Arizona felony expungement options are not one universal record-clearing process. Compare record sealing under § 13-911, a set-aside under § 13-905 and expungement for qualifying marijuana conduct under § 36-2862. Each has different eligibility rules and effects. For a Phoenix conviction, the exact offense, final judgment and sentence-completion history determine which questions to ask.
However, Arizona’s approach to expungement is different from most other states. Understanding what the law actually allows is the first step. This post breaks down what expungement means in Arizona, what options may be available to you, and how a criminal defense attorney can help.
This is general educational information only. It is not legal advice about your specific situation. Always consult a licensed attorney for guidance on your individual case.
What Is Expungement?
The word “expungement” is often used loosely to mean clearing a record. In Arizona, identify the specific remedy before assuming what changes: the judgment’s status, public access to case records, or the consequences of qualifying marijuana conduct. A relief order does not necessarily affect every record or every legal restriction in the same way.
Arizona provides distinct statutory routes, not a single petition that erases every felony. A.R.S. § 13-911 allows eligible case records to be sealed, § 13-905 governs set-asides, and § 36-2862 covers specified marijuana conduct. Eligibility for one does not establish eligibility for another.
Record Sealing Is Different From a Set-Aside
Sealing under § 13-911 can limit public access to eligible case records, but it has waiting periods, exclusions and permitted uses of sealed records. Its application-answer provisions also have exceptions. Do not assume that a sealing order allows a “no” answer to every employer, licensing agency or government question.
Gather the judgment, sentencing order, discharge or completion documents and any prior relief orders. Then identify the goal: a corrected background report, restricted public access, an occupational-license issue or a rights question. Different goals may require different legal analysis.
Arizona Set-Asides: Updating the Judgment, Not Erasing It
Under § 13-905, an eligible person may apply to set aside a judgment after fulfilling the conditions of probation or sentence and being discharged by the court. A set-aside is a distinct remedy, not a substitute label for sealing. Review the statutory exclusions and the court’s order before assuming eligibility.
A Set Aside does not erase the record entirely. Instead, it changes the status of the conviction. The court vacates the judgment of guilt and dismisses the charges. However, the record still exists and may still appear on background checks.
What a Set Aside Can Do for You
Even though a Set Aside does not fully erase a record, it can still make a meaningful difference. Here is what it may help with:
- Showing courts and employers that you completed your sentence and moved forward
- Restoring certain civil rights, such as the right to possess a firearm in some cases
- Improving your standing during background checks in some employment contexts
- Demonstrating rehabilitation to licensing boards or housing providers
Furthermore, a Set Aside signals to the court and the public that you took responsibility and followed through. Many employers and landlords view this favorably, even though the record is still visible.
Who May Qualify for a Set Aside?
Not every conviction is eligible. Arizona law excludes certain offenses from the Set Aside process. Generally, disqualifying offenses include:
- A dangerous offense
- An offense requiring or ordered registration under § 13-3821
- An offense with a finding of sexual motivation under § 13-118
- A felony offense in which the victim was under fifteen years of age
Additionally, you must have completed all terms of your sentence, including probation, fines, and restitution. A criminal defense attorney can review your specific conviction and tell you whether you may qualify.
Marijuana Expungement Under § 36-2862
In 2020, Arizona voters passed Proposition 207, which legalized recreational marijuana. Moreover, it created a process that functions similarly to expungement for certain marijuana-related offenses. This is one of the few true expungement-style remedies available in Arizona.
Section 36-2862 lists the covered marijuana conduct and limits, including specified possession, consumption or transportation, certain personal-use plants and related paraphernalia. It applies to qualifying conduct before the statute’s effective date. Compare the actual conduct and case record with the statute, not just the conviction’s label.
Who Qualifies Under Prop 207?
Do not assume that every marijuana conviction qualifies, or that eligibility is identical to what is currently lawful. Review the amount, any concentrate, plant or paraphernalia allegation, the conduct date and the underlying record with counsel. Section 36-2862 sets the relevant categories and limits.
This process is a genuine expungement — not just a Set Aside. As a result, qualifying records can be sealed more completely. If you have a marijuana-related conviction in Phoenix, Mesa, Tempe, or Glendale, this law may apply to you.
Certificate of Second Chance: A Newer Arizona Tool
Arizona also offers a Certificate of Second Chance for people who have received a Set Aside. This certificate can help people with felony convictions pursue employment and professional licenses. It is a newer legal tool designed to reduce barriers for people re-entering the workforce.
Additionally, the certificate may protect employers who hire someone with a criminal record from certain legal liability. Because of this, some employers are more willing to consider applicants who hold this certificate.
How the Certificate Works
Under § 13-905(K)-(N), a certificate of second chance may be included in the set-aside order when the statutory requirements are met. A later application can be available if the certificate was not included and the person qualifies. Check the offense class, required elapsed time and prior certificate history rather than assuming two separate filings are always required.
This process may be especially valuable if you are pursuing a professional license in fields like healthcare, real estate, or contracting. However, eligibility depends on the specific conviction and the licensing board involved.
Restoring Civil Rights After a Felony in Arizona
A felony conviction in Arizona can result in the loss of certain civil rights. These include the right to vote, the right to hold public office, and in many cases, the right to possess a firearm. However, Arizona law provides a process to restore these rights.
For a first felony conviction, civil rights are typically restored automatically upon completion of probation or absolute discharge from prison. For multiple felonies, the process is more complex and often requires a court petition.
Firearms Rights Restoration
Section 13-905(O) provides firearm-rights restoration when a conviction is set aside, but excludes a serious offense as defined in § 13-706. That does not establish that a particular person may lawfully possess a firearm under every applicable law. Have counsel review the order, the complete conviction history and any other restrictions before relying on a restoration claim.
People across Phoenix, Scottsdale, and the surrounding communities often ask about this topic. An experienced attorney can clarify exactly where you stand based on your specific conviction history.
Steps to Take if You Want to Clear Your Record
If you are considering any of these options, here is a general overview of how to approach the process:
- Review your conviction history: Gather court records and understand exactly what you were convicted of and when.
- Confirm you completed your sentence: All probation, fines, and restitution must be paid and completed.
- Determine which option applies: Compare sealing, a set-aside, marijuana expungement and any certificate or rights issue separately.
- Consult a criminal defense attorney: An attorney can assess your eligibility and guide you through the correct process.
- File the appropriate petition: Each process requires court filings, specific forms, and often a hearing.
Taking these steps in the right order can make a significant difference in the outcome. Moreover, having legal representation improves your ability to present a compelling case to the court.
Frequently Asked Questions About Expungement in Arizona
Can I expunge a felony conviction in Arizona?
There is no universal expungement route for every felony. Depending on the offense and record, counsel may assess sealing under § 13-911, a set-aside under § 13-905, or marijuana expungement under § 36-2862. These remedies differ in eligibility, public access and continuing legal effects.
How long does the Set Aside process take?
Timelines vary depending on the court and the complexity of your case. Generally, the process can take several weeks to a few months. An attorney can help you file correctly and avoid unnecessary delays.
Will a Set Aside remove my conviction from background checks?
Not entirely. The conviction will still appear, but its status will reflect the Set Aside. Many background check services note this distinction, which can be viewed more favorably by employers and landlords.
Does a Set Aside restore my gun rights?
Section 13-905(O) provides restoration with a set-aside except for a serious offense as defined in § 13-706. Do not treat that provision as permission to possess a firearm without reviewing all applicable restrictions and the full record with counsel. The court order and the person’s other legal circumstances matter.
Can I apply for a Set Aside on my own, without an attorney?
You may be able to file on your own in some cases. However, mistakes in the process can delay or derail your petition. An experienced attorney can help you navigate the paperwork, hearings, and legal requirements more effectively.
Talk to a Phoenix Criminal Defense Attorney About Your Options
Dealing with a felony conviction on your record is stressful. However, Arizona law provides real tools that can help you move forward. The right option depends on your specific conviction, sentence history, and goals.
At Guardian Law Group, our criminal defense attorneys help people across Phoenix, Mesa, Tempe, Scottsdale, and Glendale understand their rights and explore every available legal option. We review your record carefully and explain what steps may apply to your situation.
Bring the judgment, sentencing and discharge records, payment or restitution records, prior relief orders and the background report or application that prompted your concern. Contact Guardian Law Group to discuss which Arizona record-relief route may address your Phoenix case.