Understand Set Aside, Seal, and Expungement in Arizona

For years, Arizona residents with criminal records had limited options for clearing their past, as the state lacked a broad traditional "expungement" process. However, recent legal changes, particularly following the passage of Proposition 207 (the Smart and Safe Arizona Act), have created distinct pathways for relief. As of April 2025, individuals seeking to move past a criminal record in Arizona should understand three key processes: Setting Aside a Conviction, Sealing Criminal Records, and the specific Expungement process for certain marijuana offenses.

1. Setting Aside a Conviction (ARS § 13-905)

This is Arizona's long-standing method for addressing many types of convictions after a sentence is fully completed.

• What it Does: Setting aside a conviction in Arizona does not erase the conviction. Instead, after you've completed all terms of your sentence (jail/prison, probation, fines, restitution), you can petition the court. If granted, the court vacates the judgment of guilt and dismisses the original charges. A note is added to your record indicating the conviction was "set aside and dismissed."

  • Eligibility: Applicable to many felony and misdemeanor convictions once the sentence is complete. However, serious offenses like those designated as dangerous or involved deadly weapons, serious injury, sex offender registration, or victims under 15 are typically excluded.

    • Effect: The conviction remains visible on background checks, but the "set aside" status shows the court formally dismissed the case post-sentence, which can aid in employment and housing applications. You must still disclose the conviction if asked, but can explain it was set aside. It can also restore certain civil rights, including firearm rights for eligible offenses. A "Certificate of Second Chance" is typically issued for set-aside misdemeanors.

2. Sealing Criminal Records (ARS § 13-911)

Effective January 1, 2023, this law introduced a way to seal records from public view, offering more comprehensive relief than a set aside for many offenses.

• What it Does: Sealing makes records of arrest, charges, conviction, and sentence inaccessible to the general public, including most employers and landlords. It does not destroy the record; law enforcement, courts, and certain agencies retain access for specific purposes.

• Eligibility:

  • Requires completion of all sentence terms (including fines/restitution).

  • Mandatory waiting periods apply after sentence completion (2 years for Class 2/3 Misdemeanors, 3 years for Class 1 Misdemeanors, 5 years for Class 4-6 Felonies, 10 years for Class 2/3 Felonies).

  • Cases ending in dismissal or acquittal are also eligible for sealing right away.

  • Similar to set asides, serious, dangerous, violent, and certain sexual offenses are generally ineligible for sealing.

• Effect: This is significantly closer to traditional expungement in practical effect for public interactions. Once sealed, you can generally state you have not been arrested for, charged with, or convicted of the sealed offense on most job, housing, or loan applications (with specific exceptions for certain sensitive positions or licenses).

3. Marijuana Offense Expungement (ARS § 36-2862)

This is the only true "expungement" process currently available for convictions in Arizona, created specifically by Proposition 207 for certain past marijuana-related activities that are now legal or treated less severely.

• What it Does: This process aims to vacate the judgment of guilt and expunge (seal and effectively erase for public purposes) all official records related to the eligible arrest, charge, and conviction.

• Eligibility: This is strictly limited to specific, lower-level marijuana offenses committed before Proposition 207 took full effect. Eligible offenses include:

  • Possessing, consuming, or transporting 2.5 ounces or less of marijuana (of which no more than 12.5 grams was marijuana concentrate).

  • Possessing, transporting, cultivating, or processing no more than six marijuana plants at your primary residence for personal use.

  • Possessing, using, or transporting associated marijuana paraphernalia.

• Process: Eligible individuals can file a petition with the court for expungement. There are no waiting periods after sentence completion for these specific offenses, and court filing fees are waived. Some prosecutorial agencies were tasked with proactively identifying eligible cases, but individuals should file their own petition to ensure their record is addressed.

• Effect: If granted, the conviction is vacated, and the records are ordered expunged. This is the most complete form of relief available in Arizona, allowing the individual to legally treat the incident as if it never occurred for nearly all purposes regarding the expunged offense.

Comparing the Options

• Set Aside: Annotates the record, shows completion/dismissal, still publicly visible. Available for many offense types.

• Seal: Hides the record from public view, allows denial of the record in most situations. Available for many offense types after waiting periods, excluding the most serious crimes.

• Marijuana Expungement: Vacates conviction and seals/erases records only for specific past low-level marijuana offenses. Offers the most complete clearance for eligible cases.

Seek Legal Guidance

Navigating these three distinct processes – determining eligibility, understanding waiting periods, filing the correct petitions (sometimes needing both a set aside and sealing petition), and potentially attending hearings – can be complex. An error could lead to denial and delays.

Consulting with an Arizona criminal defense attorney experienced in post-conviction relief, including set asides, record sealing, and marijuana expungement, is highly recommended. They can identify the correct path for your specific situation, ensure paperwork is filed accurately, and advocate for you to achieve the best possible outcome in clearing your record and moving forward.