Arizona (AZ) — Expungement & Record Clearing

Remedy

Petition to seal arrest and non-conviction case records (A.R.S. § 13-911(A)(2)–(3)); automatic destruction of un-adjudicated juvenile referrals at age 18 (A.R.S. § 8-349(M))

Waiting period

None specified once the charge is dismissed, a not-guilty verdict is entered, or no charges are filed (if a separate pending charge could affect eligibility, the court waits until that charge is disposed of under A.R.S. § 13-911(N))

Under A.R.S. § 13-911(A)(2) and (3), a person may file a petition to seal all case records related to a criminal offense if the person was charged and the charge was subsequently dismissed or resulted in a not-guilty verdict at trial, or if the person was arrested and no charges were filed. The petition is filed in the court where the charge or initial appearance occurred (or in the superior court of the county of arrest if there was no initial appearance and no charges were filed). The court may not rule for 60 calendar days unless the prosecutor and any victim who requested post-conviction notice state they do not object, and the court must grant the petition if sealing is in the best interests of the petitioner and the public's safety.

• ✗If the petitioner has a pending charge that could result in an unsealable conviction or extend the waiting period, the court may not grant or deny the petition until that charge is disposed of (A.R.S. § 13-911(N))
• ✗If a petition to seal is denied, the person must wait 3 years before filing a new petition (A.R.S. § 13-911(L))

Source: A.R.S. § 13-911 (Arizona State Legislature) (A.R.S. § 13-911(A)(2)–(3); A.R.S. § 13-911(D))

Remedy

Petition to seal conviction records after 2 or 3 years (A.R.S. § 13-911(E)); application to set aside judgment of guilt and receive a Certificate of Second Chance upon discharge (A.R.S. § 13-905)

Waiting period

Set-aside and Certificate of Second Chance (A.R.S. § 13-905): upon fulfillment of probation or sentence and discharge. Record sealing (A.R.S. § 13-911): 3 years after completing nonmonetary conditions and discharge for a Class 1 misdemeanor; 2 years for a Class 2 or 3 misdemeanor; immediately for a petty offense

A person convicted of an eligible misdemeanor has two remedies that can be used separately or together. Upon fulfilling the conditions of probation or sentence and discharge by the court, the person may apply immediately to set aside the judgment of guilt under A.R.S. § 13-905, which includes an automatic Certificate of Second Chance for a misdemeanor. To seal the conviction from public view under A.R.S. § 13-911, the person must complete all nonmonetary sentence conditions, pay all court-ordered fines, fees, and victim restitution in full, and wait 2 years after discharge for a Class 2 or Class 3 misdemeanor (or 3 years for a Class 1 misdemeanor; immediately for a petty offense or a conviction vacated under § 13-909).

• ✗All court-ordered fines, fees, and victim restitution must be paid in full at the time of filing a sealing petition (A.R.S. § 13-911(G))
• ✗Dangerous offenses (§ 13-105), dangerous crimes against children (§ 13-705), serious or violent/aggravated felonies (§ 13-706), sex trafficking (§ 13-1307), and offenses involving deadly weapons or knowing infliction of serious physical injury cannot be sealed (A.R.S. § 13-911(O))
• ✗Set-aside under § 13-905 excludes dangerous offenses, sex-offender-registration offenses (§ 13-3821), offenses with a sexual-motivation finding (§ 13-118), and felony offenses with a victim under age 15
• ✗Even after sealing under § 13-911, an applicant must disclose the conviction for specific statutory jobs (such as fingerprint-clearance-card positions, law enforcement, or jobs matching specific offense categories in § 13-911(I)(5))

Sources: A.R.S. § 13-911 (Arizona State Legislature) (A.R.S. § 13-911(E)(3)–(6), (G); A.R.S. § 13-911(G)); A.R.S. § 13-905 (Arizona State Legislature) (A.R.S. § 13-905(A), (K)(1); A.R.S. § 13-905(K))

Remedy

Petition to seal conviction records after 5 or 10 years (A.R.S. § 13-911(E)); application to set aside judgment of guilt (upon discharge) and Certificate of Second Chance (after 2 or 5 years) (A.R.S. § 13-905)

Waiting period

Set-aside (A.R.S. § 13-905): upon discharge from probation or sentence (Certificate of Second Chance: 2 years after fulfillment for Class 4/5/6 felony; 5 years for Class 2/3 felony). Sealing (A.R.S. § 13-911): 5 years after completing nonmonetary sentence conditions and discharge for Class 4, 5, or 6 felony; 10 years for Class 2 or 3 felony (plus 5 additional years if sealing a subsequent felony after a prior sealing under § 13-911(F))

Eligible Arizona felony convictions can be set aside under A.R.S. § 13-905 upon completion of probation or sentence and discharge by the court (with a Certificate of Second Chance available 2 years after fulfillment for a Class 4, 5, or 6 felony, or 5 years for a Class 2 or 3 felony, provided the person has not previously received a felony Certificate of Second Chance). To seal an eligible felony conviction from public access under A.R.S. § 13-911, the petitioner must pay all court-ordered fines, fees, and victim restitution and wait 5 years after completing nonmonetary sentence conditions and discharge for a Class 4, 5, or 6 felony, or 10 years for a Class 2 or 3 felony (an additional 5 years is added if the person committed a subsequent felony after a prior sealing). Class 1 felonies, dangerous offenses, serious/violent/aggravated felonies, dangerous crimes against children, and Class 2–5 sex or child-exploitation felonies cannot be sealed.

• ✗Class 1 felonies (not listed in A.R.S. § 13-911(E))
• ✗Dangerous offenses (§ 13-105), dangerous crimes against children (§ 13-705), and serious, violent, or aggravated felonies (§ 13-706)
• ✗Any offense having as an element the discharge, use, or threatening exhibition of a deadly weapon/dangerous instrument or knowing infliction of serious physical injury
• ✗Sex trafficking (§ 13-1307) and Class 2, 3, 4, or 5 felonies in Title 13 Chapter 14 (sexual offenses) or Chapter 35.1 (sexual exploitation of children)
• ✗All court-ordered fines, fees, and victim restitution must be paid in full before filing to seal
• ✗Set-aside under § 13-905 excludes dangerous offenses, sex-registration offenses, offenses with a sexual-motivation finding, and felonies with a victim under age 15

Sources: A.R.S. § 13-911 (Arizona State Legislature) (A.R.S. § 13-911(E)(1)–(2), (F); A.R.S. § 13-911(F); A.R.S. § 13-911(O)); A.R.S. § 13-905 (Arizona State Legislature) (A.R.S. § 13-905(P))

Remedy

Petition to seal DUI conviction records after 3 years for a Class 1 misdemeanor or 5 years for a Class 4/6 felony (A.R.S. § 13-911); application to set aside judgment of guilt upon discharge (A.R.S. § 13-905)

Waiting period

Set-aside (A.R.S. § 13-905): upon completion of probation or sentence and discharge. Sealing (A.R.S. § 13-911): 3 years after completing nonmonetary sentence terms and discharge for a Class 1 misdemeanor DUI; 5 years for a Class 4 or Class 6 felony aggravated DUI

Unlike many states, Arizona allows non-dangerous DUI convictions (including misdemeanor DUI under A.R.S. § 28-1381, extreme DUI under § 28-1382, and non-dangerous aggravated DUI under § 28-1383) to be both set aside under A.R.S. § 13-905 upon sentence completion and sealed under A.R.S. § 13-911 after the applicable waiting period (3 years after discharge for a Class 1 misdemeanor DUI; 5 years for a Class 4 or Class 6 felony aggravated DUI) once all fines, fees, and restitution are paid. However, a sealed or set-aside DUI still counts as a prior conviction to enhance a subsequent DUI under A.R.S. §§ 28-1381 and 28-1382, does not undo ADOT driver's license sanctions, and must still be disclosed if applying for a job involving the commercial or private operation of a motor vehicle, boat, or airplane.

• ✗Any DUI involving a 'dangerous offense' finding (e.g., use of the vehicle as a dangerous instrument or knowing infliction of serious physical injury) is ineligible under A.R.S. § 13-911(O) and § 13-905(P)
• ✗Sealed DUI records may still be used to enhance a subsequent DUI sentence under A.R.S. §§ 28-1381 and 28-1382 (A.R.S. § 13-911(B)(5))
• ✗Must still be disclosed when applying for a job involving the commercial or private operation of a motor vehicle, boat, or airplane (A.R.S. § 13-911(I)(5)(f))
• ✗Set-aside does not release penalties or license actions imposed by the Department of Transportation (A.R.S. § 13-905(D)(1), (E)(5))

Sources: A.R.S. § 13-911 (Arizona State Legislature) (A.R.S. § 13-911(B)(5), (I)(5)(f); A.R.S. § 13-911(I)(5)(f)); A.R.S. § 13-905 (Arizona State Legislature) (A.R.S. § 13-905(D)(1), (E)(5))

Remedy

Proposition 207 marijuana expungement with no waiting period (A.R.S. § 36-2862); record sealing after 2–10 years (A.R.S. § 13-911); set-aside of judgment of guilt upon discharge (A.R.S. § 13-905)

Waiting period

None for qualifying marijuana offenses under A.R.S. § 36-2862; for other drug offenses, upon discharge for set-aside (A.R.S. § 13-905) and 2–3 years (misdemeanor) or 5–10 years (felony) after discharge for sealing (A.R.S. § 13-911)

Under A.R.S. § 36-2862 (Proposition 207), anyone arrested for, charged with, adjudicated, or convicted of possessing, consuming, or transporting 2.5 ounces or less of marijuana (not more than 12.5 grams of concentrate), cultivating/processing up to 6 marijuana plants at a primary residence for personal use, or possessing/using marijuana paraphernalia before November 30, 2020 may petition at any time for full expungement. The court must grant the petition unless the prosecutor proves ineligibility by clear and convincing evidence; expungement vacates the conviction, seals all court and law-enforcement records, restores civil and firearm rights (if not otherwise barred), and bars any use in a subsequent prosecution. For non-marijuana drug possession or drug offenses outside Prop 207, the person may apply for set-aside upon discharge under A.R.S. § 13-905 and petition to seal under A.R.S. § 13-911 after the misdemeanor (2–3 year) or felony (5–10 year) waiting period.

• ✗Prop 207 expungement (A.R.S. § 36-2862) is limited to marijuana up to 2.5 oz (12.5 g concentrate), up to 6 personal-use plants, and marijuana paraphernalia
• ✗Under A.R.S. § 13-911(I)(5)(b), if a sealed record under § 13-911 involved a Class 2 or Class 3 drug felony under Title 13 Chapter 34, the person cannot deny the conviction on applications

Sources: A.R.S. § 36-2862 (Arizona State Legislature) (A.R.S. § 36-2862(A)(1)–(3); A.R.S. § 36-2862(B)(3), (D), (E); A.R.S. § 36-2862(D)–(E)); A.R.S. § 13-911 (Arizona State Legislature) (A.R.S. § 13-911(I)(5)(b))

Remedy

Automatic destruction of non-adjudicated juvenile referrals at age 18 (A.R.S. § 8-349(M)); application to set aside juvenile adjudication at age 18 (A.R.S. § 8-348); application for destruction of juvenile records at age 18 or 25 (A.R.S. § 8-349)

Waiting period

Non-adjudicated referrals/citations: destroyed within 90 days after turning 18. Set-aside (§ 8-348) and standard destruction (§ 8-349(A)): age 18 after completing probation or discharge from juvenile corrections. Destruction of more serious adjudications (§ 8-349(D)): age 25

Juvenile referrals or citations that did not result in an adjudication must be destroyed within 90 days after the person turns 18 (or upon court order). For adjudicated delinquent or incorrigible youths, Arizona provides two remedies after completing probation or discharge from the Department of Juvenile Corrections: (1) At age 18 or older, the person may apply to set aside the adjudication under A.R.S. § 8-348 if full victim restitution is paid and the offense was not a dangerous offense, sexually motivated offense, sexual offense (Title 13 Ch. 14), or priorable DUI; and (2) Under A.R.S. § 8-349, the person may apply for full destruction of juvenile court and corrections records at age 18 (for adjudications other than serious A.R.S. § 13-501(A)/(B) offenses or Title 28 Ch. 4 DUI offenses) or at age 25 (for other adjudications if destruction furthers rehabilitation), provided the person has no adult felony conviction, no pending criminal charge, no current sex-offender registration duty, and has paid all victim restitution (and paid or modified court fines; unpaid fees, assessments, and surcharges cannot block destruction).

• ✗Set-aside (§ 8-348) excludes dangerous offenses (§ 13-105), sexually motivated offenses (§ 13-118), sexual offenses (Title 13 Ch. 14), priorable DUI offenses (§§ 28-1381 to 28-1383), and cases with unpaid victim restitution
• ✗Destruction at age 18 (§ 8-349(A)) excludes offenses listed in A.R.S. § 13-501(A) or (B) and Title 28 Ch. 4 offenses (these must wait until age 25 under § 8-349(D))
• ✗Both age-18 and age-25 destruction require no adult felony conviction, no pending criminal charge, no current sex-offender registration requirement (§ 13-3821), and full payment of victim restitution

Sources: A.R.S. § 8-348 (Arizona State Legislature) (A.R.S. § 8-348(I)); A.R.S. § 8-349 (Arizona State Legislature) (A.R.S. § 8-349(C)–(E); A.R.S. § 8-349(L)–(M))