RECORD SEALING & SET-ASIDES

An old Arizona conviction follows people into background checks for jobs, apartments, professional licenses, and volunteer positions long after the sentence is over. Arizona now offers three different ways to do something about that — and they are not interchangeable. They do different things, they cover different offenses, and choosing the wrong one wastes years.

This page explains what each remedy actually does, who qualifies, and how long you have to wait. It also corrects several rules that changed recently and are still described the old way on a large number of Arizona legal websites.

Three remedies, three different results

Arizona has no general expungement statute. That is worth stating plainly, because “expungement” is the word most people search for and it does not exist here outside of marijuana. Anyone offering to “expunge” a DUI or an assault in Arizona is using the wrong word, and possibly promising the wrong thing.

These remedies are also not mutually exclusive. A person can seek a set-aside and later seal the same record. Many people should do both.

Setting aside a conviction — A.R.S. § 13-905

A set-aside is available once you have fulfilled the conditions of probation or sentence and been discharged by the court. There is no waiting period beyond that discharge, and there is no filing fee.

If the court grants it, the judgment of guilt is set aside, the complaint, information, or indictment is dismissed, and you are released from the penalties and disabilities that flowed from the conviction. Three carve-outs survive: penalties imposed by the Arizona Department of Transportation, penalties imposed by the Game and Fish Commission, and any lifetime injunction.

The four exclusions

A.R.S. § 13-905(P) lists exactly four categories of conviction that cannot be set aside:

1. a dangerous offense;
2. an offense requiring sex offender registration under § 13-3821;
3. an offense with a finding of sexual motivation under § 13-118; and
4. a felony in which the victim was a minor under fifteen.

An important correction. Driving on a suspended license and other Title 28 traffic offenses used to be a fifth exclusion. They were removed in 2021 by SB 1249 (Laws 2021, Ch. 209). Arizona attorney pages still saying traffic offenses cannot be set aside are working from a version of the statute that has been dead for years. And DUI was never on the exclusion list at all — a DUI conviction has always been set-aside eligible.

One more note for anyone researching this on their own: the subsection letter has moved. What is now § 13-905(P) was (N) in 2021 and (K) in 2020. A citation to “§ 13-905(K)” in older material points to a different provision than today’s (K).

Firearm rights

A.R.S. § 13-905(O) provides that a set-aside restores the right to possess a firearm, except for a person convicted of a “serious offense” as that term is defined in § 13-706.

That is the Arizona answer. Whether a state set-aside also resolves a federal firearm prohibition is a genuinely unsettled question, and it is one where a confident-sounding answer from a website can get someone charged with a federal felony. If firearm rights are the reason you are pursuing relief, do not act on general information — get advice specific to your conviction before you touch a firearm.

Certificate of Second Chance

When a set-aside is granted, the court issues a Certificate of Second Chance automatically in these situations:

• the conviction was a misdemeanor;
• the conviction was a class 4, 5, or 6 felony and two years have passed since discharge; or
• the conviction was a class 2 or 3 felony and five years have passed since discharge.

The certificate is the part of Arizona’s record relief scheme that does the most practical work and gets the least attention. It lifts statutory barriers to occupational licensing under Title 32 — the licenses that let people work in trades, health care, real estate, cosmetology, and dozens of other fields — and it gives employers and housing providers protection from negligent-hiring and negligent-leasing liability under A.R.S. § 12-558.03. That second piece matters more than it sounds: it removes the liability worry that causes a lot of quiet rejections.

A certificate is available only once for a felony set-aside.

Restoration of civil rights — A.R.S. § 13-907

Separate from a set-aside, a first-time felony offender’s civil rights are restored automatically on completion of probation or absolute discharge, provided all victim restitution has been paid. No application is required. For a person with prior felonies, or a dangerous or serious offense, restoration is discretionary and routes through A.R.S. § 13-910 instead.

Sealing a record — A.R.S. § 13-911

Sealing is the newer and, for most people, the more powerful remedy. It took effect January 1, 2023. Where a set-aside annotates a record that stays public, sealing takes the case records out of public access entirely.

Who can petition

Section 13-911(A) opens sealing to three groups, and the second and third are the ones people overlook:

1. a person convicted who has completed all terms of the sentence;
2. a person whose charge was dismissed or who was found not guilty; and
3. a person who was arrested and never charged.

Groups two and three have no waiting period under § 13-911(C). If you were arrested and the case went away, that arrest is sitting in public records right now and it is sealable today. A very large number of people in this category have no idea the remedy exists.

Waiting periods for convictions

The clock runs from completion of the non-monetary conditions of the sentence. Money is handled separately and strictly: § 13-911(G) requires that all fines, fees, and restitution be paid in full at the time the petition is filed. An outstanding balance does not pause the clock — it blocks the filing.

The six exclusions

Section 13-911(O) makes these ineligible for sealing:

1. a dangerous offense;
2. a dangerous crime against children under § 13-705;
3. a serious offense, violent or aggravated felony under § 13-706;
4. any offense that has as an element the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument, or the knowing infliction of serious physical injury;
5. sex trafficking under § 13-1307; and
6. a class 2, 3, 4, or 5 felony under chapter 14 (sexual offenses) or chapter 35.1 (sexual exploitation of children).

What sealing actually gets you — and what it does not

Section 13-911(I)(5) is the operative language: a person with a sealed record may state, in all instances, that they have never been arrested for, charged with, or convicted of that offense. That is a real and broad right, and it is what makes sealing worth the wait.

It is not unlimited. The disclosure right yields for fingerprint clearance card applications and for roles involving minors, vulnerable adults, custody of financial assets, or law enforcement. And § 13-911(B) keeps a sealed record usable by the State in specific ways:

• as an element of a later offense;
• as a historical prior felony conviction;
• for impeachment if you testify;
• to enhance a sentence for a later felony; and
• to enhance a sentence under the DUI statutes, A.R.S. §§ 28-1381 and 28-1382.

That last one deserves emphasis for anyone sealing a DUI. Sealing a DUI does not make it stop counting as a prior DUI. Neither does a set-aside. A sealed 2019 DUI is still a first offense on the books when a 2027 DUI is charged, and the mandatory minimums for a second offense still apply. See our DUI defense page for what those look like.

Contrary to what at least one Arizona site claims, DUI convictions are not on the § 13-911(O) exclusion list and are generally sealable. An aggravated DUI involving a collision with serious physical injury may be caught by the dangerous-offense or serious-injury exclusions, which is a case-specific question.

What changed in 2024, and why competitor pages are wrong

SB 1639 (Laws 2024, Ch. 244), effective in September 2024, rewrote several parts of § 13-911:

• The extra five-year waiting period for people with prior felonies was eliminated. Under the current statute, that additional wait attaches only to a person who has already used sealing and then commits a new felony — not to anyone who simply has an old prior. This is the single most commonly outdated statement on Arizona record-relief pages.
• A person may seal each record as it becomes eligible, rather than waiting until every record qualifies.
• The court’s window to decide a petition was extended from 30 to 60 days.
• A sealed record must be treated as a mitigating factor in fingerprint clearance card determinations.

Marijuana expungement — A.R.S. § 36-2862

Proposition 207 created Arizona’s only true expungement, and it applies only to marijuana conduct that is now legal. Petitions have been available since July 12, 2021. Three categories qualify, and the list is exhaustive:

• possessing, consuming, or transporting 2.5 ounces or less of marijuana, of which no more than 12.5 grams was concentrate;
• possessing, transporting, cultivating, or processing six or fewer marijuana plants at a primary residence for personal use; and
• possessing, using, or transporting marijuana paraphernalia.

Three features make this remedy unusually favorable:

• The burden is on the State. The court must grant the petition unless the prosecution proves ineligibility by clear and convincing evidence. That is the reverse of how nearly every other petition works.
• There is no filing fee. The court may not charge one.
• The prosecutor has 30 days to respond. Note that at least one Maricopa County court page has published 45 days; the statutory figure is 30.

On a granted petition, the court vacates the judgment, expunges the records, and restores civil rights including firearm possession.

There is a nuance worth knowing if the old charge alleged intent to sell. Arizona appellate decisions have addressed situations where possession or transport of an eligible quantity may still qualify even though a sale allegation was made. A conviction for sale, however, is not eligible at any amount. This is a place where the specific charging language on the old case controls the answer.

One caution that matters enormously and is almost never stated: if you are not a U.S. citizen, do not assume a Prop 207 expungement solves an immigration problem. Whether a vacatur under § 36-2862 removes a conviction for federal immigration purposes is unresolved, and the consequences of guessing wrong include removal. Talk to an immigration attorney before relying on it.

Domestic violence cases

A domestic violence designation under A.R.S. § 13-3601 is not itself a bar to either sealing or a set-aside. Eligibility turns on the underlying offense — the assault, the criminal damage, the disorderly conduct — not on the DV tag attached to it.

What does change is the process. Section 13-911(D) requires that the victim be notified and builds in a 60-day hold, and victims in DV cases object more often than in other case types. That is not a reason not to file. It is a reason to file with a petition that anticipates the objection.

Federal firearm consequences of a misdemeanor domestic violence conviction are a separate question governed by federal law, and Arizona record relief does not automatically resolve it. We do not publish an answer to that question because there is not a clean one. Ask about your specific conviction.

How the process works in Maricopa County

Petitions are filed in the court where the conviction was entered. The Maricopa County Superior Court publishes a self-service packet for sealing (form set CRSR1) and separate forms for set-asides and Prop 207 expungement.

The petition is not a form-filling exercise, even though it looks like one. What a judge is weighing is whether granting relief is in the interests of justice, and the petitions that succeed are the ones that actually make that case: what has changed, what the person has done since, what the relief is for, and why the public loses nothing by granting it. A bare petition with the boxes checked and nothing else is the most common reason a good candidate gets denied.

A denied petition generally cannot be re-filed for three years. That is the strongest argument for getting the first one right.

Frequently asked questions

Can a felony be expunged in Arizona?

No. Arizona has no general expungement statute. Expungement exists only for qualifying marijuana offenses under A.R.S. § 36-2862. For every other felony, the available remedies are a set-aside under § 13-905 and sealing under § 13-911, and most eligible people should pursue both.

How long do I have to wait to seal a felony in Arizona?

Five years from completion of the sentence for a class 4, 5, or 6 felony, and ten years for a class 2 or 3 felony. Class 1 felonies cannot be sealed. If the case was dismissed, ended in an acquittal, or never resulted in charges after an arrest, there is no waiting period at all.

Can a DUI be set aside or sealed in Arizona?

Yes to both. DUI has never been on the set-aside exclusion list, and it does not appear on the sealing exclusion list either. Two limits apply: a set-aside does not undo MVD license consequences, and neither remedy stops the DUI from counting as a prior for sentencing on a future DUI.

Does a prior felony add five years to my sealing wait?

Not anymore. That rule was eliminated by SB 1639, effective in September 2024. The additional waiting period now applies only to a person who has already used sealing and then commits a new felony. Many Arizona websites still describe the old rule.

Can I say I have never been convicted after a record is sealed?

In most settings, yes — A.R.S. § 13-911(I)(5) permits it. The exceptions are fingerprint clearance card applications and roles involving minors, vulnerable adults, custody of financial assets, or law enforcement. A sealed record also remains usable in a later criminal case as a prior, for impeachment, and for sentence enhancement.

Can driving on a suspended license be set aside?

Yes. Title 28 traffic offenses were removed from the set-aside exclusion list by SB 1249 in 2021. Pages saying otherwise are describing a version of the statute that has not been in effect for years.

What does a Certificate of Second Chance do?

It removes statutory barriers to occupational licensing under Title 32 and gives employers and housing providers liability protection under A.R.S. § 12-558.03. It issues automatically with a set-aside for a misdemeanor, for a class 4, 5, or 6 felony two years after discharge, or for a class 2 or 3 felony five years after discharge. It is available only once for a felony.

What happens if my petition is denied?

A denied petition generally cannot be refiled for three years. That waiting period is the practical reason to treat the first petition as the only one you get, and to support it with more than the minimum.

Talk to a lawyer about clearing your record

Nova Law Group handles set-aside, record sealing, and Prop 207 expungement petitions throughout Maricopa County. If you are not sure which remedy applies, or whether you are eligible yet, that is exactly the conversation to have — it usually takes one call to find out.

Call (480) 405-6767 or request a free consultation.

This page is general information about Arizona law, not legal advice, and it does not create an attorney-client relationship. Eligibility depends on the specific charge, disposition, court, and agency involved, and statutes change. Nothing here should be relied on for questions about federal firearm rights or immigration consequences, both of which involve unsettled law and require advice specific to your case. No attorney can guarantee any particular result.

Related pages: diversion programs can end a case in dismissal before there is ever a conviction to seal, which is why the two topics belong together. What happens after an arrest explains where in the process those decisions get made. See also DUI and drug charges, the two conviction types people most often ask us to clear.