Expungement vs. Sealing in Arizona: What’s the Difference?

Navigating life with a criminal record in Arizona can feel like walking with a heavy weight tied to your ankle. Whether you are applying for a new job, trying to rent an apartment, or simply looking for a fresh start, that past mistake often looms over your shoulder. For years, Arizona was known for having some of the strictest laws regarding criminal records, offering very few ways to truly clear your name.

However, recent legislative changes have opened new doors. You may have heard terms like “expungement,” “sealing,” and “set aside” tossed around. While they all sound similar, they mean very different things under Arizona law. Understanding these differences is the first step toward reclaiming your reputation and your rights. We believe that everyone deserves a clear understanding of how these laws impact their daily life.

In this guide, we break down exactly what these terms mean, who is eligible, and how you can take action to move forward with your life. We want to ensure you have the facts necessary to make an informed decision about your criminal history.

Is expungement actually available in Arizona?

For a long time, the short answer was no. Arizona did not have a general expungement statute that allowed people to erase their criminal history. However, with the passage of Proposition 207, also known as the Smart and Safe Arizona Act, the state introduced a specific form of expungement for certain marijuana-related offenses. We have seen how this change has provided relief for those previously burdened by minor drug charges.

If you were arrested, charged, or convicted of possessing, consuming, or transporting limited amounts of marijuana or related paraphernalia, you may be eligible to have that record completely wiped clean.When a record is expunged, the court orders that the arrest and conviction records be sealed. In most situations, you can state that the event did not occur. We find that this is the most comprehensive form of relief available, though its scope is very narrow.

Outside of these specific marijuana cases, true expungement, where the record is physically destroyed or completely erased, is still not an option for most other criminal offenses in the state. We often have to explain to our clients that while they may want an expungement, the law likely points them toward record sealing instead.

What does it mean to seal a record under A.R.S. § 13-911?

In January 2023, Arizona enacted a groundbreaking law that changed the landscape for thousands of residents. Under A.R.S. § 13-911, individuals can now petition the court to seal their criminal records. We have been working with this statute since its inception to help clients secure their privacy.

While sealing isn’t exactly the same as expungement, it provides many of the same practical benefits. When a record is sealed, public access is effectively blocked. Your records will not show up on most public background checks used by employers, landlords, or lenders. We understand how critical this is for anyone trying to secure housing or a stable career.

Furthermore, in most situations, in most situations, you may deny the record’s existence. In most situations, you can state that you have not been arrested, charged, or convicted of the sealed offense on applications for housing or employment. It is important to note that the record still exists, but it is only accessible to law enforcement, the courts, and certain government agencies. We consider this a “shield” that protects you from public scrutiny.

How is a “Set Aside” different from sealing?

Before the new sealing law, a “Set Aside” was the primary form of relief in Arizona. It is still a common and useful tool, but it works differently than sealing. We often analyze whether a client needs one or both of these options depending on their specific goals.

When a conviction is set aside, the court vacates the judgment of guilt and dismisses the charges. However, the record itself remains public. If an employer runs a background check, they will still see the arrest and the charge, but they will also see a notation that the judgment was set aside and the case was dismissed. We explain this to clients as an “update” rather than a “mask.”

Think of it this way: sealing puts a curtain over the record so people cannot see it, whereas a set aside leaves the record visible but adds a notation from the court saying you have completed your obligations. We frequently recommend pursuing both a set aside and a sealing petition to ensure your record is as clean and professional as possible.

Who is eligible to have their records sealed?

Eligibility for record sealing in Arizona is broad, but it is not universal. We look for several key factors when determining if you can move forward with a petition. First, you must have completed all terms of your sentence. This includes jail or prison time, probation, and the payment of all fines, fees, and victim restitution. We cannot file until every financial obligation is met.

Second, you must meet the specific waiting periods required by law. These periods vary based on the level of the offense. Finally, the offense type matters. Most misdemeanors and many felonies are eligible, but there are strict exclusions that we must navigate.

You cannot seal records for Class 1 felonies, violent or “dangerous” offenses, or crimes involving a deadly weapon or the infliction of serious physical injury. Additionally, certain sexual offenses or crimes against children are strictly ineligible for sealing. We carefully review every case to ensure our clients do not spend time and resources on petitions that the law does not allow.

How long do I have to wait to file a petition?

The clock for the waiting period starts only after you have fully completed all conditions of your sentence. If you still owe even a small amount in court fees, the clock has not started yet. We advise our clients to verify their discharge papers and payment receipts before beginning the process. Once everything is finished, the waiting periods apply.

For a Class 2 or 3 felony, the wait is 10 years. For a Class 4, 5, or 6 felony, the wait is 5 years. If you were convicted of a Class 1 misdemeanor, the wait is 3 years, and for Class 2 or 3 misdemeanors, it is 2 years. We know these wait times can feel long, but they are mandatory under the current statutes.

For those who were arrested but never charged, or those whose cases were dismissed or resulted in a “not guilty” verdict, there is generally no waiting period to file a petition to seal those records. We prioritize these cases as they often represent the most immediate opportunity for relief.

What is the process for sealing a record?

The process is not automatic; you must take proactive steps to petition the court. We handle the heavy lifting during this process to ensure accuracy. First, we determine eligibility by reviewing your record to ensure the offense is eligible and the waiting period has passed. Then, we file a formal petition in the court where you were sentenced or arrested.

The court then notifies the prosecutor’s office, which has the right to object to your request. If there is an objection, we must be prepared to argue your case. Victims are also notified and given the opportunity to provide a statement to the court. We take these steps seriously, as a judge’s decision often rests on whether they believe sealing the record is in the best interest of public safety.

If the judge approves the request, they issue an order to seal the records. We then ensure the Department of Public Safety is notified to update their systems. This final step is vital because it is what actually clears the background check databases that employers use.

Why is it important to have professional help for this process?

While you can technically file these petitions on your own, the legal system is complex. A single mistake in your paperwork, like failing to list a specific arrest or miscalculating a waiting period, can lead to an immediate denial. We have seen petitions rejected for minor clerical errors that could have been avoided with a professional review.

If your petition is denied, you may be barred from reapplying for up to three years. We work to prevent that outcome by ensuring your eligibility is correctly assessed from the start. We gather all required documentation and supporting evidence of your rehabilitation to present the strongest possible case to the judge.

Our role is to manage the procedural requirements and effectively counter any objections from the prosecutor. We aim to make the process as seamless as possible for you so that you can focus on your future rather than your past legal documents.

Conclusion

The legal landscape in Arizona has shifted in favor of second chances. Whether through the expungement of marijuana records or the sealing of other criminal histories, the opportunity to move past your mistakes is more accessible than ever before. We believe that your past does not have to dictate your future.

While the difference between expungement and sealing might seem like a technicality, the practical result is the freedom to apply for a job or a home with confidence. We are here to provide the clarity and professional support needed to navigate these laws effectively. If you are tired of your criminal record holding you back, it is time to take the next step toward a clean slate.

Hire Future First Criminal Law Today

Are you ready to leave your past behind and start a new chapter? Hire Future First Criminal Law today to begin the process of sealing your record and reclaiming your future.

FAQ: Common Questions About Arizona Record Sealing

Can I seal my record if I have multiple convictions?

Yes. Arizona law does not currently limit the number of convictions you can seal, as long as each individual offense meets the eligibility requirements and waiting periods. We evaluate each conviction separately to determine the best timeline for filing.

Do I have to tell an employer about a sealed conviction?

In most cases, no. The law specifically allows you to state that you have not been convicted of the crime. However, there are exceptions for certain jobs, such as law enforcement, the judiciary, or positions involving the care of children. We help you identify if your career path falls into one of these exceptions.

What happens if my petition is denied?

If the court denies your petition, the judge will usually provide a reason. You can typically re-apply after three years, or sooner if the judge specifically allows it in their order. We analyze denials to determine how to strengthen a future application.