How Long Does a Felony Stay on Your Record?

A felony will stay on your record forever, unless you apply to remove it. A felony conviction can cast a long shadow. In Arizona, the lasting impact of a felony on your record can affect everything from employment and housing to your ability to vote or possess a firearm. One of the most common concerns individuals have after serving their sentence is understanding how long that felony will remain visible on a background check and what legal remedies may be available.

Understanding how felony records work in Arizona is the first step toward moving forward with your life. Whether you’re restoring firearm rights, seeking employment, professional licensing, or simply peace of mind, it’s essential to know your rights and the options that may exist to clear your criminal history.

Felony Convictions in Arizona Are Permanent by Default

In Arizona, felony convictions stay on your criminal record forever and do not disappear with time. Unlike some states that offer automatic expungement or automatic record sealing after a certain period, Arizona maintains a permanent criminal record for individuals convicted of felonies unless you apply to remove your criminal record.

Even after probation is completed or a prison sentence is served, that felony remains visible on both state and federal background checks unless the court grants record removal applications. This permanence can result in long-term obstacles, regardless of how much a person has changed or how much time has passed.

Arizona Does Not Offer Traditional Record Expungement For All Crimes

Arizona is different from many other states in that it does not provide a full expungement option for all felony convictions, only certain marijuana offenses. While you may hear the terms “expungement,” “sealing,” “set aside,” or “clearing” used interchangeably, they have distinct meanings under Arizona law.

Arizona does offer a form of relief known as “set aside,” which is not the same as expungement. A set aside is a legal process where the court vacates a judgment of guilt after successful completion of sentencing and can restore your firearm rights. However, the record of the felony remains accessible to the public and may still appear in background checks. “Sealing Records” is the best option to seal your past felony record from the public but it does not remove the conviction or restore your firearm rights. For many, this leaves them in a confusing legal gray area and is why a law firm like Future First Criminal Law should be hired to do this for you.

Recent Changes to Arizona Law Allow Some Felony Record Sealing

Thanks to legislative reforms, Arizona has introduced a path to sealing certain criminal records. Effective January 1, 2023, individuals may petition to seal their criminal records under A.R.S. § 13-911. This law permits eligible individuals to request the court seal records of arrests, charges, or convictions.

This is a significant step forward. Sealing a felony record in Arizona does more than a set aside; it removes the record from public access and shields it from most standard background checks. However, the process isn’t automatic, and not all felonies qualify.

Here’s what you need to know about felony record sealing in Arizona:

• Waiting Periods 5-10 Years Apply: The amount of time you must wait before petitioning to seal a felony record depends on the class of the felony and whether you have completed all terms of your sentence, including probation, restitution, and any other court-ordered obligations.
• Eligibility Varies by Offense: Not every felony is eligible for sealing. Crimes involving violent, dangerous, serious, sexual offenses, or crimes against children are generally excluded.
• You Must Petition the Court: Sealing is not granted automatically. You must file a formal petition with the court and demonstrate that you have met the legal requirements.
• Prosecutors Can Object: During the process, the prosecutor may file an objection, and a hearing may be scheduled where both sides can present arguments.
• Relief Is Discretionary: Ultimately, the judge has the discretion to approve or deny your petition. Showing rehabilitation and community reintegration can strengthen your case.

Legal Relief Beyond Sealing: Set Asides and Rights Restoration

While sealing may provide the most privacy, other forms of relief can also help individuals move forward after a felony conviction. A set aside, while it does not erase the record, adds a note to your criminal record that the conviction has been “set aside”, which can be helpful when applying for jobs or housing.

In addition, individuals with certain felony convictions may also petition the court with a Set Aside to restore their civil rights, including the right to vote or possess a firearm. These forms of Arizona criminal record relief don’t eliminate the felony but may help restore your standing in other important areas of life.

The Importance of Legal Guidance

Arizona’s laws surrounding criminal record relief are nuanced and constantly evolving. Determining whether your felony can be sealed, set aside, expunged or otherwise addressed depends on several factors: the type of crime, the nature of the conviction, your criminal history, your compliance with sentencing terms, and the specific relief you’re seeking.

Working with a legal team experienced in Arizona criminal record relief gives you the best chance of navigating the process successfully. The courts consider not only your legal eligibility but also your demonstrated rehabilitation, community involvement, and time since the offense. A knowledgeable attorney can help frame your petition effectively and respond to objections from prosecutors, if they arise.

Moving Forward After a Felony

A felony conviction doesn’t have to define your future. Arizona now offers meaningful opportunities to reduce the long-term impact of a criminal record through record sealing, set aside orders, and civil rights restoration. While the road to relief isn’t always easy, it’s a path worth pursuing.

For individuals ready to take that step, understanding the difference between sealing and set aside, knowing the waiting periods, and preparing a strong petition can make all the difference. Your future is not just defined by your past—it’s shaped by the actions you take next.

Zachary Divelbiss, Lawyer

Future First Criminal Law