Does Arizona Have Expungement? What the Law Allows

Does Arizona Have Expungement?

If you have searched “how do I expunge my record in Arizona,” you have probably hit confusing, contradictory answers — and there is a reason. Arizona uses different words than most states, and the one everyone reaches for, expungement, barely exists here. The good news: Arizona does have real ways to clean up a record; they just have different names and do different things. For the step-by-step mechanics of each, our hub on clearing your Arizona criminal record walks through eligibility and filing for all of them.

For almost everything, no — and that surprises people. For most of its history, Arizona had no expungement statute at all. The concept of “expungement in Arizona” only became real in 2021, when voters passed Proposition 207 and created ARS 36-2862. That law created the state’s one and only true expungement, and it applies to a single category: prior marijuana offenses.

Under ARS 36-2862, expungement means what people expect the word to mean: the court vacates the judgment, the arrest and conviction records are expunged, civil and firearm rights are restored, and afterward you may lawfully state you were never arrested for or convicted of the offense. Eligible records include possessing, consuming, or transporting 2.5 ounces or less of marijuana (up to 12.5 grams as concentrate), cultivating six or fewer plants at your primary residence for personal use, or possessing related paraphernalia. Petitions could be filed beginning July 12, 2021. Our page on marijuana expungement in Arizona covers exactly who qualifies.

If your record is anything other than one of those marijuana offenses, expungement is simply not on the table — but that does not mean you are stuck. Arizona gives you two other tools that most people are actually looking for when they say “expungement”: set-aside and sealing.

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

They sound similar but do three very different things, and picking the wrong word sends you down the wrong path. Here is the plain-English version of each.

Expungement (ARS 36-2862) — erases the record

The only Arizona relief that actually erases a record as if the offense never happened, limited to qualifying marijuana offenses. If your record does not involve marijuana, this option simply does not apply to you.

Set-aside (ARS 13-905) — the conviction stays, but is “set aside”

A set-aside is the tool people most often mistake for expungement, and the difference is critical. Under ARS 13-905, the court vacates the judgment of guilt, dismisses the charge, and releases you from most penalties and disabilities of the conviction. But the conviction does not disappear. It stays on your record annotated “set aside,” the Department of Public Safety may not redact or remove it, and it can still be used as a prior conviction in a future case. See our page on how to set aside a conviction in Arizona for the eligibility rules.

Sealing (ARS 13-911) — hides the record from the public

Sealing is Arizona’s newest and, for many people, most powerful option. Effective in 2023, ARS 13-911 lets you seal your arrest, charge, conviction, and sentencing records so they are hidden from public view, including most employer and landlord background checks. Law enforcement, prosecutors, and courts can still see a sealed record, but the public cannot — and after sealing you may lawfully state that you were never arrested for or convicted of that offense. Our guide to sealing a criminal record in Arizona lays out the waiting periods and process.

A fourth tool rides along with a set-aside: the certificate of second chance, issued under ARS 13-905 when a court sets aside a conviction. It does not hide a record — instead it lifts many occupational-licensing barriers and protects employers and landlords from negligent-hiring liability, making it easier to work and rent. See our page on the Arizona certificate of second chance for details.

How Do the Four Record-Clearing Tools Compare?

This table lines up all four side by side — what each one actually does, who tends to qualify, and, most importantly, what a background check shows afterward. Use it to spot which path fits your record, then click through for the detailed eligibility rules.

Why Does the Difference Matter?

Because using the wrong tool can leave your record exactly as exposed as before. Picture two people with the same old misdemeanor. One gets a set-aside and assumes the record is now “clean” — then loses an apartment because the conviction still showed up on the landlord’s background check, notation and all. The other seals the record under ARS 13-911, and it simply does not appear. Same offense, very different outcomes.

The distinctions that trip people up most:

• “Set aside” is not “erased.” A set-aside is meaningful relief — it can restore rights and shows a court gave you a second look — but the conviction stays visible on background checks. If your goal is to keep a record off a background check, sealing is usually the tool, not set-aside.
• Sealing is not expungement. Sealed records still exist and are still visible to law enforcement, prosecutors, courts, and for certain sensitive jobs and firearms determinations. Sealing hides a record from the public; it does not destroy it.
• Expungement is marijuana-only. Any service promising to “expunge” a non-marijuana Arizona record is using the word loosely — what they can actually pursue is a set-aside or a sealing.

Getting the vocabulary right is not pedantry: it determines which petition you file, what waiting period applies, and whether a future employer or landlord ever sees the record.

How Do You Pick the Right Path to Clear Your Record?

Start with the record itself, then match it to the tool. The right choice — and it is often more than one — depends on what the offense was, how much time has passed, and what you are trying to accomplish.

Start with the type of offense

If it is a qualifying marijuana offense, expungement under ARS 36-2862 is almost always the goal, because nothing else erases the record outright. For everything else, you are choosing between sealing, set-aside, or both.

Then ask what you are trying to fix

If the problem is a background check — jobs, housing, professional applications — sealing under ARS 13-911 is usually the strongest tool, because it removes the record from most private checks. If the problem is a specific penalty or disability of the conviction (or you want a certificate of second chance to clear a licensing barrier), a set-aside under ARS 13-905 may be the better or additional move.

Check the timing

Sealing has waiting periods that run from completion of your sentence — two years for class 2-3 misdemeanors, three years for class 1 misdemeanors, five years for class 4-6 felonies, and ten years for class 2-3 felonies — while dismissed charges or acquittals can often be sealed without the wait. Knowing where you fall on that calendar tells you what is available today versus later.

Combine them when it helps

These tools are not mutually exclusive. Many people set aside a conviction, request a certificate of second chance at the same time, and later seal the record. Sequencing them correctly is where an experienced eye pays off. The clear-your-record hub maps each option, and the firm at Tamou Law Group can tell you which combination fits your record.

How Tamou Law Group Helps You Clear Your Record

Record-relief work starts with an honest eligibility check, not a sales pitch. We pull your record, confirm exactly what is on it, and tell you which of the four tools — expungement, sealing, set-aside, certificate of second chance, or a combination — will actually move the needle, and when you become eligible for each. From there we prepare and file the petitions, cite the right statute, address any prosecutor objection, and sequence multiple forms of relief so they build on each other. Our team includes former prosecutors, law enforcement officers, and public defenders who know how Maricopa County courts handle these petitions from the inside. Call 623-321-4699 for a confidential record review.