Can You Get Your Criminal Record Sealed in Arizona? A Complete Guide
Having a criminal record can cast a long shadow over your life, affecting job prospects, housing applications, and even loans. If you were arrested or convicted in Arizona, you might wonder if you can clear your record and get a fresh start. The good news is that Arizona law now offers several ways to limit or hide your criminal record – including record sealing, a narrow form of expungement, and the traditional set aside of convictions.
Arizona’s approach to clearing criminal records is unique. Unlike many states, Arizona historically had no general expungement law for most offenses – the only option used to be a “set aside” of a conviction, which still left the record visible. That changed in recent years. In 2020, voters passed Proposition 207, allowing expungement of certain marijuana convictions, and in 2021 the legislature enacted Arizona Revised Statute § 13-911, which (effective 2023) created a process to seal many criminal records from public view. Today, if you have a criminal record in Arizona, there are legal pathways to clear your name.
If you’re feeling overwhelmed by criminal record sealing issues in Arizona, it’s time to take action. Suzuki Law can work to ensure you get what you deserve. Contact us for guidance on your case or call us at (602) 610-0752 to discuss your situation today. Let’s work together to secure your financial future.
Understanding Arizona’s Record Clearing Options
Clearing a criminal record in Arizona can mean one of three things:
- Expungement – The record is completely erased as if the incident never happened. In Arizona, this is only available for certain marijuana-related offenses. For those eligible cases, the court vacates the eligible marijuana-related judgment (if any) and orders the records expunged under Arizona law.
- Record Sealing – The record still exists but is hidden from public view. When a record is sealed, it no longer shows up on standard background checks. However, law enforcement, courts, and a few agencies can still access sealed records.
- Set Aside – The conviction is vacated (dismissed) after you complete your sentence, releasing you from penalties and disabilities of the conviction. This updates the record to note the charge was set aside, signaling rehabilitation, but the record remains visible to the public (it is not erased or sealed).
In essence, expungement (for marijuana cases) offers the most complete relief, sealing offers strong privacy from the public, and a set aside offers a form of forgiveness while keeping the record open.
Arizona’s Record Sealing Law (ARS § 13-911)
Record sealing is the newest – and for most people, the most impactful – form of record relief in Arizona. As of January 1, 2023, Arizona law allows individuals to petition the court to seal their criminal case records (including arrest records, charges, and convictions).
What does sealing do? If the court grants a petition to seal your records, those records are hidden from public access and most background checks. Employers, landlords, and the general public will no longer see the sealed case when they search your history. The law allows you to legally state that you have never been arrested, charged, or convicted of the sealed offense on employment, housing, or financial applications. However, certain agencies and officials can still access sealed records – for example, law enforcement, courts, and some government licensing boards.
Who is eligible to seal their record?
- If you were arrested but never charged: You can petition to seal the arrest record once the statute of limitations has passed or the prosecutor won’t file charges. In most cases the court may consider public-safety factors before granting the request.
- If you were charged and later acquitted or had the charges dismissed: You can petition to seal the case records as soon as that case is over.
- If you were convicted: You can petition to seal the conviction after you complete all terms of your sentence and wait out a mandatory period.
For convictions, the waiting periods depend on the level of the offense:
- Class 2 or 3 felonies: 10 years after completing the sentence
- Class 4, 5, or 6 felonies: 5 years after completing the sentence
- Class 1 misdemeanors: 3 years after completing the sentence
- Class 2 or 3 misdemeanors: 2 years after completing the sentence
Which offenses cannot be sealed? You cannot seal records of:
- Dangerous offenses (often involving use of a deadly weapon or serious physical injury)
- Serious or violent felonies (for example, aggravated assault, homicide)
- Sexual offenses that require sex offender registration or findings of sexual motivation
- Crimes against children (such as offenses with victims under 15)
- Any offense classified as “dangerous crimes against children”
How to petition to seal a record: You must file a petition in the court where your case took place. The process generally works like this:
- The court notifies the prosecutor and any victims of your petition
- There is a 60-day waiting period to allow objections
- The court requests your full criminal history from the Arizona Department of Public Safety
- If no objections are raised, a judge decides your petition based on whether it’s in the best interests of the petitioner and public safety
- If approved, the court orders all records sealed
If the court denies your petition, you typically must wait 3 years before applying again for that same offense.
Expungement in Arizona (Marijuana Convictions Only)
In Arizona, true expungement is currently available only for specific marijuana-related offenses. In November 2020, Arizona voters approved Prop 207, which legalized adult-use marijuana and included a provision allowing people to expunge certain marijuana arrests and convictions.
Eligible offenses for expungement:
- Possessing, consuming, or transporting 2.5 ounces or less of marijuana
- Cultivating up to six marijuana plants at your primary residence
- Possessing or using marijuana paraphernalia
There is no waiting period for marijuana expungement – you can file your petition immediately.
What expungement does: If granted, it will purge all records of the eligible marijuana offense. The record is not accessible to the public or even to law enforcement or courts in the future. An expunged conviction cannot be used against you for sentence enhancements, because legally the conviction no longer exists.
For any other type of crime beyond these specific marijuana scenarios, you cannot expunge it under Arizona law – you would instead look to sealing or setting aside your record.
Setting Aside a Conviction (ARS § 13-905)
“Setting aside” a conviction is Arizona’s traditional method of lessening the impact of a criminal record. When a conviction is set aside, the court vacates the judgment of guilt and dismisses the charges after you’ve completed all your sentence requirements.
What a set aside does: It releases you from “all penalties and disabilities” resulting from the conviction and can restore civil rights like voting and jury service. The court considers you rehabilitated, which significantly improves how your background is viewed by employers and landlords.
However, a set aside does not erase the conviction. The case remains on the public record, just marked as set aside. Anyone running a background check will still see the original charge and a note that it was set aside. The conviction can still be counted as a prior if you face new charges later.
Eligibility: You can apply to set aside almost any Arizona conviction once you’ve completed all terms of your sentence. You cannot get a set aside for:
- Dangerous offenses
- Offenses requiring sex offender registration
- Offenses with sexual motivation findings
- Felony offenses with a victim under 15 years old
- DUIs and certain other traffic offenses
Unlike sealing, there’s no additional waiting period beyond completing the sentence.
Certificate of Second Chance: Courts can issue a Certificate of Second Chance as part of the set aside order. This certificate releases you from certain barriers to employment or licensing that a conviction would normally cause. Licensing boards in Arizona cannot deny you a license solely based on the conviction that was set aside.
Benefits of Clearing Your Criminal Record
- Better Job Opportunities: Once your record is sealed or expunged, you can truthfully answer “No” when asked about convictions in most job applications.
- Housing and Rentals: Clearing your record improves your chances of getting approved for an apartment or rental home.
- Education and Financial Aid: You expand your educational opportunities and won’t risk losing financial aid.
- Restoration of Civil Rights: A set aside can restore your right to vote and serve on a jury.
- Peace of Mind: You can pass background checks and participate in society without constant worry about your past.
Frequently Asked Questions
Q: Can I get my criminal record expunged if it’s not a marijuana case?
A: No. Arizona only offers expungement for certain marijuana-related offenses. For other crimes, you may be eligible to seal the record or set aside the conviction.
Q: How long do I have to wait to seal my record?
A: For convictions, 2-10 years depending on the offense class. For arrests without conviction or dismissed cases, you can petition immediately.
Q: Does a set aside remove the conviction from my record?
A: No. The record will still show the conviction, but it will be marked as set aside. It’s not hidden like a sealed record.
Q: Will a sealed record show up on background checks?
A: No, sealed records should not appear on standard background checks used by employers and landlords.
Q: Do I need a lawyer?
A: While you can file on your own, working with an experienced criminal defense attorney often streamlines the process and maximizes your chance of success.
Conclusion
Arizona’s laws provide real opportunities for a second chance. Whether through sealing, expungement, or setting aside your conviction, you can take steps to ensure your past doesn’t dictate your future. If you’ve been arrested or convicted in Arizona, relief may be available. Many have successfully cleared their records, reclaiming their lives and opportunities. Don’t hesitate to seek guidance from experienced Arizona criminal defense attorneys who can help navigate the process and increase your chances of success.
If you’re feeling overwhelmed by criminal record sealing issues in Arizona, it’s time to take action. Suzuki Law can work to ensure you get what you deserve. Contact us for guidance on your case or call us at (602) 610-0752 to discuss your situation today. Let’s work together to secure your financial future.
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