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 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.

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 relief) or record sealing (more 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.

What is a set-aside under A.R.S. §13-905?

§13-905 vacates the judgment of guilt and dismisses the underlying charges, restoring civil rights and firearm rights in most cases. However, the conviction remains visible on the criminal record with a set-aside annotation. It does not seal, hide, or erase the record from public view or background checks.

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

• Releases the person from "all penalties and disabilities" resulting from the conviction (with certain exceptions)

• Restores firearm rights in most cases (not for serious felonies)

• 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.

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

§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 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:

• Limits employer exposure to negligent hiring claims when hiring someone with set-aside conviction

• Provides legal protection for hiring decisions

• 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

• Written petition to the court that handled the original case

• Pay any outstanding court costs/financial obligations

• Court hearing (sometimes contested by prosecution)

• Court considers nature of offense, conduct, and circumstances

How does record sealing work under A.R.S. §13-911?

§13-911, effective January 1, 2023, restricts public access to criminal records and allows the person to legally state the arrest or conviction "did not occur" in most situations. Waiting periods range from 2 to 10 years depending on offense class. Records remain accessible to law enforcement and prosecutors.

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

• 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."

• 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 expansion of sealing accessibility for individuals with multiple convictions.

• Offenses with dangerous nature designation

• Offenses involving victims under 15

• Paid all fines, fees, and restitution

• No new convictions during waiting period

• Offense not in categorical exclusions

• 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)

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

How does marijuana expungement work under A.R.S. §36-2862?

§36-2862, created by Proposition 207 in 2020, is Arizona's only true expungement pathway. It completely destroys qualifying marijuana offense records, covering possession of 2.5 ounces or less, cultivation of up to 6 plants, and related paraphernalia offenses.

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.

• 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
• Firearm rights restored in qualifying cases

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

§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.

• 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

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.

• All arrest, charge, conviction, adjudication, and sentence records expunged
• Arizona Department of Public Safety
• 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.

Which Arizona record relief framework should you choose?

Arizona residents should first check for marijuana expungement eligibility under §36-2862, which provides complete erasure. For non-marijuana offenses, record sealing under §13-911 offers the best relief when waiting periods have passed. Set-aside under §13-905 provides immediate but more limited relief, restoring civil rights upon sentence completion.

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

If NO, or marijuana offense doesn't qualify:

• Set-aside under §13-905 (limited relief)

• OR Record sealing under §13-911 (more relief)

• Eligibility waiting period has passed

• Offense not in categorical exclusions

• Want to legally state arrest/conviction "did not occur"

• Sealing waiting period hasn't passed but sentence completed

• Want to restore civil rights/firearm rights immediately

• Plan to pursue sealing later when eligibility ripens

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 relief.

How does Arizona compare to other state record relief frameworks?

Arizona's three-framework system is more layered than most states' record relief frameworks. Unlike Colorado and Michigan, Arizona requires a petition for all relief rather than offering automatic processing. Arizona's Proposition 207 marijuana expungement parallels California's Proposition 64, while its 2023 sealing law resembles petition-based frameworks in other states.

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.

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.

• 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

What are the strategic considerations for Arizona record relief?

Arizona residents seeking record relief should evaluate marijuana expungement eligibility first, then consider record sealing under §13-911 for the strongest outcome. Filing a set-aside immediately after sentence completion, followed by sealing when the waiting period passes, provides both immediate civil rights restoration and longer-term public access restriction.

Determine which framework applies. The choice of framework substantially affects 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 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 public-access relief.

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:

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.

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

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

But sealed records may still be visible to:

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:

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.

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
• 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.

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 relief; the sealing has 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 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 relief through public access restriction. The traditional §13-905 set-aside provides immediate availability with more limited relief but 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.