Technically speaking, having your criminal record expunged in Arizona is not possible. Alternatively, the state does allow you to “set aside” convictions for some crimes, provided you meet certain conditions. If you have been convicted of a crime in Arizona and are interested in learning if it is possible to have it set aside, the answers to the questions below will get you started on cleaning up your record and having your rights restored.
Expungement and having a conviction set aside differ in their meaning. Most states define expungement as having a criminal conviction entirely erased from your record. Although some states, like Illinois and California, allow for a criminal record's pure expungement, Arizona does not.
Setting aside a criminal conviction in Arizona will not altogether remove it from your record. Instead, the state of Arizona finds it a matter of public safety to keep convictions on your record. When something on your record is set aside, your criminal record will indicate that the conviction is still there but that it was set aside.
Juvenile records that do not include violent offenses can be set aside when the person convicted reaches the age of 18. However, these convictions will remain as predicate offenses when considering convictions for any future crimes. Under certain circumstances, it is possible to have juvenile offenses wholly destroyed.
It’s worth noting that there is one recent exception to expungement in Arizona. Beginning July 2, 2021, courts must honor any petitions made to expunge arrests, charges, and convictions for some marijuana offenses.
Also, Arizona does not expunge records for non-conviction. In cases where a person has been wrongfully arrested or charged, that individual can have a notation added to their record stating so.
Most people who pursue having their records set aside do so to help with employment. Others seek relief so they can regain the ability to own a firearm or vote. Having a conviction set aside also means you will also be able to serve on a jury again.
Arizona Revised Statute 13-905 outlines who may be eligible for having their conviction set aside. Determining factors include whether or not you have completed your sentence and if your specific conviction is listed under law as disqualified. Judges also play a part and are able to consider a number of other legal factors.
In order for your sentence to be considered complete, you must be finished with your prison term and have paid all fines, fees, and restitution. This includes completing and paying for any mandatory community service or counseling. Individuals who served a prison term must include a Certificate of Absolute Discharge from the Arizona Department of Corrections along with a set aside application. This certificate will also prove that you have completed any parole or community supervision conditions. To verify that all court fees and fines have been paid, the court will typically confirm with the court clerk's office.
The majority of crimes in Arizona are eligible to be set aside. But the list of criminal convictions that are disqualified from being set aside is listed under Arizona Revised Statute 13-905. Some of these offenses include driving on a suspended license, an exhibition of speed, criminal speeding, felony flight, hit and run, and aggressive driving. They also include convictions involving:
Judges have the final say in allowing a conviction to be set aside. The factors they must consider by law include:
Yes, but you must wait two years before making an application for your conviction to be set aside if you have served a prison sentence or been convicted of two or more felonies.
Yes. Anyone convicted of prostitution and was a human trafficking victim can request that their conviction be vacated. Having a conviction vacated makes any legal judgments made against you legally void. Consequently, under Arizona Revised Statute 13-907.01, you will be able to state that you were never arrested, charged, or convicted.
Comprehensive background checks will show that your conviction has been set aside. Arizona law does not require that it be removed entirely from your record. The information that will appear includes what you were charged and convicted of, that the charges and conviction were vacated, and that the court submitted an order of dismissal.
Yes. Because the conviction remains a part of your record, employers will still see it on a background check. Arizona does, however, have a “ban the box” law, which means that businesses with 15 or more employees cannot inquire about a person’s criminal history until an interview has occurred or if a conditional job offer has been made. The idea behind “ban the box” laws are to give applicants a chance to explain anything that might appear on a background check.
No. States decide for themselves the meaning of a crime being expunged or set aside. Therefore, expungement (or set aside) applications must be made to the state in which they were committed.
Restoring your rights begins by filing a request with the Arizona Superior Court through the county where your conviction occurred. Federal convictions require that you submit an application to the Superior Court through the county in which you live. Documents required can be found on the county websites, but if you are unable to locate the proper forms, contact the county clerk’s office.