A felony conviction can follow you for years — affecting your job, housing, and future opportunities. Many people in Phoenix want to know if they can clear their record and move forward. Expungement is one of the most searched legal remedies for this exact situation.

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?

Expungement is a legal process that seals or erases a criminal record. In many states, a successful expungement means the conviction is treated as if it never happened. As a result, people can often answer “no” to questions about prior convictions on job applications.

However, Arizona does not have a traditional expungement law. Therefore, residents cannot simply file for expungement the way people can in other states. Instead, Arizona offers a different set of legal tools that can help people address their criminal records.

How Arizona Differs From Other States

Most states use the word “expungement” to describe sealing or erasing a record. Arizona, on the other hand, uses different legal mechanisms. Understanding the difference is important before you take any steps.

Because of this, many people in Phoenix, Scottsdale, and across the Valley are surprised to learn that standard expungement is not available here. However, that does not mean your options are limited. Arizona has created meaningful alternatives.

Arizona’s Set Aside Law: The Closest Option to Expungement

Arizona’s primary alternative to expungement is called a Set Aside. Under Arizona Revised Statutes § 13-905, a person who has completed their sentence may ask the court to set aside their conviction. This applies to many felony and misdemeanor convictions.

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:

• Convictions involving serious physical injury to a victim
• Offenses requiring sex offender registration
• Certain crimes against children
• Offenses involving the use of a deadly weapon or dangerous instrument

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.

The New Arizona Expungement Law: Prop 207 and Drug Offenses

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.

Under this law, eligible individuals may petition to have qualifying marijuana convictions expunged from their record. This includes possessing small amounts of marijuana, using marijuana, or paraphernalia-related offenses that are now legal under current Arizona law.

Who Qualifies Under Prop 207?

To qualify, the offense must involve conduct that is now legal under Arizona’s marijuana laws. For example, someone convicted of possessing a small amount of marijuana may be eligible. However, offenses involving larger quantities or sales may not qualify.

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

First, you must obtain a Set Aside from the court. Then, you can apply for a Certificate of Second Chance. Together, these tools provide a stronger path toward rebuilding your life after a felony conviction.

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

Restoring firearm rights is a separate and more involved process. Not everyone qualifies, and certain convictions permanently disqualify a person from possessing firearms under federal law. Therefore, it is critical to speak with an attorney before assuming your gun rights are restored.

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: A Set Aside, Prop 207 expungement, or Certificate of Second Chance may each apply differently.
• 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?

Arizona does not have a traditional expungement law for most felonies. However, the Set Aside process and Certificate of Second Chance provide meaningful alternatives. Additionally, Prop 207 created a true expungement process for certain marijuana offenses.

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?

A Set Aside alone does not automatically restore firearm rights. Firearms restoration is a separate legal process. Furthermore, federal law may impose restrictions that Arizona law cannot override. Speak with an attorney about your specific situation.

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.

If you are ready to explore your options, contact Guardian Law Group today to request a consultation. We are here to help you take the next step with confidence.