What’s the Difference Between Expungement, Record Sealing, and Set Aside in Arizona?

Clearing your criminal record can open doors - to employment, housing, and peace of mind - but in Arizona, the process can be confusing.

Unlike many states, Arizona does not offer traditional expungement for most offenses. Instead, individuals can apply to seal their criminal records or have their conviction set aside, depending on the type of case and outcome.

Understanding the difference between these two options is key to choosing the right path toward a clean slate.

1. What Is Expungement in Arizona?

Expungement is the complete destruction or removal of a criminal record, as if it never existed.

In Arizona, this process is extremely limited - it only applies to certain marijuana-related offenses under the Smart and Safe Arizona Act (Proposition 207).

If your offense involved the possession, consumption, or transportation of small amounts of marijuana, you may be eligible to have it expunged entirely.

For all other convictions, expungement is not available in Arizona law.

2. What Is Record Sealing?

Record sealing allows individuals to hide their criminal records from public view.

This means potential employers, landlords, and most members of the public cannot access your case history through standard background checks.

However, law enforcement and certain agencies (like the courts or licensing boards) can still see sealed records.

You may be eligible to seal your record in Arizona if:

• You were acquitted or charges were dismissed.
• You completed your sentence and have had no further legal issues.
• You have waited the required amount of time (which varies by offense).

Key benefit:

Once sealed, you can legally state that you have not been arrested or convicted for the offense in most situations.

Important limitation:

The record still exists - it’s just hidden from public access.

3. What Does It Mean to Have a Conviction “Set Aside”?

When a conviction is set aside, the court officially vacates the judgment of guilt and dismisses the charges, showing that you have fulfilled all court requirements.

This process does not hide or erase the record, but it updates it to reflect that the case was successfully completed.

A set aside can apply to many felony and misdemeanor convictions in Arizona, except for:

• Serious violent or sexual offenses
• Crimes involving the use of deadly weapons
• Crimes against minors

Key benefit:

Having a conviction set aside demonstrates rehabilitation - it can greatly improve employment, housing, and licensing opportunities.

Important limitation:

The record remains public, but it will show a note that the conviction has been set aside and dismissed.

4. Record Sealing vs. Set Aside: A Side-by-Side Comparison

Feature

Record Sealing

Set Aside

Availability

Most offenses after a waiting period

Most offenses (some exceptions)

Effect on Record

Hides record from public access

Keeps record public but marks as dismissed

Public View

Hidden from employers and background checks

Visible, but shows dismissal

Eligibility

After successful completion and waiting period

After sentence completion

Purpose

Privacy and protection from discrimination

Rehabilitation and second chances

Example

Record is no longer visible in background searches

Record still appears, but shows you’ve fulfilled all conditions

5. Which Option Is Right for You?

If your goal is to protect your privacy and keep your past off background checks, record sealing is the better option.

If you want to show rehabilitation and responsibility while maintaining transparency, a set aside might make more sense.

An experienced attorney can help you determine which path gives you the best chance of moving forward based on your conviction type, timing, and history.

6. How Doran Justice Can Help

At Doran Justice, we’ve helped hundreds of clients clear their records, rebuild their reputations, and take back control of their futures.

Our Arizona expungement and record-sealing lawyers can:

• Review your eligibility for sealing or set aside
• File all necessary petitions and court documents
• Represent you in hearings
• Ensure your rights are protected every step of the way

Your past doesn’t have to define your future.

Our legal team will help you find the most effective route to a clean record - and a clean start.

Frequently Asked Questions

1. Can I have my record expunged in Arizona?

Only if it involves certain marijuana-related offenses under Proposition 207. For all other offenses, expungement is not available - you may instead qualify for record sealing or a set aside.

2. How long do I have to wait to seal my record in Arizona?

Waiting periods vary based on the offense type and sentence. For example, many misdemeanors may qualify sooner, while felonies require longer waiting periods after completing probation, imprisonment, or payment of restitution.

3. Does a set aside clear my record completely?

No. A set aside updates your record to show that the conviction was dismissed and that you completed all sentencing requirements, but the record remains publicly visible.

Next Step

Find out if you qualify to seal or set aside your Arizona criminal record.

Call Doran Justice or request a confidential consultation today to take the first step toward clearing your name.