Clearing a Criminal Record in Arizona

A criminal record in Arizona can follow you for the rest of your life — affecting employment, housing, professional licenses, and even your ability to own a firearm. But Arizona law provides several pathways to reduce or eliminate the impact of a past conviction. From setting aside a conviction under A.R.S. § 13-907 to sealing records under A.R.S. § 13-911, understanding your options is the first step toward reclaiming your future. At Oliverson Law DUI & Criminal Defense, our team — including a former judge and former prosecutors — has helped hundreds of Arizonans clear their records. Call (480) 582-3637 for a free consultation.

Key Takeaways

• Arizona Does Not Allow True Expungement: Unlike some states, Arizona does not erase criminal records entirely. However, you can have a conviction “set aside” or sealed, which significantly reduces its impact.
• Setting Aside a Conviction Is Available for Most Offenses: Under A.R.S. § 13-907, most felony and misdemeanor convictions can be set aside once you complete your sentence, restoring your civil rights and marking the record as “dismissed.”
• Record Sealing Is Now Available: Arizona’s newer A.R.S. § 13-911 allows eligible individuals to petition to seal their criminal records entirely from public view, providing even greater protection than a set-aside.

Setting Aside a Conviction in Arizona

Under A.R.S. § 13-907, a person who has been convicted of a criminal offense in Arizona may apply to the court to have the judgment of guilt set aside. If granted, the court enters an order setting aside the conviction and dismissing the case. While the record is not erased, it is updated to show “conviction set aside — charges dismissed.” This is a powerful tool for employment, licensing, and background checks.

Who Is Eligible?

Most people who have completed all terms of their sentence — including prison, probation, fines, restitution, and community service — are eligible to apply. The court considers factors such as the nature of the offense, your compliance with sentencing conditions, your behavior since conviction, the time that has elapsed, and the victim’s input. Certain offenses are not eligible, including those requiring sex offender registration and offenses involving a dangerous instrument used against a minor.

What a Set-Aside Does and Doesn’t Do

A set-aside restores your civil rights (including the right to vote and serve on a jury), releases you from all penalties and disabilities resulting from the conviction, and updates your record to show dismissal. However, it does not erase the conviction from your record — it remains visible to law enforcement and may still be used as a prior in future sentencing. It also does not restore your right to possess a firearm for most felonies.

Sealing Criminal Records Under A.R.S. § 13-911

Arizona’s record sealing law, effective January 2023, provides a stronger form of relief than a set-aside. When a record is sealed, it is removed from public access. Employers, landlords, and most background check services will not be able to see the sealed conviction. This is particularly valuable for people whose past criminal records are preventing them from moving forward in their careers and personal lives.

Eligibility for Record Sealing

Eligibility depends on the offense and a mandatory waiting period after completing your sentence. For most misdemeanors, the waiting period is 2-3 years. For felonies, it ranges from 5-10 years depending on the classification. Certain offenses are not eligible for sealing, including dangerous offenses, serious violent crimes, offenses requiring sex offender registration, and offenses involving a victim under 15 years old.

Restoring Firearm Rights

For many people with felony convictions, the loss of firearm rights is one of the most significant consequences. Arizona allows restoration of firearm rights for certain felony convictions. If you were convicted of a single non-dangerous felony, your right to possess a firearm is automatically restored two years after completing your sentence. For two or more felonies, you must petition the court. Dangerous felonies and certain other offenses permanently prohibit firearm possession.

Related Articles

• What Is a Post-Conviction Appeal in Arizona?
• Assault vs. Aggravated Assault in Arizona
• Arizona Drug Possession Laws

Frequently Asked Questions

Can I get my criminal record expunged in Arizona? Arizona does not offer true expungement — your record cannot be completely erased. However, you can have a conviction set aside (A.R.S. § 13-907) or sealed (A.R.S. § 13-911), both of which significantly reduce the impact of a criminal record on your life.

How long does it take to clear a criminal record in Arizona? A set-aside petition can be filed as soon as you complete all terms of your sentence. The court typically rules within 30-60 days. Record sealing requires a waiting period after sentence completion — 2-3 years for misdemeanors and 5-10 years for felonies — before you can petition.

Will a set-aside conviction show up on a background check? The record will still exist but will show “conviction set aside — charges dismissed.” Most employers view this favorably, and some background check services may not flag set-aside convictions. Record sealing provides stronger protection by removing the record from public view entirely.

Can a DUI conviction be set aside in Arizona? Yes. Most DUI convictions — including standard DUI, extreme DUI, and super extreme DUI — are eligible to be set aside once you complete all terms of your sentence. Aggravated DUI (felony) convictions are also eligible in most cases. Contact our office to discuss your specific situation.