Arizona Expungement Laws: Set Aside, Record Sealing, and Marijuana Expungement

Arizona historically had no true expungement, but three separate legal mechanisms now allow people to clear or limit access to their criminal records: set aside of conviction under A.R.S. § 13-905, sealing of records under A.R.S. § 13-911 (petitions accepted since January 1, 2023), and expungement of qualifying marijuana offenses under A.R.S. § 36-2862 (petitions available since July 12, 2021).

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers Arizona state law only. For a state-by-state overview, see Expungement Laws by State.

Does Arizona Have Expungement?

Arizona does not have a broad general expungement law that erases criminal records. For most offenses, the traditional remedy is a "set aside" under A.R.S. § 13-905, which allows a court to dismiss a conviction after the person completes all sentence conditions. The conviction is set aside and the person is released from most penalties and disabilities, but the underlying arrest and case records remain visible to the public, to law enforcement, and in future criminal proceedings. Two more recent statutes have added stronger options: § 13-911 authorizes sealing of many conviction records after a waiting period, and § 36-2862 authorizes true expungement of specific marijuana offenses. Understanding which remedy applies to a particular record requires distinguishing all three.

Set Aside of Conviction Under A.R.S. § 13-905

A set aside is Arizona's longest-standing post-conviction remedy. Any person convicted of a criminal offense may apply after fulfilling all conditions of probation or sentence and receiving a discharge from the court. There is no mandatory waiting period beyond completing the sentence itself. The person, their attorney, or their probation officer may file the application without paying court fees.

The court weighs several factors: the nature of the offense, compliance with probation or sentencing conditions, the existence of prior convictions, whether restitution has been paid, the time elapsed since sentence completion, the applicant's age at the time of conviction, and any other relevant circumstances. A successful set aside results in the judgment being set aside and dismissed. The person is released from "all penalties and disabilities resulting from the conviction," with limited exceptions for transportation and game violations and lifetime injunctions.

When a set aside is granted, the court may also issue a certificate of second chance. For misdemeanors, the certificate is mandatory; for Class 4 through 6 felonies, it is mandatory two years after sentence completion; for Class 2 and 3 felonies, it is mandatory five years after sentence completion (one prior felony certificate lifetime limit applies).

Read subsection M closely, because only one of the certificate's four effects runs to the applicant. It releases the person from the barriers and disabilities to obtaining an occupational license under Title 32 that resulted from the conviction, if the person is otherwise qualified. The next two effects protect other people: the certificate gives an employer of the person the liability protections of A.R.S. § 12-558.03, and gives a housing provider the protections limiting the introduction of evidence found in § 12-558.03(B). The statute then adds that the certificate is not a recommendation, sponsorship, or promotion of its holder when applying for a license, employment, or housing. In other words, the certificate makes it safer for an employer or landlord to say yes; it does not give the applicant a right against being turned down.

Firearm rights are restored upon set aside unless the person was convicted of a serious offense as defined in A.R.S. § 13-706.

Set aside is not available for people convicted of dangerous offenses, sex offender registration offenses, offenses with a sexual motivation finding, or felonies where the victim was a child under 15.

Record Sealing Under A.R.S. § 13-911

A.R.S. § 13-911 was enacted by SB 1294 during the 55th Arizona Legislature and took effect January 1, 2023. It created a distinct sealing process that goes beyond set aside: sealed records are hidden from public view and most employer background checks, not merely dismissed on paper.

Who is eligible. A person may petition to seal records if they were convicted and completed all terms and conditions of the sentence (including all monetary obligations and restitution), or if their charges were dismissed or resulted in a not guilty verdict, or if they were arrested but no charges were filed. For conviction-based petitions, the following waiting periods apply after completing all nonmonetary sentence conditions:

• 10 years for Class 2 or Class 3 felonies
• 5 years for Class 4, 5, or 6 felonies
• 3 years for a Class 1 misdemeanor
• 2 years for a Class 2 or Class 3 misdemeanor

An extra five years applies in one specific situation. Under subsection F, a person who has already had case records sealed under this section and who then commits a subsequent felony offense may petition to seal the records of that later offense only after the waiting period for that offense has expired and an additional five years have passed. The trigger is a previous sealing order followed by a new felony, not simply having a prior felony conviction on the record.

How to file. The petition is filed in the court where the case originated. The court waits at least 60 days and notifies the prosecutor and any victims before ruling, unless neither objects within that period.

What sealing does. Sealed records are not accessible in standard background checks for most private employment and housing. Sealing is not erasure, though, and two separate limits are easy to confuse.

The first is access. A sealed conviction remains usable as a prior conviction to enhance the sentence for a future felony, and subsection J keeps the file available to a fixed list: the person whose records are sealed and any attorney who has filed a notice of appearance for them, a law enforcement agency, a prosecuting agency, a probation department or other agency that prepares presentence reports, a court, the Department of Child Safety or a child welfare agency, the Department of Juvenile Corrections, the State Department of Corrections or another correctional facility, and the clerk of the court. Private employers, landlords, and financial institutions are not on that list.

The second is disclosure. Subsection I lets a person with sealed records state that they were never arrested for, charged with, or convicted of the offense, including on employment, housing, financial aid, and loan applications, but paragraph 5 carves out exceptions. The person must not deny the record when the application requires a fingerprint clearance card under Title 41, when the position involves accounting for, overseeing, transporting, handling, or managing another person's money or financial assets, or when applying for a position with a law enforcement agency, a prosecutor's office, a court, a probation department, a child welfare agency, the Department of Child Safety, the Department of Juvenile Corrections, or the State Department of Corrections. In those situations the duty to disclose falls on the applicant; the employer still gets no access to the sealed file.

Excluded offenses. The following categories cannot be sealed: dangerous offenses as defined in A.R.S. § 13-105; dangerous crimes against children under § 13-705; serious, violent, or aggravated felonies under § 13-706; offenses involving discharge, use, or threatening exhibition of a deadly weapon; offenses involving knowing infliction of serious physical injury; sex trafficking under § 13-1307; and Class 2 through 5 felonies in Chapters 14 or 35.1 of Title 13.

Marijuana Expungement Under A.R.S. § 36-2862

Proposition 207, approved by Arizona voters in November 2020, legalized recreational marijuana and enacted A.R.S. § 36-2862 itself as part of the initiative. No follow-up legislation was needed to create the process; the section came from the ballot measure directly, which is why it carries the statutory caution that 1998's Proposition 105 applies to it and limits how the legislature may change it. Beginning July 12, 2021, any person may petition the court that entered the original judgment to have their record expunged.

Eligible offenses. Expungement under § 36-2862 applies to marijuana offenses that occurred before the law's effective date and involved:

• Possession, consumption, or transportation of 2.5 ounces or less of marijuana (or up to 12.5 grams of marijuana concentrate)
• Cultivation of up to six marijuana plants at a primary residence for personal use
• Possession of marijuana paraphernalia related to cultivation or consumption

Petition process. After filing, the court notifies the prosecuting agency, which has 30 days to respond. The statute instructs the court to grant the petition unless the prosecuting agency establishes by clear and convincing evidence that the petitioner is ineligible. A hearing is held only if one is requested or if genuine factual disputes exist.

Effect of expungement. If granted, the court vacates the conviction or adjudication, expunges all arrest and charge records, restores civil rights including firearm possession rights, and directs the clerk to seal the records so they are accessible only to the petitioner or their attorney. The Department of Public Safety seals or separates the records, and agencies mark them as expunged. A person whose record is expunged under § 36-2862 may legally deny that the offense ever occurred. A denied petition may be appealed directly under A.R.S. § 13-4033.

The Department of Public Safety may charge the successful petitioner a reasonable fee to research and correct the criminal history record, but no fee may be charged to an indigent petitioner.

Comparing the Three Remedies

All three mechanisms address past criminal records but differ significantly in scope and effect:

A person may pursue more than one remedy if eligible. For example, someone with an old marijuana possession conviction might seek expungement under § 36-2862, while also seeking a set aside of a separate unrelated misdemeanor under § 13-905.

How to File in Arizona

For a set aside under § 13-905, the petition is filed in the court of conviction. Forms are typically available through the court clerk or the Arizona Courts Self-Service Center at azcourts.gov.

For record sealing under § 13-911, the petition goes to the originating court. The court must be notified and given at least 60 days before ruling. Filing fees vary by county.

For marijuana expungement under § 36-2862, the petition is filed with the court that entered the original judgment. The prosecuting agency is notified and has 30 days to respond. Forms and instructions are available through local superior courts.

Persons who are unsure which remedy applies to their situation, or whose records span multiple counties or case types, should consult a licensed Arizona criminal defense attorney before filing.

Disclaimer: This article discusses Arizona law only as of May 29, 2026. Laws change; statutes referenced here may have been amended. This article is not legal advice. Consult a licensed Arizona attorney for guidance specific to your situation.

Related Articles

• Expungement Laws by State
• DUI Expungement by State: Which States Allow It?
• How to Check If Your Record Has Been Expunged

---

RecordingLaw.com provides general legal information, not legal advice. Laws vary by jurisdiction and change frequently. Consult a licensed attorney in your state for advice about your specific situation.

More Arizona Laws

• Arizona Self-Defense Laws
• Arizona Sexting Laws
• Arizona Statute of Limitations
• Arizona Warrant Search