What Crimes Cannot be Expunged, Set Aside or Sealed in Arizona?

Understanding what types of criminal records can be removed or hidden in Arizona is crucial for anyone seeking a fresh start. Arizona law provides options for criminal record relief, but it’s not a blanket expungement system like in some other states. Instead, Arizona uses procedures like record sealing and set asides, each with its own eligibility requirements and limitations. Unfortunately, not all crimes are eligible for expungement or sealing. Here’s what you need to know if you’re trying to clear your record.

Arizona Set Aside vs. Record Sealing: What’s the Difference?

Before diving into the crimes that are not eligible for set aside or sealing, it’s important to understand that Arizona does not have a traditional expungement statute that fully erases a criminal convictions from existence, other than certain marijuana offenses. Instead, Arizona law offers two main pathways to mitigate the impact of a criminal record:

1. Set Aside (A.R.S. § 13-905) – This allows certain convictions to be “set aside” after the person completes all sentence requirements. The conviction still exists on the record, but the judgment of guilt is vacated and a note is added stating the case has been set aside.
2. Record Sealing (A.R.S. § 13-911) – This permanently seals eligible criminal records from public view, meaning they no longer appear on most background checks. Unlike a set aside, sealing applies to more than just convictions—it can include dismissed charges and arrests that didn’t result in a conviction.

Despite these options, some offenses remain ineligible for either process.

Crimes Not Eligible for Set Aside or Sealing in Arizona

Arizona law is clear about which offenses cannot be sealed or set aside. These exceptions are generally tied to the seriousness of the crime, the involvement of victims, or public safety concerns. The following crimes are not eligible for record sealing under A.R.S. § 13-911:

• Class 1 felonies (the most serious category under Arizona law, like murder)
• “Dangerous” offenses under 13-704 (any crimes with the use of a deadly weapon)
• “Violent” felonies under ARS 13-706
• “Serious” felonies under ARS 13-705
• Offenses involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument
• Sex crimes (including offenses that require registration as a sex offender)
• Crimes involving a victim under the age of 15
• “Serious Injury” cases
• Civil cases such as Civil Speeding, Order of Protections/Injunctions Against Harassment, divorce decrees, etc.

In addition, set asides under A.R.S. § 13-905 are not available for:

• Class 1 felonies (the most serious category under Arizona law, like murder)
• “Dangerous” offenses under 13-704 (any crimes with the use of a deadly weapon)
• “Violent” felonies under ARS 13-706
• “Serious” felonies under ARS 13-705
• Sex crimes (including offenses that require registration as a sex offender)
• Crimes involving a victim under the age of 15
• “Serious Injury” cases
• Civil cases such as Civil Speeding, Order of Protections/Injunctions Against Harassment, divorce decrees, etc.
• Dismissed cases or acquitted at trial (use Sealing Records)

(While it looks like the list of excluded offense is the same, the law has subtle differences that must be discussed with the law firm. Google has restrictions on specifically listing certian crimes and will remove the website if we do.)

Why Are Some Crimes Excluded?

Arizona lawmakers have carved out these exclusions to protect public safety and preserve judicial accountability. Crimes that involve violence, vulnerable victims, or sexual misconduct are seen as too serious to be hidden from public view, even if the offender has completed their sentence.

Additionally, because Arizona’s system is not a full expungement system but rather a modification or sealing of records, certain convictions retain legal weight even if set aside. This includes potential use in future sentencing or charging decisions.

What Are Your Options If Your Crime Isn’t Eligible?

Although some crimes are ineligible for expungement or sealing, other forms of post-conviction relief may still be available depending on your case. These include:

• Post-Conviction Relief Petitions (PCRs): Depending on the nature of your case, you might qualify to file for PCR under Arizona’s rules. These are complex legal filings that challenge the validity of a conviction or sentence based on new evidence, legal errors, or ineffective counsel. Typically you have 90 days after the last court date to apply.
• Appeals or Clemency: In rare cases, pursuing an appeal or applying for a pardon through the Arizona Board of Executive Clemency may be viable.
• Restoration of Rights: Even if expungement or sealing isn’t available, you may still qualify to have your civil rights or firearm rights restored under Arizona law.

Final Thoughts

Arizona’s criminal record relief laws offer meaningful opportunities for many people, but they also draw firm boundaries around which crimes are considered too severe for set aside and sealing-like remedies. If you’re dealing with a conviction that falls into one of the excluded categories, it’s important not to give up hope—there may still be legal strategies available to reduce its impact on your life.

Navigating Arizona’s criminal relief system can be overwhelming, especially when eligibility hinges on the specific details of your case. Speaking with an experienced attorney can help determine your best path forward, even if expungement isn’t an option.

Zachary Divelbiss, Lawyer

Future First Criminal Law