Applying to have a criminal record removed in Arizona—whether through a set aside or sealing—can be life-changing. But if the process isn’t handled correctly, it often leads to delays or denials. Many people come to us after an application has been rejected due to complex but avoidable mistakes. Understanding how Arizona law works and how judges evaluate these requests can make a major difference.
Here are the top five mistakes we commonly see—and how to avoid them.
1. Applying Before You’re Eligible
One of the most frequent missteps is applying before meeting all legal requirements. Each type of relief has its own criteria:
- Set Asides (A.R.S. § 13-905): You must complete all terms of your sentence, including probation, incarceration, and restitution payments. The court won’t consider your request until all obligations are resolved.
- Sealing Records (A.R.S. § 13-911): In addition to completing your sentence, you must wait a required period—ranging from 2 to 10 years depending on the offense. Some arrests that didn’t result in charges may be eligible for sealing right away, but convictions require that sufficient time has passed.
Applying too soon can lead to a quick denial—and potentially hurt your chances later. It’s critical to confirm eligibility before filing. The tricky part is knowing which punishments need to be completed first and which ones can wait in order to trigger the eligibility waiting period. It is also tricky that some punishments overlap, such as interlock requirements for DUIs and MVD, but only the Court punishment is important, not the MVD-only requirements.
2. Not Including Required Documentation
Courts expect documentation that proves you’ve fulfilled all sentence terms and remain eligible for relief. Missing paperwork is a common reason for rejection.
Important documents often include:
- Court minute entries showing the case is closed
- Confirmation of completed probation or parole
- Records of restitution payments
- Evidence of rehabilitation, such as employment or counseling
Even if you’re eligible, the court can’t grant relief without supporting materials. This is a common mistake because it seems practical and logical that the Judge would already have your whole prior case file but that is not always true. Typically, the Judge only has what you provide to them and if you do not have enough proof or prior court documents, then they will deny your application.
3. Underestimating the Judge’s Discretion
Arizona law gives judges broad discretion in these matters. Being legally eligible doesn’t guarantee your application will be granted. Judges evaluate:
- Your compliance with sentence terms
- Time elapsed since conviction
- Restitution status
- Additional criminal history
- Victim input, when applicable
A generic application that simply checks boxes is unlikely to succeed. Personalized petitions that show growth, accountability, and positive community involvement tend to have better outcomes.
4. Requesting the Wrong Type of Relief
Arizona offers more than one type of record relief, and they work differently:
- A set aside (A.R.S. § 13-905) does not erase the conviction but does release certain penalties and disabilities. It may also come with a Certificate of Second Chance, which can support employment or housing access.
- Sealing a record (A.R.S. § 13-911) removes it from public view, but has stricter rules and longer waiting periods.
Using the wrong process or applying for something you’re not eligible for is a common and costly mistake. Certain offenses—like dangerous crimes, some sexual offenses, or those involving victims under 15—may be ineligible for both types of relief under Arizona law. It is common that most people thing if they completed one of the applications, that everything is covered but it is not. It is best to apply for everything you are eligible for and is part of why hiring a lawyer to do this for you is best so you get it right the first time.
5. Treating It Like a One-Size-Fits-All Process
Record removal is not automatic or standardized. Every case is different. Courts expect you to explain why relief is warranted based on your history, behavior, and rehabilitation.
Many people file generic forms with minimal information, expecting approval. But the burden is on the applicant to demonstrate positive change. A well-prepared, individualized petition often makes all the difference.
Applying for record relief can be a turning point but it requires careful preparation. Avoiding these common mistakes can save you time and frustration.
If you’re uncertain about your eligibility, documentation, or how to present your case effectively, a conversation with a qualified attorney can make the process much smoother. At Future First Criminal Law, we’ve helped many clients take this important step—and we understand what it takes to succeed.
Zachary Divelbiss, Lawyer
Future First Criminal Law
Future First Criminal Law
