How to Clear Your Criminal Record in Arizona

What You Need to Know First

Arizona does not have traditional expungement for most convictions. Instead Arizona offers three distinct forms of record relief — each doing something different. Understanding which one applies to you is the critical first step. Many people can and should pursue both a set aside AND record sealing.

Arizona's three pathways are not interchangeable — they have different eligibility rules, different effects on your record, and different benefits. Here's what each one does:

Set Aside

A.R.S. § 13-905 — AVAILABLE NOW

Vacates the judgment of guilt and dismisses the charges. The conviction stays visible on your record but is annotated as "set aside." No waiting period — available as soon as you complete your sentence. Comes with a Certificate of Second Chance. Most convictions qualify.

Record Sealing

A.R.S. § 13-911 — EFFECTIVE JAN. 2023

Hides your record from public view — most background checks cannot see it. You can legally deny the arrest or conviction in most situations. Requires a waiting period after completing your sentence. Stronger protection than set aside. Available for most offenses except the most serious.

Marijuana Expungement

A.R.S. § 36-2862 — PROP 207

True expungement — vacates the conviction and seals/erases all records. Available only for certain marijuana offenses that are now legal or less serious under Prop 207. No waiting period. No filing fee. The strongest form of relief available in Arizona.

What Can — and Can't — Be Set Aside or Sealed

ELIGIBLE

Most misdemeanor convictions — set aside immediately after sentence
Most felony convictions — set aside after sentence, sealing after waiting period
DUI convictions — eligible for set aside (Title 28, Chapter 4)
Dismissed charges and acquittals — sealing immediately, no waiting period
Arrests not resulting in charges — sealing immediately
Marijuana offenses now legal under Prop 207 — full expungement
Class 1 misdemeanors — sealing after 3 years
Class 4, 5, 6 felonies — sealing after 5 years
Class 2, 3 felonies — sealing after 10 years

NOT ELIGIBLE

Dangerous offenses — involving deadly weapon or dangerous instrument
Sex offenses requiring registration
Offenses with a finding of sexual motivation
Offenses causing serious bodily injury to a victim
Crimes against children under age 15
Certain Title 28 Chapter 3 traffic offenses (criminal speeding, hit and run, aggressive driving)
Pending criminal charges in any court
Unpaid restitution owed to victims

Important: Reckless Driving (Title 28, Chapter 3) cannot be set aside. But DUI (Title 28, Chapter 4) can be set aside. This distinction matters — confirm your specific statute before filing.

Record Sealing Waiting Periods — A.R.S. § 13-911

Waiting periods begin after completing all conditions of your sentence — including probation, incarceration, fines, restitution, and any required treatment. Dismissed charges and acquittals have no waiting period.

Dismissed charges / acquittals — sealing

Immediately

Class 2 / 3 misdemeanor — sealing

2 years

Class 1 misdemeanor — sealing

3 years

Class 4 / 5 / 6 felony — sealing

5 years

Class 2 / 3 felony — sealing

10 years

How to File a Set Aside — Step by Step

A set aside is available as soon as you complete all conditions of your sentence. It's the fastest form of relief and most people should pursue it first — even if they plan to also file for record sealing later.

1

Confirm You've Completed Your Sentence

You must have completed all conditions — probation or prison, all fines and fees, all restitution to victims, and any required treatment or community service. Check your court records to confirm your discharge status. Outstanding restitution will cause denial.

2

Get the Set Aside Application Form

Download the Application to Set Aside Conviction from the Arizona Judicial Branch at azcourts.gov. Many courts also have local forms available from the clerk's office. Your probation officer can also submit the paperwork on your behalf if you are still on supervision.

3

File with the Sentencing Court

File your application with the court where you were convicted. The prosecutor's office is notified and has the opportunity to object. The judge considers the nature of the offense, your compliance with probation, your criminal history, any victim input, and the time elapsed since completion of your sentence.

4

Request the Certificate of Second Chance

When filing for a set aside, also request a Certificate of Second Chance. This certificate removes occupational license barriers and provides limited legal protections to employers who hire you. It's issued at the same time as the set aside order and is a significant benefit for employment and licensing.

5

Then File for Record Sealing When Eligible

Once your waiting period has passed, file a separate petition for record sealing under A.R.S. § 13-911 at the court where you were convicted. Many people do both — a set aside first for immediate relief, then sealing once eligible for stronger protection. File your sealing petition with the prosecutor served and be prepared to attend a hearing if scheduled.

Marijuana Expungement — Prop 207

If you were convicted of a marijuana offense that is now legal or treated less seriously under Arizona's Proposition 207 — such as possession of small amounts, personal use, or home cultivation — you may qualify for true expungement under A.R.S. § 36-2862. No waiting period, no filing fee, no prior expungement bar. The conviction is vacated and all records are sealed and effectively erased.

Petition the court where your conviction occurred. Include the specific offense, date, and a description of the activity that is now legal under Prop 207. Some prosecutor offices were tasked with proactively identifying eligible cases — but file your own petition to ensure your record is addressed. This is the most complete form of relief available in Arizona.

Official Forms

Arizona Courts — Set Aside and Sealing Forms

Official forms for set aside, record sealing, and Certificate of Second Chance from the Arizona Judicial Branch

Get forms at azcourts.gov →

Arizona Judicial Branch — Self Help Center

Arizona's official self-help center with guides and forms for set aside and record sealing petitions

Visit azcourts.gov →

Request Your AZ Criminal History

Request your official Arizona criminal history record from the Department of Public Safety before filing

Visit azdps.gov →

Proposition 207 — Marijuana Expungement Info

Information on marijuana expungement eligibility under Proposition 207 from the Arizona Judicial Branch

Visit azcourts.gov →

Helpful Resources

FREE LEGAL HELP

Arizona Legal Help

Free legal information and referrals for Arizonans — including guides on set aside and record sealing

azlawhelp.org →

FREE LEGAL HELP

Community Legal Services — Arizona

Free civil legal help for low-income Arizonans — including post-conviction relief assistance

clsaz.org →

HOUSING, FOOD & BENEFITS

findhelp.org

Search thousands of free and reduced-cost programs for housing, food, work, and more in your area

findhelp.org →

JOB SEARCH HELP

American Job Centers

Free job search assistance, resume help, and training — including resources for people with records

careeronestop.org →

CIVIL RIGHTS RESTORATION

Arizona Secretary of State

Information on restoration of civil rights including voting rights after a felony conviction in Arizona

azsos.gov →

COURT LOCATIONS

Arizona Courts

Find your county superior court or justice court to file your set aside or sealing petition

azcourts.gov →

Frequently Asked Questions

What is the difference between a set aside and record sealing in Arizona? +

A set aside vacates the judgment of guilt and dismisses the charges — but the conviction still appears on your public record, annotated as "set aside." Record sealing hides your record from public view entirely — most background checks cannot see it and you can legally deny it in most situations. Set aside is available immediately after completing your sentence with no waiting period. Record sealing requires a waiting period of 2 to 10 years. Many people pursue both — set aside first for immediate relief, then sealing once eligible.

Can a DUI be set aside or sealed in Arizona? +

Yes — most DUI convictions can be set aside because DUI falls under Title 28 Chapter 4, not Chapter 3. After completing all sentence conditions including any ignition interlock requirement, you can petition for a set aside. DUI convictions are also generally eligible for record sealing under A.R.S. § 13-911 after the applicable waiting period. Note that a set aside does not alter MVD records or reinstate driving privileges.

What is the Certificate of Second Chance? +

The Certificate of Second Chance is issued at the same time as a set aside order. It removes occupational license barriers caused by your conviction — meaning licensing boards generally cannot automatically deny your application based on the set aside conviction. It also provides limited liability protection to employers who hire certificate holders. It's a significant benefit and you should always request it when filing for a set aside.

Can I legally deny the conviction after sealing? +

Yes — after record sealing under A.R.S. § 13-911, you can generally state in most situations that the arrest or conviction did not occur. Exceptions include applications for law enforcement positions, certain professional licenses, and situations involving subsequent criminal proceedings. After a set aside only — without sealing — the conviction is still visible and you cannot deny it, though it will show as "set aside."

Does a set aside restore my gun rights in Arizona? +

For first-time felony offenders, civil rights including the right to possess a firearm are often automatically restored upon completion of probation or discharge from prison under A.R.S. § 13-907 — without needing a set aside. However this automatic restoration does not apply to dangerous offenses or serious offenses. A set aside may assist with gun rights restoration in some cases but is not automatic. Federal law also applies independently. Consult a licensed Arizona attorney before purchasing or possessing a firearm.

Do I need an attorney? +

Not required — Arizona's court self-help center at azcourts.gov has forms and guides for both set asides and record sealing. For straightforward cases, many people file successfully on their own. However set asides are discretionary — a judge can deny them even if you technically qualify. For felony cases, cases with complex criminal histories, or if the prosecutor is likely to object, working with an Arizona criminal defense attorney meaningfully improves your chances.

After Your Record Is Set Aside or Sealed

After record sealing in Arizona, your record will not appear on most background checks. After a set aside, your record shows the conviction as dismissed — which is meaningfully better than an active conviction even though it remains visible. Both provide real employment and licensing benefits.

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Employment

After sealing — most employer background checks will not show the record and you can legally deny it in most situations. After set aside — the record shows as dismissed which is a positive signal to employers. The Certificate of Second Chance removes occupational license barriers. Arizona's ban-the-box law restricts when state employers can ask about criminal history.

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Gun Rights

First-time felony offenders often have civil rights including firearm rights automatically restored upon discharge under A.R.S. § 13-907. This does not apply to dangerous or serious offenses. A set aside may assist with gun rights but is not automatic. Federal law applies independently of state restoration. Consult a licensed Arizona attorney before purchasing or possessing a firearm.

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Professional Licensing

The Certificate of Second Chance removes occupational license barriers for most professions. Arizona licensing boards generally cannot automatically deny a license based on a set aside or sealed conviction. Certain regulated professions — healthcare, law, education — may still have access to records. Contact the specific licensing board before applying.

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Background Check Databases

After sealing, the Arizona Department of Public Safety updates your record and stops releasing it publicly. Private background check companies may lag in updating. Keep your set aside or sealing order and dispute any records that still appear. Note that a set aside does not affect MVD records or Arizona Game and Fish Department records.

For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.