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How Do You Expunge Criminal Records in Arizona?

How Do You Expunge Criminal Records in Arizona?

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

5.0 · Criminal Defense

Arizona didn’t allow true expungement for years—here’s how the state’s newer record-sealing process actually works and who qualifies to put a past charge behind them.

Recognized By

NTL Top 100 Trial LawyersNTL Top 40 Under 40 Trial LawyersElite Lawyer 2026 Criminal Defense2025 Super Lawyers SouthwestNational College For DUI DefenseDUI Defense Lawyers Association
Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

★★★★★ 5.0 · Criminal Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC.

As Seen On

As Seen On NBC News, USA Today, Digital Journal, AZ Central, Lamar, ABC News, Fox News

Recognized By

NTL Top 100 Trial LawyersNTL Top 40 Under 40 Trial LawyersElite Lawyer 2026 Criminal DefenseNational College For DUI DefenseDUI Defense Lawyers Association2025 Super Lawyers Southwest

Section 1: Understanding Expungement in Arizona

Having a criminal record can be a significant barrier to various opportunities in life, including employment, housing, and education. Fortunately, the state of Arizona provides a legal process called “expungement” to help individuals clear their criminal records and move forward with a fresh start. Expungement, also known as “setting aside” a conviction, allows eligible individuals to have certain criminal records sealed from public view.Under Arizona law, expungement is governed by Arizona Revised Statutes (A.R.S.) § 13-907. This statute outlines the eligibility criteria and the process involved in expunging records. To ensure a successful expungement process, it’s essential to understand the requirements and seek legal guidance.

Section 2: Eligibility for Expungement in Arizona

Expungement is not available for all criminal offenses, and eligibility depends on the nature of the conviction. Generally, the following criteria must be met for an individual to be eligible for expungement:1. Completion of Sentence: The individual must have successfully completed all terms of their sentence, including probation, parole, or any other court-ordered requirements.2. Waiting Period: Arizona law requires a waiting period before applying for expungement. Misdemeanor offenses typically have a two-year waiting period, while felony offenses may have a longer waiting period, such as five years.3. No New Convictions: During the waiting period, the individual must have maintained a clean record and not been convicted of any new offenses.

Section 3: The Expungement Process

The process of expunging records in Arizona involves several steps, and it is recommended to seek legal counsel to navigate the complexities effectively. For residents in Phoenix and Tucson, the following steps outline the general process:1. Determine Eligibility: Before proceeding with the expungement process, individuals must determine their eligibility. They can consult with an experienced attorney who is experienced in criminal record expungement, like Tamou Law Group. With their experiencedise and knowledge of Arizona laws, they can assess the specific case and guide the client accordingly.2. Filing the Petition: Once eligibility is confirmed, the individual or their attorney will file a petition for expungement in the court where the original conviction occurred. The petition must include all relevant details, such as the case number, offense, and completion of the sentence. Tamou Law Group has a dedicated team of legal professionals who can efficiently handle the paperwork and ensure that all necessary information is included in the petition.3. Serving Notice: After filing the petition, notice of the expungement request must be served to all relevant parties, including the prosecutor’s office. This step ensures that all parties involved are aware of the expungement process. Tamou Law Group can handle the communication with the involved parties, saving the client time and effort.4. Prosecutor’s Response: The prosecutor’s office will have an opportunity to respond to the expungement petition. They may support or oppose the request based on the nature of the offense and the individual’s behavior since the conviction. Tamou Law Group can effectively argue in favor of expungement, presenting compelling evidence and legal arguments.5. Court Hearing: In some cases, a court hearing may be scheduled where the judge will review the petition and hear arguments from both sides. The judge will make a decision based on the evidence presented. Tamou Law Group can represent the client in court and advocate for the expungement, ensuring that the client’s rights are protected throughout the process.

Section 4: Expungement in Phoenix and Tucson

In Phoenix and Tucson, the process of expunging records follows the same general guidelines as in other parts of Arizona. However, it’s essential to understand the local procedures and specific requirements that may apply.1. Phoenix: In the bustling city of Phoenix, residents looking to expunge their criminal records can rely on Tamou Law Group for experienced legal representation. With their in-depth knowledge of the Maricopa County courts and local laws, they can navigate the expungement process efficiently, helping clients clear their past and embrace new opportunities.2. Tucson: Tucson residents can also benefit from the legal experiencedise of Tamou Law Group when seeking expungement. As a reputable law firm with experience in the Pima County courts, they understand the intricacies of expungement procedures in Tucson, guiding clients step-by-step towards a brighter future.

Conclusion: A Fresh Start for a Brighter Future

Expunging a criminal record in Arizona is a crucial step toward rebuilding one’s life and gaining access to new opportunities. The process, while complex, can lead to a fresh start and a brighter future. Residents of Phoenix and Tucson seeking expungement should consider seeking professional legal guidance from Tamou Law Group to increase their chances of success. By understanding the eligibility criteria and following the appropriate steps, individuals can take control of their past and pave the way for a better tomorrow. Remember, expungement is a powerful tool that can offer a second chance and open doors that were once closed. Contact Tamou Law Group at 623-321-4699 to schedule a consultation and begin the journey towards a brighter future today.

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Common Questions

Frequently Asked Questions

Can you get a criminal record expunged in Arizona?

Yes, Arizona now allows most people to seal criminal records under A.R.S. § 13-911, and eligible marijuana offenses can be fully expunged under A.R.S. § 36-2862. Sealed records are hidden from public view and most background checks, though courts and law enforcement retain limited access.

How long do you have to wait to seal a criminal record in Arizona?

Arizona’s waiting periods under A.R.S. § 13-911 run from completion of your sentence: two years for low-level misdemeanors, three years for class 1 misdemeanors, five years for class 4 through 6 felonies, and ten years for class 2 or 3 felonies. Any new conviction restarts the clock.

What is the difference between sealing and setting aside a conviction in Arizona?

Sealing under A.R.S. § 13-911 hides the record from public view and most background checks, while a set-aside under A.R.S. § 13-905 dismisses the conviction but leaves the record visible with a notation. Many Arizonans pursue both remedies together for the strongest protection.

Is felony expungement available in Arizona?

Yes, most Arizona felony convictions can be sealed under A.R.S. § 13-911 after a five- or ten-year waiting period, depending on the felony class. Serious offenses, including dangerous crimes, sex offenses requiring registration, and dangerous crimes against children, are not eligible for sealing.

How much does it cost to expunge or seal a record in Arizona?

Court filing costs for an Arizona record-sealing petition are minimal, but attorney fees typically range from about one thousand to three thousand dollars depending on the case’s complexity and number of convictions. An eligibility consultation can confirm the exact scope and cost before you file anything.

Does a sealed record show up on a background check in Arizona?

No, a record sealed under A.R.S. § 13-911 will not appear on most standard employment, housing, or financial background checks, and you may lawfully deny the arrest or conviction in most situations. Exceptions apply for law enforcement, fingerprint clearance cards, and certain licensed professions.

Can a prosecutor object to sealing a criminal record in Arizona?

Yes, the prosecutor and any victim must be notified of your sealing petition and may file an objection, which can trigger a court hearing before the judge rules. The court grants sealing only when it serves the interests of justice, so strong legal argument matters.

Who qualifies for marijuana expungement in Arizona?

Anyone arrested for, charged with, or convicted of possessing 2.5 ounces or less of marijuana, six or fewer plants, or related paraphernalia can petition for full expungement under A.R.S. § 36-2862, no matter how old the case is. Tamou Law Group handles sealing and expungement petitions statewide. Call 623-321-4699, 24/7.

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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.

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