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Arizona offers three different forms of criminal-record relief: marijuana expungement, criminal case-record sealing and setting aside a conviction. These remedies are not interchangeable. They have different eligibility rules, legal effects and filing procedures.
Marijuana expungement under ARS 36-2862 addresses specified marijuana conduct. Record sealing under ARS 13-911 applies more broadly but does not erase every legal use of the record. A set-aside under ARS 13-905 releases a person from many penalties and disabilities associated with a conviction, but it does not remove the record from public view.
The right option depends on the charge, outcome, sentence, date of completion and the relief the person needs. To learn more about Arizona’s expungement laws and what it might mean for your criminal record, contact the Phoenix set aside and expungement lawyers at AZ Defenders for a free consultation.
Arizona law uses the word expungement primarily for qualifying marijuana records under ARS 36-2862. If a court grants the petition, an eligible judgment of adjudication or conviction is vacated, records of the arrest, charge, adjudication, conviction and sentence are expunged, and the associated records are sealed. The statute also provides that the expunged matter may not be used in a later prosecution and that the person may state that the event did not occur.
This remedy is limited to conduct covered by the marijuana statute. It is not a general process for erasing every type of Arizona criminal case.
ARS 36-2862 allows a petition for an arrest, charge, adjudication, conviction or sentence arising from conduct that occurred before November 30, 2020 and involved one of the following:
The statute does not extend this expungement process to every marijuana-related offense. For example, a case involving sale or distribution requires a separate eligibility analysis.
After a petition is filed, the prosecuting agency has an opportunity to respond. The court may hold a hearing at either party’s request and must hold one if it finds a genuine dispute of fact about eligibility. The court must grant the petition unless the prosecution proves by clear and convincing evidence that the person is not eligible.
ARS 13-911 allows an eligible person to ask the court to seal records associated with:
Sealing restricts public access to qualifying case records, but it does not destroy them. Arizona law permits sealed records to be used for certain law enforcement, court, sentencing, impeachment, and other statutory purposes. The statute also contains exceptions that may require disclosure for particular jobs, fingerprint-clearance-card applications and other regulated situations.
Subject to those exceptions, a person whose records are sealed may generally state that the person was not arrested for, charged with, or convicted of the sealed crime on applications for employment, housing, financial aid, or loans.
For an eligible conviction, ARS 13-911 measures the waiting period from completion of the nonmonetary conditions of probation or sentence and discharge by the court. The current periods are:
The petitioner must also have paid all court-ordered fines, fees and restitution when filing. A later felony after a prior sealing order can add five years to the otherwise applicable period for the subsequent felony.
Different rules apply when a charge was dismissed, a person was acquitted or no charge was filed. Those cases should be evaluated under the filing provisions that apply to non-conviction records.
ARS 13-911 excludes several categories, including dangerous offenses, dangerous crimes against children, serious offenses, violent or aggravated felonies, sex trafficking, certain felony sexual offenses and offenses with specified weapon or serious-injury elements.
Eligibility should be checked against the current statute rather than inferred from the offense title alone. The classification, elements, and procedural history may control the result.
Under ARS 13-905, a person who has completed the conditions of probation or sentence and has been discharged may apply to set aside an eligible judgment of guilt. If the court grants the request, it sets aside the judgment, dismisses the charging document, and releases the person from many penalties and disabilities resulting from the conviction.
A set-aside does not erase the record. The Department of Public Safety annotates the criminal history to show that the conviction was set aside, but the statute does not require law enforcement agencies to redact or remove it. The conviction may also still be used for purposes listed in the statute, including certain later prosecutions and sentencing decisions.
The court considers factors such as the nature of the offense, compliance with the sentence, prior and subsequent convictions, victim input, restitution, the time since sentence completion, and the applicant’s age at the time of the conviction. Dangerous offenses, registrable offenses, offenses with a finding of sexual motivation, and certain felonies involving a victim under 15 are not eligible.
An eligible set-aside order may include a Certificate of Second Chance. The certificate can reduce certain barriers to an Arizona occupational license and provide statutory protections to an employer or housing provider. It is not a recommendation or a guarantee that a license, job or housing application will be approved.
Eligibility depends on the offense classification, the time since completion of the sentence and whether the person previously received a certificate for a felony set-aside.
The petition must be filed in the court identified by ARS 13-911. That may be the court of conviction, the court where a dismissed charge was filed, the court of initial appearance or the superior court in the county of arrest, depending on what happened in the case.
The court ordinarily may not grant or deny a sealing petition until 60 calendar days after receiving it unless the prosecutor and all qualifying victims who requested notice do not object. The petitioner, prosecutor or victim may request a hearing. The court must determine that sealing is in the best interests of the petitioner and public safety.
A denial can have lasting consequences because ARS 13-911 generally prevents a new petition for three years. Preparing an accurate eligibility analysis and complete filing the first time can therefore matter.
Sealing affects records held by criminal-justice agencies. The Arizona Judicial Branch cautions that material published or distributed before sealing may remain accessible. A sealing order does not promise that every private website or background report will become blank.
Disclosure rules also depend on the application. ARS 13-911(I)(5) lists exceptions involving fingerprint-clearance applications, specified jobs and offenses, and disclosures required by state or federal law. Read the actual question and the order before relying on permission to answer that an event did not occur.
Consider speaking with counsel when the record includes multiple charges, out-of-state convictions, unpaid obligations, a disputed discharge date, a potentially excluded offense or a prior petition that was denied. An attorney can identify the correct form of relief, determine the proper court, assemble supporting records and respond if the prosecutor or a victim objects.
Contact AZ Defenders to discuss Arizona record-relief options. Have your case number and court papers available if a case has been filed.