For a Tempe misdemeanor conviction, first distinguish a set aside from record sealing. A set aside annotates the record rather than erasing it; sealing has separate eligibility, timing and disclosure rules. Gather the judgment, sentence-completion documents and complete case history before deciding which remedy may fit.
Expungement misdemeanor relief is a topic many people search for after a conviction. Arizona’s approach to clearing criminal records is different from many other states. Understanding how it works is the first step toward moving forward.
This post explains what Arizona law allows, who may qualify, and what the process generally looks like. This is general educational information, not legal advice. Every situation is different, and you should speak with a licensed attorney about your specific case.
Does Arizona Have Traditional Expungement?
Arizona provides different remedies for different records. A.R.S. § 13-905 governs setting aside a judgment, while § 13-911 governs sealing eligible records. Do not use “expungement” as though those two processes have identical effects.
A set-aside does not erase your conviction. Instead, the court vacates the judgment and dismisses the charges. The conviction still appears on your record, but it shows as “set aside.” This distinction matters when employers or landlords run background checks.
In 2023, Arizona also introduced a new process closer to true expungement for certain qualifying offenses. This newer option allows some people to have records sealed. Because the law continues to evolve, speaking with a criminal defense attorney is especially important.
Set-Aside vs. Record Sealing in Arizona
The remedies have different eligibility rules and effects. A set-aside application requires completion of sentence or probation conditions and discharge, subject to § 13-905(P). Sealing requires separate review under § 13-911, including any waiting period, monetary obligations and exclusions; it is not a guarantee that every recipient must ignore the record.
Record sealing in Arizona became available under A.R.S. § 13-911, which took effect in 2023. Therefore, residents in Tempe, Mesa, Scottsdale, and Phoenix now have more options than they did just a few years ago.
Not every conviction qualifies for sealing. Certain serious offenses are excluded by law. Additionally, waiting periods apply before you can petition the court.
Who May Qualify for a Set-Aside in Arizona?
Most people who complete their sentence for a misdemeanor conviction in Arizona can apply for a set-aside. This includes completing probation, paying fines, and finishing any required classes or community service.
However, some convictions are not eligible. These generally include:
- A dangerous offense
- Offenses requiring sex offender registration
- An offense with a finding of sexual motivation
- A felony offense with a victim under 15
If your misdemeanor does not fall into an excluded category, you likely have a path forward. Furthermore, judges have some discretion when reviewing these petitions.
Factors Courts Consider
When you petition for a set-aside, the court looks at several factors. First, it examines the nature of the offense and the circumstances surrounding it. Next, it considers your behavior since the conviction.
Courts also look at whether you completed all terms of your sentence. Additionally, they consider the impact on the victim, if applicable. Finally, the court weighs the potential benefit to you against any risk to public safety.
A strong petition addresses each of these factors clearly and honestly. Because of this, having an attorney guide you through the process can make a real difference in the outcome.
Who May Qualify for Record Sealing in Arizona?
Arizona’s newer record sealing law gives eligible individuals the chance to keep their record hidden from most background checks. This is closer to what people traditionally think of as expungement.
To qualify, you generally must meet these requirements:
- You completed your sentence, including probation and payment of fines
- A required waiting period has passed after case completion
- Your offense is not among the excluded categories listed in state law
- You have not been convicted of certain serious offenses
For an eligible conviction, § 13-911(E) generally sets a three-year period for a Class 1 misdemeanor and two years for a Class 2 or 3 misdemeanor, measured from completion of nonmonetary conditions and discharge. Subsection (G) also requires payment of fines, fees and restitution when filing. Have counsel check the complete history and applicable provisions before calculating a filing date.
What Record Sealing Does and Does Not Do
A sealing order limits access, but § 13-911 preserves specified uses and disclosure exceptions. Check the exact application and job duties rather than assume every employer or licensing body must treat the record as nonexistent. Keep a copy of the order and ask counsel what may still need to be disclosed.
On the other hand, sealed records are still accessible to law enforcement and courts. Additionally, certain government agencies and licensing boards for sensitive professions may still access sealed records. In those cases, you may still need to disclose the conviction.
Moreover, sealing your record does not restore firearm rights or automatically restore other civil rights. Those require a separate legal process in Arizona.
Steps to Pursue Set-Aside or Record Sealing in Tempe
The process for seeking relief begins with reviewing your eligibility. You should gather your case information, including the case number, conviction date, and sentence details.
Identify the proper filing court from the case records and the remedy sought. For sealing, § 13-911(C) specifies different filing routes for convictions, dismissed charges and arrests without filed charges. Do not select Superior Court merely because a misdemeanor arose somewhere in Maricopa County.
Then the court reviews your petition. A hearing may or may not be required depending on the type of relief requested. The prosecutor may also have an opportunity to respond to your petition.
What to Include in Your Petition
A well-prepared petition includes your personal information, case details, and reasons why relief is appropriate. It also shows that you have completed all terms of your sentence.
Supporting documents can strengthen your petition. For example, letters from employers, proof of community involvement, or evidence of rehabilitation can help. Because of this, taking time to prepare a thorough petition is worthwhile.
If the court grants your set-aside or sealing, the record is updated accordingly. Arizona courts also notify relevant agencies so the record reflects the change.
How This Affects Your Life in the Phoenix Area
A set-aside or sealed record can open doors that a conviction closes. Many employers in Phoenix, Scottsdale, Mesa, and Glendale conduct background checks before hiring. A conviction that appears set-aside may be viewed more favorably.
Additionally, housing applications often require background checks. Landlords frequently deny applicants with criminal records. Clearing your record—even partially—can improve your chances of finding stable housing.
Professional licensing boards also consider criminal history. Fields like healthcare, education, and real estate may require disclosure of past convictions. Therefore, addressing your record proactively can protect your career options.
Do not assume record relief resolves every civil-rights issue. Review the particular judgment, relief order and any other disqualifying convictions with counsel; record visibility and rights restoration are separate questions.
Frequently Asked Questions About Expungement in Arizona
Does Arizona have true expungement for misdemeanors?
For an Arizona misdemeanor, ask whether set aside under § 13-905, sealing under § 13-911, or another offense-specific remedy applies. A set aside does not erase the conviction, and sealing retains statutory exceptions. The charge, disposition and completed requirements matter.
How long do I have to wait before applying?
Waiting periods vary by offense type and classification. For many misdemeanors, the waiting period after completing your sentence is shorter than for felonies. Speaking with an attorney helps you determine exactly when you become eligible.
Will a set-aside remove the conviction from my background check?
A set-aside does not remove the conviction. Instead, it updates the record to show the conviction was set aside and the charges were dismissed. Many employers and landlords view this more favorably than an unresolved conviction.
Can I seal my record if I have multiple convictions?
Having multiple convictions may affect your eligibility for record sealing. The law considers your full criminal history when determining qualification. An attorney can review your complete record and advise you on your options.
Does clearing my record restore my right to own a firearm?
The remedies differ. Section 13-905(O) restores firearm rights when a conviction is set aside, except for a serious offense as defined in § 13-706. That does not resolve other state or federal prohibitions or other convictions. Do not possess a firearm based only on a general description of set aside or sealing; obtain an individual legal assessment.
Talk to a Criminal Defense Attorney in Phoenix
Navigating Arizona’s record relief laws can be confusing. The rules around expungement misdemeanor relief have changed in recent years, and more changes may follow. Because of this, getting accurate, current guidance is essential.
For a criminal-record consultation, organize the judgment, discharge order, proof of completed obligations and every related case number. Ask what type of review or representation is appropriate before assuming that a petition can be filed or granted.
We understand how much a criminal record can affect your future. Therefore, we focus on giving you clear answers and a practical path forward. Whether you are just starting to explore your options or ready to file a petition, we are here to help.
Bring the actual record and identify the background-check or disclosure question you need to answer. A consultation should distinguish eligibility, filing requirements and the limits of any potential relief. Guardian Law Group’s criminal defense team can review the documents and discuss the next step.
This content is general information only and is not a substitute for advice from a licensed attorney about your specific situation.