Arizona Expungement Laws: How to Clear or Seal a Criminal Record

Arizona offers three main kinds of relief: (1) "record sealing," which closes arrest, conviction and sentencing records to the public; (2) "set-aside," which sets aside the judgment of guilt and dismisses the case but leaves the record visible with a notation, and may include a "certificate of second chance"; and (3) "expungement" of certain past marijuana offenses. A person who was wrongfully arrested or charged can also ask the superior court to note on the records that the person has been cleared. Pardons are handled through the Board of Executive Clemency and the governor.

A person may petition to seal all case records if the person was arrested and no charges were filed, or was charged and the charge was dismissed or ended in a not-guilty verdict. There is no waiting period for these petitions. The petition is filed in the court where the charges were filed, the court of initial appearance, or (if there was no appearance) the superior court in the county of arrest. Separately, a person who was wrongfully arrested, indicted or charged may petition the superior court for a notation that the person has been cleared; after a hearing the court may also bar release of those records except by court order.

Sealing: after completing all nonmonetary sentence terms and being discharged, a person may petition to seal a class 1 misdemeanor after three years, a class 2 or 3 misdemeanor after two years, and a petty offense immediately. All fines, fees and restitution must be paid when the petition is filed. Set-aside: after completing probation or sentence, a person may apply to set aside a misdemeanor conviction, and a granted set-aside for a misdemeanor must include a certificate of second chance. Excluded offenses are listed under felony eligibility.

Sealing: a class 4, 5 or 6 felony may be sealed five years after completing the nonmonetary terms of the sentence and discharge, and a class 2 or 3 felony after ten years. A later felony after a sealing adds five more years. Not eligible for sealing: dangerous offenses, dangerous crimes against children, serious offenses and violent or aggravated felonies, offenses involving use or threatening display of a deadly weapon or knowing infliction of serious physical injury, sex trafficking, and class 2-5 felonies in the sexual offense and child sexual exploitation chapters. Set-aside: available after completing the sentence, except for dangerous offenses, offenses requiring sex-offender registration, offenses with a finding of sexual motivation, and felonies against a victim under 15; a certificate of second chance is included two years after completion for a class 4-6 felony or five years for a class 2-3 felony, and only one such certificate for a felony set-aside is allowed.

Yes. DUI offenses are not on the list of offenses barred from sealing. The law says sealed records may still be used to enhance the sentence for a later DUI, and a person with sealed DUI records must disclose them when applying for jobs involving operating a motor vehicle, boat or airplane. A set-aside does not lift license penalties imposed by the Department of Transportation.

A person 18 or older who was adjudicated delinquent or incorrigible may apply to have juvenile court and Department of Juvenile Corrections records destroyed if the offense was not one of the serious offenses that are transferred to adult court or a motor vehicle offense under Title 28, chapter 4, the person has no felony conviction, no pending charge, completed probation or treatment, paid restitution, and is not required to register as a sex offender. A person not eligible at 18 may apply at age 25 if the court finds destruction would further rehabilitation. The clerk may not charge a filing fee, and the county attorney may object.

Sealing: file a petition to seal case records in the court of conviction (or the court where charges were filed or dismissed). The clerk sends a copy to the prosecutor; the court generally waits 60 days unless the prosecutor and victims say they do not object, and may rule without a hearing unless one is requested. The court asks the Department of Public Safety for a criminal history report and grants the petition if it is in the best interests of the petitioner and public safety. After a denial, a new petition cannot be filed for three years. Set-aside: the person, attorney or probation officer applies to the sentencing court; the state or victim has 30 days to object, and the court considers the offense, compliance with the sentence, other convictions, victim input, time elapsed and age.

The clerk may not charge a filing fee for an application to set aside a conviction. For sealing, the Department of Public Safety may charge a fee for its background investigation and a fee to correct the criminal history after sealing is granted, but not if the petitioner is indigent or the case ended in dismissal, acquittal or no charges.

Sealing: the person may state in all instances that he or she was never arrested for, charged with or convicted of the sealed crime, including on employment, housing, financial aid and loan applications, with exceptions (for example, fingerprint clearance card applications, jobs with law enforcement, courts or child welfare agencies, and certain jobs related to the type of offense). Sealed records remain available to courts, police, prosecutors and others listed in the law, and can be used as prior convictions. Set-aside: the conviction is dismissed and most penalties and disabilities are lifted, but the Department of Public Safety only annotates the record and does not remove it; firearm rights are restored unless the offense was a serious offense. A certificate of second chance removes occupational licensing barriers and gives employers and landlords certain liability protections. Immigration authorities may treat sealed or set-aside convictions differently.

The governor grants pardons, but only on the recommendation of the Board of Executive Clemency. For offenses committed on or after January 1, 1994, the board receives petitions for pardons in extraordinary cases and may make recommendations to the governor.

Since July 12, 2021, a person may petition to expunge records of an arrest, charge, conviction or sentence for conduct before the law took effect involving possession, use or transport of 2.5 ounces or less of marijuana (no more than 12.5 grams of concentrate), up to six plants at home for personal use, or marijuana paraphernalia. The prosecutor has 30 days to respond, and the court must grant the petition unless the prosecutor proves ineligibility by clear and convincing evidence. If granted, the conviction is vacated, civil rights including firearm rights are restored, the records are sealed, and the person may state that he or she was never arrested, charged or convicted. Prosecutors and the attorney general may also file on a person's behalf.

The Arizona Department of Public Safety (AZDPS) Central State Repository keeps Arizona criminal history records, and under A.R.S. 41-1750 the subject of a record may review it to check its accuracy and completeness. Have a full set of rolled fingerprints taken by an official at a law enforcement agency, with your identifying information and "RECORD REVIEW" written as the reason fingerprinted; complete the Record Review Contact Information Sheet; and mail them to AZDPS Central State Repository Section, P.O. Box 18450, Mail Drop 3110, Phoenix, AZ 85005-8450. A copy of any existing Arizona record is mailed (or emailed, if you give an address) within about two weeks. Questions: (602) 223-2229.