Can You Seal or Set Aside Domestic Violence Charges in Arizona?

Domestic violence charges in Arizona carry long-lasting consequences, affecting everything from employment and housing opportunities to firearm rights and professional licensing. Many individuals with a domestic violence conviction on their record want to know whether there’s a way to move forward, whether through sealing the record or setting aside the conviction. Arizona law allows for both, depending on the specifics of the case. These legal tools offer important relief, but understanding their differences, limitations, and eligibility requirements is critical before taking action.

What Qualifies as a Domestic Violence Charge in Arizona?

Arizona law does not treat domestic violence as a standalone criminal offense. Instead, it is a designation that can apply to a variety of crimes, including assault, harassment, criminal damage, disorderly conduct, threatening or intimidating, and others. Under A.R.S. § 13-3601, a charge is classified as domestic violence based on the relationship between the defendant and the alleged victim. This includes current or former spouses, romantic partners, people who share a child, household members, and certain other familial or intimate relationships. The domestic violence label adds specific legal consequences and can enhance sentencing, even for misdemeanor charges.

Can a Domestic Violence Conviction Be Set Aside?

Under A.R.S. § 13-905, Arizona allows people convicted of a crime to petition the court to set aside their conviction once all sentence requirements are completed. A successful set aside means the court has dismissed the judgment of guilt and released the person from many of the penalties and disabilities associated with the conviction. However, the conviction itself is not erased, it remains on the record, though marked as “set aside” until the case is sealed.

To be eligible for a set aside, the individual must have completed all terms of their sentence, including probation, restitution, community service, counseling, and payment of all fines and fees. The court evaluates several factors in deciding whether to grant the request. These include the nature of the original offense, the person’s compliance with sentencing terms, any prior or subsequent convictions, restitution efforts, the time that has passed since sentence completion, and other relevant considerations.

Domestic violence convictions are generally eligible for set aside unless the underlying offense falls into one of the ineligible categories outlined by law, such as certain dangerous crimes or offenses involving serious physical injury or victims under the age of 15.

If a set aside is granted, the court may also issue a Certificate of Second Chance. This certificate can help with employment, housing, and licensing opportunities by providing protections against discrimination for people with set aside convictions.

A granted set aside will also restore firearm rights for Arizona unless the judge specifically keeps you listed as a prohibited possessor. Keep in mind, the conviction is still part of the public record and may appear in background checks until the case is sealed.

If you’re looking to set aside a domestic violence conviction and want guidance through the process, we offer comprehensive representation tailored to your case. Contact our team to review your eligibility, prepare your petition, and advocate for the best outcome possible.

Can a Domestic Violence Conviction Be Sealed?

As of January 1, 2023, Arizona law under A.R.S. § 13-911 allows certain criminal records to be sealed, including some domestic violence-related convictions. Sealing a record goes further than a set aside but both are recommended. When a record is sealed, it is no longer accessible to the general public. This can dramatically improve a person’s ability to pass background checks for jobs, housing, and licensing.

To qualify for sealing, a person must have completed all sentence requirements and waited a certain period of time depending on the classification of the offense. For Class 2 or 3 felonies, the waiting period is ten years; for Class 4, 5, or 6 felonies, it is five years; and for Class 1 misdemeanors, three years. Lesser misdemeanors require a two-year wait. These periods begin after all aspects of the sentence—including probation—have been completed. All financial requirements such as fines, fees and restitution must be complete before you apply or else you will be denied.

Not all domestic violence convictions are eligible for sealing. Offenses involving serious physical injury, deadly weapons, or minors under the age of 15 are excluded. However, if the offense qualifies and the person has remained crime-free for the required period, they may petition the court to seal the record. If granted, the court will order that all law enforcement and court records be sealed and removed from public access. The individual is then legally permitted to state in most situations that they have never been arrested, charged, or convicted.

It’s important to note that sealing does not remove any prior publicity about the case. If the incident was covered in media or previously posted online, sealing the court record will not remove that information from the internet. Additionally, sealing does not apply to Department of Transportation records, which means the Arizona Motor Vehicle Division may still retain certain information for internal use like suspending your drivers license.

If you’re ready to seal a qualifying domestic violence record and want to understand your options, reach out to our office. We’re here to help you determine eligibility and take the next steps toward protecting your future.

The Petition Process for Each Option

While both set asides and sealing involve filing a petition with the court, the process differs slightly between the two. For a set aside, the petition must be filed in the court where the conviction occurred. There is no filing fee, and the petitioner must demonstrate that all sentence requirements have been satisfied. The court is required to consider a number of statutory factors, and the victim has the right to be notified and respond. There is commonly an in-person court hearing where the prosecutor will argue to deny your application. You do not get a public defender for this so you must hire a lawyer or represent yourself.

Sealing a record also requires filing a petition, but this must be done in the court where the initial appearance took place for the charge. The petitioner must wait the appropriate number of years after sentence completion and may be required to attend a hearing if the court deems it necessary or if the prosecutor or victim objects. There is commonly an in-person court hearing where the prosecutor will argue to deny your application. You do not get a public defender for this so you must hire a lawyer or represent yourself. If the court grants the petition, it will issue an order sealing the records, and the person may move forward without having to disclose the conviction in most contexts.

Why It Matters for Domestic Violence Charges

Domestic violence charges come with long-term consequences. A conviction—even for a misdemeanor—can interfere with employment, housing, professional licensing, and immigration status. In many cases, it also leads to the loss of firearm rights. The ability to set aside or seal such a conviction can have a profound impact on someone’s ability to rebuild their life.

A set aside can help restore civil rights and show that a person has successfully completed all legal obligations and moved forward. While it does not erase the conviction, it can be a strong tool for demonstrating rehabilitation. Sealing, when available, offers even greater benefits by removing the record from public view entirely. Both remedies have strict eligibility requirements, and the judge retains discretion to deny a petition based on the circumstances of the case.

Each situation is unique. Whether someone is eligible for a set aside, sealing, or both depends on the type of offense, the person’s criminal history, how much time has passed, and whether all sentencing conditions have been fulfilled. These laws offer meaningful second chances, but navigating them effectively requires attention to detail and a clear understanding of what the court will consider.

Zachary Divelbiss, Lawyer
Future First Criminal Law