Expunge a Criminal Record in Arizona: Set-Aside vs. Sealing Explained

Arizona doesn’t offer expungement in the way most people picture it. Anyone searching how to expunge a criminal record in Arizona usually finds two different remedies instead: setting aside a conviction under A.R.S. § 13-905, or sealing a record under A.R.S. § 13-911. They sound similar. They don’t do the same thing.

How to expunge a criminal record in Arizona: two separate tools

A set-aside under § 13-905 vacates the judgment of guilt and dismisses the case. It releases the person from most penalties tied to the conviction. But it doesn’t hide anything. The conviction stays on the public record, just annotated as “set aside.” Record sealing under § 13-911 goes further. A sealed record gets removed from public view entirely. Most background checks won’t turn it up. Someone trying to expunge a criminal record in Arizona is usually after what sealing does, not what a set-aside does.

Who qualifies for a set-aside

Under § 13-905, anyone convicted of a criminal offense can apply once probation or the sentence is complete and the court has discharged them. There’s no waiting period once discharge happens. The clerk can’t charge a filing fee either. The court weighs the nature of the offense, compliance with sentencing terms, and any victim input before deciding. A few categories are excluded, including certain dangerous offenses and driving-related penalties that ADOT still enforces regardless of a set-aside.

Who qualifies for sealing

Section 13-911 runs on a waiting-period model instead. The clock starts at absolute discharge. How long someone waits depends on the offense class — felonies generally take longer than misdemeanors. Some offenses are excluded outright, including dangerous offenses under § 13-704 and crimes requiring sex-offender registration. Arrests that never led to a conviction, and charges that got dismissed as part of a plea or otherwise, can often be sealed too. Sometimes there’s no waiting period at all, since there’s no sentence to complete.

The certificate of second chance

A 2021 update to § 13-905 added the certificate of second chance. A court can attach it to a set-aside order for certain lower-level felonies once enough time has passed since sentence completion. It doesn’t seal anything. But it can factor into licensing and employment decisions in ways an ordinary set-aside doesn’t.

Can you pursue both remedies?

Yes, and it’s often worth doing. A set-aside restores civil rights, including firearm rights in many cases. Sealing controls who gets to see the record at all. Getting a conviction set aside doesn’t automatically seal it. Sealing doesn’t restore rights the way a set-aside does. Someone with a qualifying felony conviction can pursue both for the fullest relief available.

The bottom line

Arizona has no general expungement statute for adult convictions outside marijuana offenses under Prop 207. What people mean by “expunge my record” splits into two tools: a set-aside under § 13-905 that clears penalties but leaves the record visible, and sealing under § 13-911 that actually removes it from view. Knowing which one accomplishes the real goal is the first step.

Keep reading

• Plea Agreements in Arizona: What “Taking a Plea” Actually Means for Your Record
• Arizona’s Repetitive Offender Sentencing: What Prior Convictions Trigger

This article explains Arizona’s general record-relief options. It is general information, not legal advice. Eligibility for a set-aside or sealing depends on the specific offense and case history — confirm with a qualified attorney.