Understanding the difference between a set aside, expungement, and record sealing is essential for anyone looking to move forward from a past conviction in Arizona. Each of these options offers different forms of legal relief, and knowing which applies can help determine the most effective path toward clearing a criminal record.
Set Aside: Arizona’s Longstanding Post-Conviction Remedy
In Arizona, the set aside process under A.R.S. § 13-905 allows individuals who have completed all terms of their sentence—such as probation, parole, incarceration, and restitution—to ask the court to vacate the judgment of guilt and dismiss the conviction. The record is not destroyed or hidden, but is updated to reflect that the conviction has been set aside.
A successful set aside can restore certain civil rights, firearm rights, and remove barriers related to employment, professional licenses, and housing. However, the case remains publicly accessible and may still appear in a background check. This relief can be especially important for individuals seeking to regain occupational licensing or those affected by ban the box hiring laws.
Set aside is not available for all offenses. Exclusions include crimes involving serious physical injury, the use of a deadly weapon, sex offenses, and some others. Cases involving domestic violence may be considered, but approval is not guaranteed and depends on the circumstances.
Record Sealing: A New Option for Privacy and Fresh Starts
As of January 1, 2023, Arizona residents can now pursue Sealing Records under A.R.S. § 13-911. This option allows eligible individuals to petition the superior court to seal all records related to an arrest, conviction, or dismissed charge, provided they’ve met all sentencing requirements and satisfied the applicable waiting period.
Unlike a set aside, a sealed record is no longer visible to the public, including private employers, landlords, and most non-governmental background checks. However, sealed records can still be accessed by law enforcement, prosecutors, and may be unsealed by court order.
Eligibility depends on the type of crime and the amount of time that has passed since completing all sentence conditions. For instance:
- Class 2 and 3 felonies require a 10-year waiting period
- Class 4, 5 and 6 felonies require a 5-year waiting period
- Misdemeanors generally require a 3-year waiting period
- Arrest-only and dismissed cases have 0-year waiting period
This option provides meaningful privacy, especially for those affected by criminal procedure issues tied to background checks and occupational licensing barriers.
Expungement: Limited Use in Arizona, With One Exception
Arizona does not offer traditional expungement for most convictions. However, under Proposition 207, a form of expungement is now available for certain marijuana-related offenses. This is the only true expungement process currently available under Arizona law.
Individuals convicted of possessing, consuming, or transporting 2.5 ounces or less of marijuana (with no more than 12.5 grams of concentrate), or possessing six or fewer marijuana plants for personal use, may petition the court to have those records expunged. If approved, all traces of the criminal charge, including police and court records, are destroyed or sealed.
This type of expungement offers the broadest relief by effectively erasing the record, which can significantly improve outcomes related to employment, immigration, and housing applications. Those eligible are encouraged to act promptly, as expungement orders can take time and require careful filing with the court clerk in the appropriate jurisdiction.
Choosing the Right Path to Clean Up a Criminal Record
Each form of relief—set aside, record sealing, and expungement—serves a different legal purpose. Set aside acknowledges rehabilitation but leaves the record visible. Record sealing hides the record from the public but keeps it accessible to the justice system. Expungement, where available, removes the record entirely.
Knowing which option applies depends on the criminal offense, how long ago the sentence was completed, and what the individual hopes to accomplish. A consultation with a knowledgeable criminal defense lawyer can help determine the best legal strategy for restoring rights and rebuilding opportunities.
In most situations, you will ideally want to do both a Set Aside and Sealing Records at the same time if you are eligible for both. If you are eligible for an Expungement, then you do not need to do a Set Aside or Sealing Records. However, there are many situations where you will need to do all three if you were charged with various different crimes within one case or multiple cases. These options are required for each case individually as it is not possible to just remove your entire criminal record with one application, but instead, you will have to do multiple applications for each different arrest, case and/or court.
Take the First Step Toward Record Relief
Navigating the legal process to clear a criminal record can be complex, but the right relief—whether through a set aside, record sealing, or expungement—can offer meaningful progress toward restoring rights and reducing barriers. Our office is committed to providing accurate legal guidance tailored to your specific situation, backed by a thorough understanding of Arizona law and the procedural requirements of the Maricopa County court system.
To determine your eligibility and begin the process, please contact our office to schedule a consultation.
