What is the difference between a set-aside and record sealing in Arizona?

A set-aside (ARS § 13-907) changes the record to show the conviction was set aside by the court, but the record remains visible on background checks. Record sealing (ARS § 13-911) makes the record unavailable to the general public, though law enforcement and certain agencies can still access it. Sealing provides more privacy protection than a set-aside.

Can I get my record sealed in Arizona?

Yes. Under ARS § 13-911 (effective 2023), you can petition to seal certain criminal records after completing your sentence and any required waiting periods. Eligible offenses include many misdemeanors and some felonies, with exclusions for serious violent offenses and sex crimes. An attorney or legal aid organization can help determine your eligibility.

Does Arizona have ban-the-box for private employers?

No. Arizona's ban-the-box policy applies only to state government employers under a 2017 executive order. Private employers can ask about criminal history at any stage of the hiring process, including on the initial job application.

Will a set-aside conviction show up on my background check in Arizona?

Yes. A set-aside does not remove or seal the conviction from your record. It will still appear on background checks, but the record will indicate that the conviction was set aside. Many employers view this positively as evidence of rehabilitation. For more privacy, consider petitioning for record sealing under ARS § 13-911 if you are eligible.

Can an employer in Arizona deny me a job because of an old conviction?

Generally, yes. Arizona does not have a state law restricting employers from considering criminal history in hiring decisions. However, federal EEOC guidance recommends that employers consider the nature of the offense, how long ago it occurred, and its relevance to the job. If you have had a conviction set aside or sealed, this can significantly strengthen your position.

Does Arizona have a Clean Slate law?

Not in the traditional sense. Arizona does not have automatic expungement or sealing of records. However, the 2023 record sealing law (ARS § 13-911) allows eligible individuals to petition for sealing, and the set-aside process (ARS § 13-907) provides another avenue for record relief.

How do I check my own criminal record in Arizona?

You can request your criminal history from the Arizona Department of Public Safety. Reviewing your own record before job searching is a wise step — it lets you check for errors and prepare to address your history proactively with potential employers.

Arizona Background Check Laws

No state lookback limitLast updated: 2026-04-01

In Arizona, criminal convictions can appear on a background check indefinitely — there is no state-imposed time limit. Non-conviction records are limited to 7 years under the federal FCRA for employment screening.

Overview

Arizona does not impose a state-level time limit on how far back a background check can report criminal convictions. Under the federal Fair Credit Reporting Act (FCRA), convictions can appear on a background check indefinitely. Non-conviction records are limited to seven years under the FCRA for employment screening purposes. Arizona has a ban-the-box policy for state government employers, established by Governor Doug Ducey's executive order in 2017. This order removes the criminal history question from initial state employment applications. However, there is no statewide ban-the-box law covering private employers — private companies in Arizona can ask about criminal history at any point during hiring. Arizona does not have a Clean Slate law for automatic sealing or expungement. However, ARS § 13-907 allows individuals to petition the court to set aside a judgment of conviction after completing their sentence. While a set-aside does not seal the record from background checks, it does change the record to reflect that the conviction has been set aside, which can be a meaningful step toward rebuilding your life. Arizona also enacted ARS § 13-911 in 2023, creating a process to petition for record sealing of certain offenses.

How Far Back Does a Background Check Go in Arizona?

Record Type	Rule in Arizona
Felony Convictions	No time limit. Felony convictions may appear on background checks regardless of age.
Misdemeanor Convictions	No time limit. Misdemeanor convictions can be reported indefinitely.
All Convictions	No state limit — convictions can be reported indefinitely under FCRA default rules.
Arrests (No Conviction)	Arrests not leading to conviction are limited to 7 years under the FCRA for employment screening.
Pending Cases	Pending criminal cases can be reported on a background check regardless of when charges were filed.

Ban the Box / Fair Chance

Yes

Governor Doug Ducey signed an executive order in 2017 removing the criminal history question from initial job applications for Arizona state government positions. This policy only applies to state agencies — it does not cover private employers, county, or municipal government employers. Private employers in Arizona may ask about criminal history at any stage of the hiring process.

Effective: 2017

Clean Slate / Auto-Sealing

No Clean Slate law

Arizona does not have a Clean Slate law for automatic expungement or sealing. However, Arizona provides two important forms of record relief: (1) Set-aside under ARS § 13-907, which allows a court to set aside a conviction after completion of the sentence — the record is not sealed but reflects the set-aside; (2) Record sealing under ARS § 13-911 (enacted 2023), which allows petitioning to seal certain completed criminal cases. Sealing makes records unavailable to the general public but they may still be accessible to law enforcement and certain licensing agencies.

What Employers Can Do in Arizona

When can employers ask about criminal history?: Private employers can ask about criminal history at any point during the hiring process, including on the initial application. State government employers must delay inquiry until after the initial application stage under the 2017 executive order.
What can they consider?: Arizona employers can generally consider any criminal conviction in employment decisions. There is no state law requiring a specific evaluation framework or individualized assessment. Federal EEOC guidance recommends considering the nature of the offense, time elapsed, and relevance to the job, but this is not mandated under Arizona state law.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Arizona

Fair Credit Reporting Act (FCRA)(1970)
Federal law that limits reporting of non-conviction records to 7 years for employment screening. Convictions may be reported indefinitely. Applies in Arizona as the primary framework since no stricter state lookback law exists.
Arizona Executive Order — Ban the Box (Public Employers)(2017)
Governor's executive order removing the criminal history question from initial state employment applications. Applies only to Arizona state government agencies.
Set-Aside of Judgment (ARS § 13-907)
Allows individuals who have completed their sentence (including probation) to petition the court to set aside their conviction. The set-aside does not seal the record but changes the disposition to show the conviction was set aside.
Record Sealing (ARS § 13-911)(2023)
Enacted in 2023, this law creates a process for individuals to petition to seal certain criminal records after completion of their sentence and applicable waiting periods. Sealed records are not available to the general public.

Frequently Asked Questions — Arizona

How far back does a background check go in Arizona?: In Arizona, there is no state-imposed time limit on reporting criminal convictions. Convictions can appear on your background check indefinitely. Non-conviction records are limited to 7 years under the federal FCRA for employment screening purposes.
What is the difference between a set-aside and record sealing in Arizona?: A set-aside (ARS § 13-907) changes the record to show the conviction was set aside by the court, but the record remains visible on background checks. Record sealing (ARS § 13-911) makes the record unavailable to the general public, though law enforcement and certain agencies can still access it. Sealing provides more privacy protection than a set-aside.
Can I get my record sealed in Arizona?: Yes. Under ARS § 13-911 (effective 2023), you can petition to seal certain criminal records after completing your sentence and any required waiting periods. Eligible offenses include many misdemeanors and some felonies, with exclusions for serious violent offenses and sex crimes. An attorney or legal aid organization can help determine your eligibility.
Does Arizona have ban-the-box for private employers?: No. Arizona's ban-the-box policy applies only to state government employers under a 2017 executive order. Private employers can ask about criminal history at any stage of the hiring process, including on the initial job application.
Will a set-aside conviction show up on my background check in Arizona?: Yes. A set-aside does not remove or seal the conviction from your record. It will still appear on background checks, but the record will indicate that the conviction was set aside. Many employers view this positively as evidence of rehabilitation. For more privacy, consider petitioning for record sealing under ARS § 13-911 if you are eligible.
Can an employer in Arizona deny me a job because of an old conviction?: Generally, yes. Arizona does not have a state law restricting employers from considering criminal history in hiring decisions. However, federal EEOC guidance recommends that employers consider the nature of the offense, how long ago it occurred, and its relevance to the job. If you have had a conviction set aside or sealed, this can significantly strengthen your position.
Does Arizona have a Clean Slate law?: Not in the traditional sense. Arizona does not have automatic expungement or sealing of records. However, the 2023 record sealing law (ARS § 13-911) allows eligible individuals to petition for sealing, and the set-aside process (ARS § 13-907) provides another avenue for record relief.
How do I check my own criminal record in Arizona?: You can request your criminal history from the Arizona Department of Public Safety. Reviewing your own record before job searching is a wise step — it lets you check for errors and prepare to address your history proactively with potential employers.

Arizona Resources

Arizona Department of Public Safety — Criminal History Records
Request your own criminal history record to review for accuracy before employers run a background check.
Arizona Judicial Branch — Self-Service Center
Court resources including forms for set-aside petitions and record sealing applications.
Community Legal Services (Arizona)
Provides free legal assistance to low-income individuals in Arizona, including help with criminal record matters.
Arizona Center for Law in the Public Interest
Legal advocacy organization that can provide resources related to employment rights and criminal records.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Arizona for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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