Arizona set-aside, record sealing, and marijuana expungement: how A.R.S. §13-905, §13-911, and §36-2862 actually work

Arizona's criminal record relief framework is unusually complex among state systems because it maintains three distinct procedural frameworks with substantially different substantive effects. The set-aside framework under A.R.S. §13-905 is the original/oldest pathway, vacating the judgment of guilt but leaving the conviction visible on the criminal record with an annotation that it's been set aside. The record sealing framework under A.R.S. §13-911 (effective January 1, 2023) is newer, restricting public access to records and allowing the person to legally state the arrest or conviction "did not occur" in most situations. The marijuana expungement framework under A.R.S. §36-2862 (enacted by Proposition 207 in November 2020) is the only Arizona pathway providing TRUE expungement — complete erasure of qualifying records.

The three-framework structure makes Arizona unusually complex for consumers seeking record relief. The substantive effects differ dramatically:

Set-aside: Conviction REMAINS visible on record. Annotation shows set-aside. Restores civil rights and firearm rights in most cases. Person cannot truthfully deny having the conviction in background checks.
Record sealing: Records restricted from public access. Person can state arrest/conviction "did not occur" in most contexts. Records remain accessible to law enforcement, courts, prosecutors.
Marijuana expungement: Records DESTROYED. Person legally has no record of the offense. Cannot be discovered through any legitimate channel.

For consumers searching for "Arizona expungement," the terminological reality is that traditional expungement is available ONLY for qualifying marijuana offenses. For other offenses, the practical alternatives are set-aside (limited substantive relief) or record sealing (more substantive relief but newer framework with developing case law).

This is how the three Arizona frameworks actually work under A.R.S. §§13-905, 13-911, and 36-2862, the eligibility criteria for each pathway, the procedural sequences, the substantive effects, and the strategic considerations for Arizona residents seeking record relief.

Set-aside under A.R.S. §13-905

The set-aside framework is the oldest Arizona criminal record relief:

What set-aside does. Under A.R.S. §13-905, when a court grants a set-aside, it:

Vacates the judgment of guilt
Dismisses the underlying charges
Releases the person from "all penalties and disabilities" resulting from the conviction (with certain exceptions)
Restores civil rights
Restores firearm rights in most cases (not for serious felonies)

What set-aside DOESN'T do. Critically:

Does NOT seal or hide the record from public view
Does NOT remove the conviction from background check databases
Does NOT prevent the conviction from being used as a prior offense for sentencing in subsequent cases
Does NOT erase the conviction
Does NOT eliminate the requirement to disclose the conviction when asked

The conviction remains visible on the criminal record with an annotation indicating "set aside" status. Many employers view set-aside favorably (signaling judicial determination that the person earned a second chance), but the conviction is still discoverable.

Eligibility under A.R.S. §13-905:

To qualify, the person must have:

Completed all terms of sentence (probation, prison/jail, fines, restitution, community service)
Completed all court-ordered treatment programs
Satisfied all financial obligations
Not be in violation of any post-conviction conditions

Categorical exclusions. A.R.S. §13-905(N) permanently excludes from set-aside:

Offenses with a "dangerous nature" designation under A.R.S. §13-704
Convictions requiring sex offender registration
Offenses where the victim was under 15 years old
DUI and other Title 28 traffic offenses (different procedural framework)
Convictions where defendant inflicted serious physical injury on the victim
Violations where defendant used a deadly weapon or dangerous instrument

The categorical exclusions are substantial. DUI exclusion is particularly notable — DUI convictions can't be set aside regardless of time elapsed.

Certificate of Second Chance. When the court grants set-aside, it may also issue a Certificate of Second Chance (CoSC) providing additional protections:

For employers:

Limits employer exposure to negligent hiring claims when hiring someone with set-aside conviction
Provides legal protection for hiring decisions

For housing providers:

Limits introduction of evidence regarding the set-aside conviction in housing disputes

Limitations:

Not a guarantee of employment or housing approval
Not a recommendation for hiring or licensing
Only one CoSC per group of offenses from single incident

Procedural requirements:

Written petition to the court that handled the original case
All sentence components completed
Pay any outstanding court costs/financial obligations
Court hearing (sometimes contested by prosecution)
Court considers nature of offense, conduct, and circumstances

Record sealing under A.R.S. §13-911

The record sealing framework added significant new relief effective January 1, 2023:

What sealing does. Under A.R.S. §13-911:

Restricts public access to criminal records
Person can legally state arrest/conviction "did not occur" in most situations
Employers, landlords, and licensing boards cannot use sealed records
Records remain accessible to law enforcement, courts, prosecutors

The substantive effect is similar to traditional expungement in most state frameworks (records exist but aren't publicly accessible). The framework comes closer to what most people think of when they hear "expungement."

Waiting periods after completing all sentence conditions:

Class 2 or 3 felonies: 10 years
Class 4, 5, or 6 felonies: 5 years
Class 1 misdemeanors: 3 years
Class 2 or 3 misdemeanors: 2 years
Arrests not resulting in charges: Immediate (no waiting period)
Dismissed charges: Immediate (no waiting period)
Acquittals: Immediate (no waiting period)

2024 framework update. As of 2024, prior felony convictions no longer extend the wait period for sealing eligibility. The change provided substantial expansion of sealing accessibility for individuals with multiple convictions.

Categorical exclusions under A.R.S. §13-911. Similar to set-aside exclusions:

Offenses with dangerous nature designation
Sex offender registration offenses
Offenses involving victims under 15
DUI offenses
Certain violent crimes
Various other specific exclusions

Eligibility requirements:

Completed all sentence conditions
Paid all fines, fees, and restitution
No new convictions during waiting period
Offense not in categorical exclusions
Filed proper petition

Procedural framework:

Petition to the court that handled the original case
Notice to prosecution
Hearing if prosecution objects
Court considers balancing factors
Court order if granted

Substantive effect details under A.R.S. §13-911:

Records sealed from public access through Arizona Department of Public Safety (AZDPS)
Person can answer "no" to most questions about criminal history
Employers cannot use sealed records in employment decisions
Limited exceptions for sensitive positions (law enforcement, certain professional licensing)

Record sealing vs. set-aside comparison:

Both vacate the conviction in effect
Set-aside leaves record visible; sealing restricts public access
Sealing provides more substantive relief
Sealing has waiting periods; set-aside requires sentence completion only
Both have similar categorical exclusions

For most people, record sealing under §13-911 provides better substantive relief than set-aside under §13-905. The newer framework is generally preferred when eligibility exists.

Marijuana expungement under A.R.S. §36-2862

Proposition 207 created Arizona's only true expungement pathway:

Background. Arizona voters passed Proposition 207 (Smart and Safe Arizona Act) in November 2020 with 60.3% of the vote. The initiative legalized recreational marijuana use for adults 21+ and created an expungement process for certain prior marijuana offenses.

Filing began July 12, 2021. Eligible individuals could begin filing expungement petitions on or after this date.

What expungement does. Under A.R.S. §36-2862:

Completely erases qualifying marijuana records
Records DESTROYED, not just sealed
Records cannot be used in any context
Person legally has no record of the offense
Civil rights fully restored
Firearm rights restored in qualifying cases

Eligible marijuana offenses:

1. Possession, consumption, or transportation of 2.5 ounces of marijuana or less (12.5 grams of marijuana concentrate or less)

2. Possession, cultivation, manufacture, or processing of no more than 6 marijuana plants at the person's primary residence for personal use

3. Possession, use, or transportation of marijuana paraphernalia relating to cultivation, manufacture, processing, or consumption of marijuana

Retroactive application. A.R.S. §36-2862 applies retroactively to all qualifying convictions, including those for adults convicted before legalization. The retroactive provision provides comprehensive relief for past marijuana convictions.

Juvenile coverage. Juveniles adjudicated for qualifying marijuana offenses can also apply for expungement under the framework.

Procedural requirements:

Petition to the court that handled the original case
File on or after July 12, 2021
Pay any outstanding restitution from the case (other financial obligations may be waived)
No filing fee in many circumstances
Court hearing (rarely contested)
Court order if granted

Maricopa County Attorney's Office initiative. Following Proposition 207, the Maricopa County Attorney's Office initiated dismissals of pending marijuana cases that would have qualified under the new law. Combined with the expungement framework, this provided comprehensive relief.

University of Arizona expungement clinic. The University of Arizona James E. Rogers College of Law operates an expungement clinic providing free assistance with marijuana expungement petitions. Resources available through the clinic.

Substantive effect:

All arrest, charge, conviction, adjudication, and sentence records expunged
Records destroyed across:
- Court systems
- Arizona Department of Public Safety
- Law enforcement databases
- Other government agencies
Person can truthfully state they have no record of the expunged offense
Cannot be used as prior offense in subsequent cases
Restores civil rights including firearm rights (in qualifying cases)

The marijuana expungement framework provides among the most comprehensive relief available in any state for qualifying offenses — true erasure, retroactive application, and limited procedural barriers.

The framework selection analysis

For Arizona residents seeking criminal record relief:

Is the offense marijuana-related?

If YES, and offense qualifies under §36-2862:

File for marijuana expungement
Provides TRUE expungement (complete erasure)
Best substantive outcome

If NO, or marijuana offense doesn't qualify:

Set-aside under §13-905 (limited substantive relief)
OR Record sealing under §13-911 (more substantive relief)

Set-aside vs. record sealing analysis:

File for record sealing when:

Eligibility waiting period has passed
Offense not in categorical exclusions
Want substantial substantive relief
Want to legally state arrest/conviction "did not occur"

File for set-aside instead when:

Sealing waiting period hasn't passed but sentence completed
Want to restore civil rights/firearm rights immediately
Sealing eligibility questionable
Plan to pursue sealing later when eligibility ripens

File for both: Some practitioners file for set-aside first (immediately after sentence completion) and then file for sealing when the waiting period passes. This provides immediate civil rights restoration plus later substantive relief.

How Arizona compares to other state frameworks

The Arizona framework has distinctive features:

Compared to Colorado record sealing with Clean Slate Act: Colorado has automatic sealing for many offenses; Arizona requires petition for all relief. Colorado has petition pathway with shorter waiting periods; Arizona's §13-911 has similar petition-based framework.

Compared to New Jersey expungement (post-Clean Slate): NJ has comprehensive marijuana expungement plus Clean Slate provisions. Arizona has Proposition 207 marijuana framework plus newer §13-911 sealing. Both states reformed substantially in recent years.

Compared to Michigan Clean Slate with automatic processing: Michigan has automatic set-aside for qualifying convictions. Arizona requires petition for both set-aside and sealing.

Compared to California expungement under PC 1203.4: California's 1203.4 framework is conceptually similar to Arizona's set-aside (records visible with annotation). California has Proposition 64 marijuana expungement parallel to Arizona's Proposition 207.

Compared to Massachusetts sealing/expungement: Massachusetts has separate sealing (§100A) and expungement (§100E-U) frameworks. Arizona has three-framework system that's even more layered.

Compared to Washington vacating convictions: Washington's vacatur framework is similar in concept to Arizona's set-aside. Both restrict public access to records to varying degrees.

Distinctive Arizona features:

Three separate frameworks with different substantive effects
Set-aside leaves record visible (unusual among state frameworks)
§13-911 sealing is relatively new (2023 effective)
Marijuana expungement provides true erasure (one of most comprehensive in any state)
Certificate of Second Chance provides additional employment protections
DUI categorically excluded from all three frameworks
Title 28 traffic offenses have separate procedural framework

Strategic considerations for Arizona residents

For Arizona residents pursuing record relief:

Determine which framework applies. The choice of framework substantially affects substantive outcome:

Marijuana offenses (qualifying): §36-2862 expungement
Other offenses with waiting period passed: §13-911 sealing
Other offenses, immediate relief needed: §13-905 set-aside
Multiple options: §13-911 sealing typically provides best substantive relief

Check for marijuana expungement eligibility first. If you have any marijuana-related convictions, Proposition 207 expungement under §36-2862 provides true erasure. Always evaluate marijuana expungement before considering other frameworks for marijuana offenses.

Take advantage of §13-911 sealing when eligible. The 2023 sealing framework provides substantially better relief than traditional set-aside. When waiting period has passed and offense isn't categorically excluded, sealing is typically the preferred approach.

Consider sequential filings. File set-aside immediately after sentence completion to restore civil rights and firearm rights. File sealing when waiting period passes for substantive public-access relief. Sequential approach provides best overall outcome.

Pursue Certificate of Second Chance. When applying for set-aside, request Certificate of Second Chance for additional employment and housing protections. CoSC can be applied for separately if not initially granted.

Use University of Arizona expungement clinic. The clinic provides free assistance with marijuana expungement petitions. Other legal aid organizations also provide assistance for various criminal record relief.

Watch the DUI exclusion. DUI convictions are categorically excluded from all three Arizona frameworks. Traffic offenses under Title 28 have separate procedural framework. If your offense is DUI-related, evaluate Title 28 procedures specifically.

Address all sentence conditions before applying. All three frameworks require sentence completion including:

Probation/parole
Prison/jail time
Fines and fees
Restitution
Treatment programs
Community service

Track waiting periods carefully for §13-911. The waiting period framework requires careful tracking from completion of all sentence components. Don't file too early — wasted filing fees and potential denial.

Document offense type for marijuana expungement. The marijuana expungement framework has specific quantity limits (2.5 oz marijuana / 12.5g concentrate, 6 plants). Documentation of the original offense quantity is critical for eligibility determination.

Engage counsel for complex cases. Simple marijuana expungement under §36-2862 may be handled pro se using University of Arizona clinic resources. Complex cases involving:

Multiple convictions across multiple frameworks
Contested set-aside or sealing petitions
Categorical exclusion analysis
Coordination with federal background checks

...benefit from professional representation.

Consider impact on professional licensing. Sealed and expunged records don't affect:

Most professional licenses
Most business licenses
Real estate transactions
Most employment

But sealed records may still be visible to:

Law enforcement positions
Certain sensitive professional licensing
Childcare and healthcare licensing in some cases

For business owners with criminal records, coordinate with choice of business entity considerations.

Address federal background check implications. Arizona state-level relief doesn't directly affect:

FBI fingerprint database
Federal employment background checks
Federal immigration consequences
Federal firearms restrictions in some cases

The 2023 §13-911 framework includes federal coordination provisions, but federal effects may still be limited.

Plan for processing timeline. Marijuana expungement: 3-6 months typical. Set-aside: 2-4 months typical. Record sealing: 3-6 months typical. Contested cases can extend timeline substantially.

Coordinate with other planning. For business owners facing criminal records, record relief integrates with LLC formation, asset protection planning, and tax debt resolution considerations. Comprehensive planning provides better outcomes than addressing record relief in isolation.

Verify implementation across databases. After receiving order, verify implementation:

Arizona Department of Public Safety records
Court records updates
Background check companies (some may have outdated records)
Federal database coordination (where applicable)

Watch the Title 28 traffic offense separate framework. DUI/DWI and other Title 28 traffic offenses have different procedural framework. Investigate Title 28-specific options if applicable.

Plan for the multi-framework analysis. Arizona's three-framework system requires careful analysis to maximize outcomes. The marijuana expungement is comprehensive but limited to marijuana; the set-aside has immediate availability but limited substantive relief; the sealing has substantial substantive relief but waiting periods. The optimal approach depends on specific case details and personal goals.

For Arizona residents whose criminal records affect current opportunities, the three-framework system provides multiple pathways to relief with substantially different substantive effects. The marijuana expungement under §36-2862 provides true erasure for qualifying offenses — among the most comprehensive relief available in any state for those offenses. The §13-911 record sealing framework, effective January 2023, provides substantial substantive relief through public access restriction. The traditional §13-905 set-aside provides immediate availability with more limited substantive relief but valuable civil rights restoration. The work for Arizona residents is in identifying which framework applies to specific offenses, evaluating eligibility under categorical exclusions and waiting period requirements, choosing optimal sequence when multiple frameworks apply, filing through appropriate procedure, and verifying implementation across relevant databases. The framework's complexity makes professional consultation particularly valuable when multiple offenses or contested situations exist, but resources like the University of Arizona expungement clinic and clearly drafted statutory framework support pro se navigation for straightforward cases.