Common Misconceptions About Expungement Unveiled in Arizona
Expungement is often portrayed as a magic wand that instantly wipes away any trace of a criminal record. In Arizona, however, the reality is more nuanced. Arizona does not offer traditional expungement for criminal convictions. Instead, relief typically comes through legal remedies such as a set aside, record sealing under A.R.S. § 13-911, or propositions like 207 for specific marijuana-related offenses. As a criminal defense attorney in Arizona, I frequently see clients misled by myths and outdated information. This article aims to clarify what Arizona law actually allows, dispel misconceptions, and provide clear, practical insights.
Let’s dive into the real challenges and truths behind post-conviction relief in Arizona.
Key Takeaways
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Arizona does not provide traditional expungement; relief is granted through set asides, record sealing, or marijuana-specific expungement under Prop 207.
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A set aside does not erase a conviction but marks it as dismissed after fulfilling all terms of sentencing.
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Record sealing is only available for certain offenses and requires a petition under specific eligibility conditions.
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Not all convictions are eligible for set aside or sealing; violent, dangerous, and sexual offenses are often excluded.
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Legal action is required—there is no automatic removal of convictions in Arizona.
The Myth of Automatic Record Clearing After Time Passes
Records Remain Unless You Act
In Arizona, criminal records remain unless a person takes legal action. Merely waiting does nothing. Arrests, charges, and convictions can appear on background checks indefinitely unless the individual petitions for relief under applicable statutes. For example, even a misdemeanor conviction will remain unless a set aside or sealing record is granted by the court.
Waiting Periods May Apply—But They’re Not Self-Executing
Some relief options, like record sealing under A.R.S. § 13-911, require a waiting period—but this is only the first eligibility hurdle. After the waiting period, the individual must still actively petition the court. No part of the process is automatic.
Misunderstanding What Arizona’s Set Aside Truly Achieves
Set Aside Does Not Erase a Conviction
Arizona’s set aside (A.R.S. § 13-905) does not remove the conviction from your record. Instead, it adds a notation that the judgment of guilt was set aside and the case is dismissed. The record still exists and is accessible in background checks, though the set aside may help with employment and housing.
Limited Sealing Available Under A.R.S. § 13-911
In 2023, Arizona introduced a process for sealing records. This allows individuals to petition the court to seal arrest, charging, and conviction records under specific conditions. However, sealing does not apply to all offenses, and the record is still accessible to law enforcement, courts, and certain agencies.
The Difference Between Set Aside, Record Sealing, and Expungement in Arizona
Set Aside (A.R.S. § 13-905) – Applies to many offenses except those involving serious harm or sexual violence. Marks the conviction as dismissed but does not remove the record.
Record Sealing (A.R.S. § 13-911) – A more recent legal remedy. Allows the court to seal eligible records entirely from public view. Still accessible to government agencies.
Expungement (Prop 207) – Only applies to marijuana-related offenses. If the offense involved possession, use, or paraphernalia under specific limits, it may be fully expunged.
False Beliefs About Eligibility for Relief
Not All Offenses Qualify
Many people assume all crimes are eligible for relief. In Arizona, serious violent felonies, crimes involving minors, sexual offenses, and other high-risk crimes are typically excluded from both set asides and record sealing.
Dismissed Cases and Acquittals Still Require Action
Even if charges are dismissed or the defendant is acquitted, a court record may still exist. To remove or seal the record, the individual must petition under A.R.S. § 13-911. It will not disappear on its own.
Multiple Convictions Complicate Eligibility
Prior convictions—particularly involving different cases—can affect a person’s ability to obtain a set aside or have their record sealed. The court considers patterns of behavior and rehabilitation when reviewing petitions.
Common Errors About the Process in Arizona
It’s Not Quick or Guaranteed
Petitioning for a set aside or sealing in Arizona requires forms, affidavits, filing fees, and sometimes hearings. It is not a rubber-stamp process. The courts weigh public safety, time since completion of sentence, and the applicant’s conduct.
All Relevant Agencies Must Be Notified
When record sealing is approved, the court will issue orders to various agencies, but it’s the petitioner’s responsibility to confirm compliance. Gaps in communication can lead to incomplete updates on background check databases.
Fees and Documentation Still Apply
Arizona requires applicants to pay court fees to obtain records. For record sealing, accurate documentation is essential. Mistakes can delay or prevent relief.
Post-Relief Misconceptions in Arizona
Relief Doesn’t Mean Records Are Gone for Everyone
Even after sealing or setting aside a record, government agencies can still access the record for law enforcement, licensing, and judicial purposes. This applies especially for firearm rights, fingerprint clearance cards, and certain jobs.
Set Asides and Sealing Don’t Restore Civil Rights Automatically
If your rights—like voting or firearm ownership—were lost due to a felony, they are supposed to be automatically restored by a set aside. If not, you must file a separate application for restoration of civil rights (A.R.S. § 13-906 or A.R.S. § 13-907).
Federal Background Checks May Still Reveal Sealed Records
Sealed Arizona records may still appear in federal databases used for sensitive background checks (e.g., TSA, immigration, security clearance). Relief under state law may not carry over federally.
Final Thoughts
Arizona offers important but limited post-conviction relief options, and understanding their scope is essential. The myths surrounding expungement can lead to dangerous assumptions. In Arizona, there is no universal expungement—only relief through set asides, record sealing, or marijuana expungement under Prop 207. Each remedy comes with specific eligibility rules, procedural requirements, and limitations.
If you’re considering petitioning for relief, speak to a qualified Arizona criminal defense attorney. They can help you determine the right path, prepare the necessary documentation, and guide you through each step with realistic expectations.
Frequently Asked Questions
Q: Can I get an expungement in Arizona?
A: Arizona only offers expungement for certain marijuana offenses under Prop 207. Other convictions can be addressed through set asides or record sealing.
Q: What does a set aside do in Arizona?
A: A set aside marks your conviction as dismissed but does not remove it from your record. It may help with employment, housing, etc.
Q: What is record sealing under A.R.S. § 13-911?
A: It allows certain criminal records to be sealed from public view, but they remain accessible to law enforcement and some other agencies.
Q: Do I need a lawyer for this?
A: It’s not required, but given the complexities of eligibility, documentation, and hearings, legal representation is strongly recommended. For example, if your sealing records is denied you will have to wait an additional 3 years so it is recommended to hire and do it right the first time.
Q: Will a set aside or sealing restore my civil rights?
A: Yes. Unless the judge grants your set aside but specifically denies restoring your civil rights, which does happen. If that happens, you will require a separate petition under A.R.S. § 13-906 or § 13-907.
