Expunging or Sealing a Felony in Arizona

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.

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.

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.