approach offers immediate rehabilitation recognition followed by long-term privacy.

What Crimes Are Ineligible for Record Sealing or Set Aside in Arizona?

Certain crimes are excluded:

Key statutory exclusions for both Set Aside and Sealing

• Dangerous offenses involving a deadly weapon or dangerous instrument
• Crimes where the victim was under 15
• Sexual offenses
• Offenses involving serious physical injury
• Serious violent felonies (e.g., murder, kidnapping, armed robbery, gang-related crimes, terrorism)
• Civil cases (low level speeding or traffic tickets, order of protection, divorce, etc.)

Why is Consulting an Arizona Criminal Law Attorney Necessary for These Processes?

These legal processes are technical and easy to get wrong. If your Sealing Records case is denied, you are required to wait three extra years. This means you need to take your case seriously right from the start.

1. Ensuring eligibility and compliance

• Accurately calculate waiting periods
• Verify completion of all financial and sentence requirements

2. Strategic planning (stacking strategy)

• Sequence Set Aside and Sealing effectively to maximize benefits

3. Handling objections and hearings

• Prosecutors or victims may object
• A lawyer can represent you in court and advocate for approval

Conclusion

Deciding whether it is better to expunge, set aside or seal a record in Arizona requires shifting the focus to the three remedies available: Expungement (Erase), Record Sealing (Hide), and Set Aside (Minimize).

For most people, the decision comes down to whether you need privacy (Sealing), immediate relief (Set Aside), or complete erasure of a marijuana-related offense (Expungement). All three remedies exist to help you reclaim opportunities and move on from the weight of a criminal record.

The opportunity is real, the law is on your side, and the first step is understanding your options and your case.

Zachary Divelbiss, Lawyer
Future First Criminal Law