In Arizona, a past arrest or conviction can feel like a permanent obstacle, one that follows a person long after they’ve completed their sentence. Whether it’s applying for a job, renting an apartment, or seeking a professional license, a criminal record can create real barriers to building a stable and successful future. Fortunately, Arizona law offers two powerful legal tools to help individuals clear their name and regain control: setting aside a conviction and sealing a record. These remedies are separate but often related and each plays an important role, especially for those hoping to qualify for a fingerprint clearance card. Understanding the difference between these two options is the first step toward relief.
Understanding a Set Aside Under A.R.S. § 13-905
A set aside in Arizona is a post-conviction remedy that allows a person to ask the court to “set aside” their judgment of guilt after they have completed all the terms of their sentence. This includes any jail or prison time, probation, community service, and the full payment of court fines and restitution. The legal effect of a set aside is that the conviction remains on the person’s record, but the court formally acknowledges that the individual satisfied their sentence and is released from all penalties and disabilities associated with the offense.
Not everyone qualifies. A set aside is only available for criminal convictions, meaning the person pled guilty or was found guilty at trial. It does not apply to dismissed charges, civil violations, or cases resolved through diversion programs. Certain crimes, such as serious violent offenses, sex crimes, and crimes involving serious injury or the use of a weapon, are typically ineligible. However, for many non-violent offenses, especially those committed without aggravating circumstances, a set aside can offer meaningful relief.
Once a conviction is set aside, it signals to potential employers, landlords, and others that the individual took accountability and successfully completed their sentence. That record still exists, but the court has formally recognized the person’s rehabilitation. It also restores civil rights, including the right to vote and serve on a jury, and can help with restoring firearm rights. One major advantage is that a set aside can improve the chances of getting a future petition to seal a record approved, as it shows the court the person has already taken steps toward rehabilitation.
What Sealing a Record Means Under A.R.S. § 13-911
Sealing a record goes further than setting aside a conviction. While a set aside changes the legal status of a conviction, sealing a record makes it inaccessible to the public. Once a record is sealed, it is as if the arrest, charge, or conviction never occurred. Employers, landlords, background check companies, and the general public cannot view sealed records through government databases.
Arizona allows individuals to seal not just convictions, but also arrests that never led to charges and cases that were dismissed, including those resolved through diversion programs. The eligibility timelines depend on the level of offense. Misdemeanor cases typically require a waiting period of two to three years after the sentence is completed. Felony cases require five to ten years, depending on the class of felony and whether it is considered a “historical” felony. The clock starts only after every part of the sentence, excluding fines, has been completed. For those who served time in the Department of Corrections, the countdown begins after the date of absolute discharge, not the date of release.
There are exceptions. Cases that involved violence, serious injury, weapons, sex offenses, or victims under the age of 15 may not be eligible. Judges also have significant discretion, meaning even eligible applicants must persuade the court that sealing is in the best interest of the individual and does not pose a risk to public safety.
Fingerprint Clearance Cards and Criminal Record Relief
For many people seeking work in healthcare, education, transportation, or government, a fingerprint clearance card is a requirement. These cards are issued by the Arizona Department of Public Safety (DPS) and are used to determine whether someone can be trusted in sensitive roles, especially those involving vulnerable populations. However, not every person with a criminal record is disqualified and record relief can make a difference.
A common misconception is that a set aside will automatically allow someone to qualify for a fingerprint clearance card. In reality, a set aside alone does not remove a disqualifying offense from a background check for clearance card purposes. DPS is required to update criminal records to reflect the set aside, but the underlying conviction still appears and can still be disqualifying under state law. This means that for fingerprint clearance, the impact of a set aside is often limited.
Sealing a record offers more potential when it comes to fingerprint clearance, though it still isn’t a guaranteed solution. Once a record is sealed, it’s removed from public databases, and most employers and agencies can no longer access it. However, certain state entities, including DPS, DCS (Department of Child Safety), and law enforcement, retain access to sealed records for employment and licensing decisions. Additionally, if the original offense is listed as a “precluded offense” under Arizona’s fingerprint clearance laws, sealing the record may not change the outcome.
There are also special rules for disclosure. Even after sealing, a person must still disclose the prior record if applying for certain jobs, such as working with children, handling sensitive financial information, or applying to law enforcement or prosecutor offices based on the type of crime you were convicted of. So while sealing can improve the chances of approval, the safest course of action is often to review the specific offense in relation to the clearance rules.
Sealing as Legal Mitigation for Fingerprint Clearance Cards
A recent change in Arizona law now allows a sealed record to count as “mitigation” when applying for a fingerprint clearance card. This is an important development for anyone with a disqualifying offense on their record.
Under this update, if a court approves your petition to seal a case, that sealed status can be submitted as part of your fingerprint clearance card application to show that you’ve taken responsibility and successfully pursued legal relief. The Arizona Department of Public Safety (DPS) may still see the record, but the fact that it has been sealed tells the agency that a judge reviewed the circumstances and found it appropriate to restrict public access.
This judicial recognition can make a significant difference. While sealing doesn’t guarantee approval, it strengthens your position by showing formal rehabilitation—something the law now requires DPS to consider. In effect, a sealed record shifts the conversation from automatic disqualification to a case-by-case evaluation, where your efforts to move forward carry real legal weight.
This added benefit makes sealing even more valuable for people in professions that require a fingerprint clearance card. If you’ve already completed your sentence and meet the eligibility timelines, pursuing sealing could not only protect your privacy but also give you a second chance at qualifying for meaningful employment opportunities.
Why Sealing and Set Aside Are Both Important
In many cases, a person may benefit from both a set aside and a petition to seal. A set aside can serve as the first indication to the court that someone has made efforts to move on from their conviction. It also comes with immediate benefits like civil rights restoration and can help with housing and employment applications. Sealing, however, goes a step further by closing off public access to the record entirely, shielding it from most background checks and removing the legal requirement to disclose it with some exceptions.
Both tools reflect a larger shift in Arizona law toward giving people a second chance. By formally recognizing rehabilitation, these remedies support individuals who have already paid their debt to society and are ready to move forward. They also help reduce recidivism, strengthen communities, and restore dignity and hope to thousands of Arizonans.
What Happens After Sealing or Set Aside?
Once a petition to seal is granted, there can still be a short delay before the record is fully sealed in all systems. This is because court staff must complete additional steps like canceling court-ordered obligations and updating records with DPS. Typically, this process takes around two weeks or more. During that time, the case remains temporarily unsealed while administrative actions are completed. This is a normal part of the sealing process and does not mean the case will remain public.
For both sealing and set aside, having accurate case information is critical. Individuals should be prepared to provide details like the arresting agency, city, court, and date of offense. If this information isn’t available, a fingerprint-based background check with DPS can help locate the necessary data before filing. Taking the time to ensure accuracy upfront can make the process smoother and more successful.
Moving Forward with Confidence
Dealing with a criminal record is never easy, but Arizona law provides meaningful relief for people who have taken responsibility and moved forward with their lives. Whether through setting aside a conviction or sealing a record completely, the legal system now recognizes that the past should not define the future. These remedies are tools, not guarantees, and each requires careful planning and a compelling case.
For those with questions about eligibility, timelines, or how a specific offense may impact a fingerprint clearance card, the best step is to talk with an experienced legal professional. The path to record relief may take time, but it’s a path worth taking.
Zachary Divelbiss, Lawyer
Future First Criminal Law
