A criminal record can cast a long shadow, creating barriers to employment, housing, and personal opportunities long after a person has fulfilled their debt to society.
The idea of a "clean slate" is a powerful one, but the process of expunging a criminal record in Arizona is often misunderstood.
At Wesbrooks Law, we believe everyone deserves a second chance. Inspired by his father’s unwavering commitment to helping people, Mark Wesbrooks has built our firm on the principle of guiding clients through life’s most challenging legal hurdles. We are dedicated to helping you move forward. Here is a clear guide to expunging, sealing, and setting aside criminal records in Arizona for 2025.
The Key Distinction: Set Aside, Seal, or Expunge?
When people talk about expunging a record in Arizona, they are usually referring to one of three different legal processes, each with unique requirements and outcomes.
- Expungement: This is the most complete form of relief. A true expungement in Arizona completely erases and destroys a criminal record, as if the offense never happened. It is only available for certain marijuana-related offenses under Proposition 207 (A.R.S. § 36-2862).
- Record Sealing: This is a comprehensive form of relief for most other offenses. A sealed record is removed from public view and most public background checks. You can legally state that the arrest or conviction never occurred in most applications for employment or housing. Records are still accessible to law enforcement, courts, and certain agencies.
- Setting Aside a Conviction: This is the most common form of relief. A set-aside does not remove or seal the record from public view. Instead, it adds an annotation to your public record stating that the conviction was “set aside” and the case was dismissed. This shows prospective employers or landlords that you have completed your sentence and are no longer a convicted person, which can still be a significant benefit.
Sealing Criminal Records in Arizona: Eligibility & Waiting Periods
The ability to seal a criminal record in Arizona is a significant change brought about by recent legislation. To be eligible, you must have been convicted of a crime and completed all terms of your sentence (including probation, fines, and restitution).
- Class 2 & 3 Felonies: 10 years
- Class 4, 5 & 6 Felonies: 5 years
- Class 1 Misdemeanors: 3 years
- Class 2 & 3 Misdemeanors: 2 years
Certain serious offenses are not eligible for record sealing, including dangerous crimes against children, serious violent offenses, or offenses involving a deadly weapon.
Setting Aside a Conviction in Arizona: Eligibility & Benefits
A motion to set aside a conviction is available for most felonies and misdemeanors in Arizona. You are generally eligible to apply as soon as you have completed all terms of your sentence.
- Releases you from all penalties and disabilities resulting from the conviction.
- May restore your right to possess a firearm (unless it was a serious offense).
- Can be a major factor for prospective employers or landlords, demonstrating that you have satisfied your legal obligations.
- The conviction can still be used against you in a subsequent prosecution.
How to Begin the Process
The process for getting a record set aside, sealed, or expunged in Arizona is complex and requires meticulous attention to detail.
- Determine Your Eligibility: The first step is to confirm which legal remedy (sealing, set-aside, or expungement) you are eligible for.
- File a Petition: You must file the correct petition with the court where your case was handled. These petitions require detailed information about your offense and compliance.
- Serve the Prosecutor: The petition must be served on the prosecuting attorney, who has the right to object.
- Await a Decision: The court will review your petition and may grant it without a hearing, or schedule one if there is an objection.
Why You Need a Criminal Defense Attorney
The forms and procedures for setting aside or sealing a criminal record in Arizona vary by county, and a single mistake can lead to a denial. If your petition is denied, you may have to wait up to three years to refile.
- Determine your eligibility and advise on the best course of action.
- Properly prepare and file all the necessary petitions and documentation.
- Navigate the court system and represent you in a hearing if needed.
Start today with Wesbrooks Law: wesbrookslaw.com/contact-us or call (602) 262-4357 for a FREE consultation.