Arizona Expungement Laws: Set Aside, Record Sealing, and Marijuana Expungement
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). The certificate removes occupational licensing barriers under Title 32 and provides employment and housing protections for the applicant. 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
If the person has a prior historical felony conviction, an additional five-year waiting period applies before petitioning to seal records for a subsequent offense.
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. However, sealed records remain usable as a prior conviction to enhance the sentence for a future felony, and they remain accessible for applications for fingerprint clearance cards, positions in law enforcement, corrections, child welfare, financial institutions, and other roles involving vulnerable populations.
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 directed the legislature to create a process for expunging past marijuana convictions. A.R.S. § 36-2862 codifies that process. 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:
| Set Aside (§ 13-905) | Sealing (§ 13-911) | Marijuana Expungement (§ 36-2862) | |
|---|---|---|---|
| Record visibility | Remains public; shows as "set aside" | Hidden from most searches | Fully expunged; not public |
| Waiting period | None beyond sentence completion | 2 to 10 years post-discharge | No waiting period |
| Eligible offenses | Most, with exclusions | Most, with exclusions | Qualifying marijuana offenses only |
| Firearm rights | Restored (except serious offenses) | Not addressed in statute | Restored |
| Deny offense occurred | No | Yes (with exceptions) | Yes |
| Available since | Long-standing | January 1, 2023 | July 12, 2021 |
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.
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Sources
The following official sources were consulted to verify the information in this article.
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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.