A criminal record can affect employment, housing, and even civil rights. If you have a past conviction in Arizona, you may qualify for expungement or a set aside, two legal options that can help clear your record and improve your future opportunities.
Many individuals in Arizona seek ways to move forward after a criminal conviction. While Arizona does not offer traditional expungement for most crimes, there are legal options available that can help mitigate the impact of a past conviction.
This guide will explain the difference between expungement and a set aside, who qualifies, and how to apply.
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Legal Options for Clearing Your Criminal Record in Arizona
If you have a past conviction in Arizona, there are two primary legal options available to help reduce the impact of your criminal record:
- Expungement (Limited – Prop 207 Marijuana Convictions Only): If you have a low-level marijuana-related offense, you may be eligible for expungement under Arizona’s Proposition 207, which allows certain marijuana-related convictions to be permanently removed from your record.
- Set Aside (Available for Many Convictions): If you have a misdemeanor or eligible felony conviction, you may qualify for a set aside, which does not erase the record but marks the conviction as dismissed. This can signal to employers, landlords, and others that you have completed all sentencing requirements and are no longer considered guilty of the offense.
The Arizona court system allows individuals to request a set aside for many types of convictions. If you think you might be eligible, you can review the official process and requirements on the Maricopa County Superior Court’s website.
Understanding the differences between expungement and a set aside is crucial in determining which legal remedy is best for your situation. This guide will walk you through the expungement process in Arizona, who qualifies, and alternative options for those who are not eligible.
What is Expungement?
Expungement is a legal process that removes a criminal record from public access, making it as if the offense never occurred. In most states, a successful expungement means that the record is completely erased, allowing individuals to move forward without the burden of past convictions showing up on background checks, job applications, or housing applications.
Does Arizona Allow Expungement?
Unlike many other states, Arizona does not have a traditional expungement law that completely erases criminal records. Instead, the state offers a set aside option for most convictions (covered in a later section). However, there is one major exception:
Expungement Under Proposition 207 (Marijuana Convictions Only)
In 2020, Arizona voters passed Proposition 207, also known as the Smart and Safe Arizona Act, which legalized recreational marijuana and created an opportunity for individuals with low-level marijuana convictions to petition for expungement.
Under Prop 207, you may be eligible to expunge your criminal record if you were convicted of:
- Possession, use, or transport of 2.5 ounces or less of marijuana.
- Possession, transport, or cultivation of six or fewer marijuana plants at a private residence.
- Possession, use, or transport of marijuana paraphernalia (pipes, rolling papers, etc.).
If your conviction falls under these categories, you may be able to completely erase your record, meaning it will no longer appear on background checks and cannot be used against you in employment or housing applications.
What Expungement Does Not Cover in Arizona
- Felony drug trafficking and other serious drug-related charges do NOT qualify for expungement.
- Non-marijuana-related offenses are NOT eligible for expungement under Arizona law.
For individuals who do not qualify for expungement, a set aside may be the best alternative (covered later in this guide).
Who Qualifies for Expungement in Arizona?
Expungement laws vary by state, and in Arizona, only certain marijuana-related offenses qualify for expungement under Proposition 207. If your conviction falls outside of these criteria, you may need to explore other legal options, such as a set aside (discussed later in this guide).
Eligible for Expungement Under Prop 207:
If you were convicted of any of the following offenses, you may qualify to have your record expunged:
- Possession, use, or transportation of 2.5 ounces or less of marijuana.
- Possession, transportation, or cultivation of six or fewer marijuana plants at your primary residence.
- Possession, use, or transportation of marijuana-related paraphernalia (such as pipes, grinders, or rolling papers).
If you meet these qualifications, you can file a petition to expunge your record, which—if granted—will remove the offense from public view, background checks, and court databases.
Next Steps: You can start the expungement process by consulting a criminal defense attorney or visiting the Arizona Judicial Branch website to review court forms and procedures.
Who Does NOT Qualify for Expungement in Arizona?
Unfortunately, most criminal convictions in Arizona cannot be expunged. The following offenses do not qualify under Prop 207:
- Felony drug trafficking or intent to distribute marijuana.
- Possession of more than 2.5 ounces of marijuana.
- Any non-marijuana-related offenses, including DUIs, assault, theft, and violent crimes.
- Felony drug convictions involving harder substances (cocaine, meth, opioids, etc.).
If you do not qualify for expungement, you may still be able to clear your record through a set aside. The next section covers how set asides work and why they may be a good alternative.
Step-by-Step Guide: How to Expunge Your Criminal Record in Arizona
If you qualify for expungement under Proposition 207, you can petition the court to remove your marijuana-related conviction from your record. Below is a step-by-step guide to help you through the process.
Step 1: Determine Eligibility
Before starting the expungement process, ensure that you meet the qualifications under Prop 207:
- You were convicted of possessing, transporting, or using 2.5 ounces or less of marijuana.
- You were convicted of cultivating six or fewer marijuana plants at your private residence.
- You were convicted of possessing marijuana paraphernalia.
If your conviction meets these criteria, you may proceed with filing a petition for expungement.
Step 2: Gather Required Documents
To file for expungement, you will need to collect the following documents:
- Case number & court records – You can look up your case through the Arizona court system or contact the courthouse where your conviction was processed.
- Arrest records & sentencing information – These documents may be required to verify the details of your case.
- Personal identification – A valid driver’s license or government-issued ID.
Step 3: File a Petition for Expungement
Once you have your documents ready, you must submit a formal petition to the court. The process includes:
Where to File:
- If your conviction was in Maricopa County, you can submit your petition through the Maricopa County Superior Court website.
- If your conviction occurred in another Arizona county, check with the appropriate county court for specific filing instructions.
How to File:
- Many courts provide standardized expungement petition forms that you can complete.
- Some counties allow online filing, while others may require an in-person submission or mailing of documents.
- There may be court fees associated with filing, though some individuals may qualify for a fee waiver.
Step 4: Await Court Review & Decision
After filing, the court will review your petition and determine whether your conviction qualifies for expungement.
Processing Time:
- The length of time varies by county, but most cases take several weeks to a few months.
- If there are no objections from the prosecutor, your record will likely be expunged without a hearing.
Possible Objections:
- In some cases, the county attorney’s office may object to your petition. If this happens, you may need to attend a court hearing to argue your case.
Step 5: Expungement Granted or Denied
If your petition is granted:
- Your conviction will be removed from public records and background checks.
- You will receive an official court order confirming the expungement.
If your petition is denied:
- You may have the right to appeal the decision or re-file if additional information is required.
- Consulting an expungement attorney can increase your chances of success.
What If You Don’t Qualify? Consider a Set Aside Instead
If you do not qualify for expungement, a set aside may be an alternative option. Unlike expungement, a set aside does not erase your record but marks your conviction as dismissed, which can improve your chances for employment and housing.
The Set Aside Alternative
If you do not qualify for expungement under Proposition 207, you may still have an option to clear your record through a set aside. While a set aside does not completely erase your conviction, it modifies your record to show that the conviction has been dismissed, which can help with employment, housing, and background checks.
What is a Set Aside?
A set aside is a legal process where a court reopens your case, vacates the judgment, and dismisses the charges, signaling that you have successfully completed your sentence and are no longer considered guilty. Unlike expungement, a set aside does not remove the record from public databases, but it does show that you have met all legal requirements to move forward.
Who Qualifies for a Set Aside in Arizona?
- Most misdemeanors and many felonies are eligible for a set aside.
- The conviction must be fully completed, including any probation, jail time, and restitution.
- The applicant cannot be facing new criminal charges.
Crimes That Cannot Be Set Aside in Arizona
- Serious violent crimes (e.g., aggravated assault, homicide).
- Sexual offenses and crimes involving minors.
- Crimes with lifelong consequences (e.g., convictions that require sex offender registration).
For a full list of set-aside eligibility rules, visit the Maricopa County Superior Court’s criminal record set aside page.
How to Apply for a Set Aside in Arizona
The process for applying for a set aside is similar to expungement, requiring you to:
- Complete all sentencing requirements (probation, restitution, etc.).
- Obtain your court records and case number.
- File a Petition for Set Aside with the Arizona court where the conviction occurred.
- Await court review (some cases may require a hearing if objections arise).
- Receive court approval or denial (if denied, you may be able to appeal).
Benefits of Expungement & Set Aside
A criminal record can have lasting consequences, making it difficult to find employment, secure housing, or restore certain civil rights. Whether you qualify for expungement under Proposition 207 or a set aside, both options offer significant benefits in helping you move forward with a clean slate.
Employment Opportunities
Many employers conduct background checks as part of the hiring process. Having a conviction on your record can make it difficult to secure a job, especially in industries that require professional licensing or security clearances. Expungement completely removes the conviction, while a set aside indicates that you have successfully completed your sentence, making it more likely that an employer will consider your application.
Improved Housing Prospects
Landlords and property management companies often conduct criminal background checks when reviewing rental applications. A criminal record may lead to an automatic denial. Expunging a record ensures it does not appear in background checks, while a set aside shows that the conviction has been dismissed, which can improve your chances of securing housing.
Restoration of Rights
A criminal conviction can affect certain rights, including the ability to own firearms, vote, or hold public office. In some cases, expungement or a set aside can help restore these rights, though additional legal steps may be required depending on the type of conviction.
Reduced Stigma and Peace of Mind
Beyond the practical benefits, clearing a criminal record provides peace of mind and a sense of closure. It allows individuals to move forward without the burden of past mistakes impacting their future.
How an Expungement Attorney Can Help
The process of expungement or setting aside a conviction in Arizona can be complex. While individuals can file petitions on their own, working with an experienced criminal defense attorney can significantly increase the chances of success.
Why Hire an Attorney for Expungement or a Set Aside?
- Determining Eligibility – An attorney can review your case to confirm whether you qualify for expungement under Proposition 207 or if a set aside is the better option.
- Properly Filing Paperwork – Errors or missing information in a petition can result in delays or denials. An attorney ensures all required documents are completed correctly.
- Representing You in Court – If the prosecution objects to your petition, an attorney can advocate on your behalf in a hearing.
- Handling Denials and Appeals – If your request is denied, an attorney can help determine the reason and guide you through the appeal process.
- Ensuring the Record is Updated – Even after a successful expungement or set aside, an attorney can confirm that courts and background check databases reflect the updated status of your record.
Common Mistakes That Can Lead to Denial
- Filing a petition before completing all sentencing requirements, including probation and restitution.
- Submitting incomplete or incorrect court documents.
- Not addressing prior convictions that may affect eligibility.
- Failing to respond to objections from the prosecutor’s office.
For those serious about clearing their record, consulting a criminal defense attorney is the best way to navigate the legal system and maximize the likelihood of success.
FAQs About Expungement and Set Aside in Arizona
Many people seeking to clear their criminal record have questions about the process, eligibility, and impact of expungement or a set aside. Below are answers to some of the most common questions.
Take Control of Your Future: Clear Your Criminal Record Today
Clearing your criminal record in Arizona can open new opportunities for employment, housing, and personal growth. While expungement is only available for certain marijuana-related offenses under Proposition 207, many individuals with other convictions may still qualify for a set aside, which updates the record to show that the conviction has been dismissed.
Choosing the Right Option
- Expungement – Completely removes a marijuana-related conviction from public records.
- Set Aside – Marks a conviction as dismissed, signaling that you have completed all legal requirements.
- Legal Guidance – Consulting with an attorney ensures that your petition is properly filed and increases the likelihood of success.
If you’re unsure whether you qualify for expungement or a set aside, The Valley Law Group is here to help. Our experienced criminal defense attorneys can evaluate your case, explain your legal options, and guide you through the process to clear your record.
Take the First Step Today
Call us for a free consultation to determine your eligibility.
Serving Phoenix, Scottsdale, Gilbert, and Peoria, Arizona.
Don’t let a past conviction hold you back. Contact The Valley Law Group today to start your path toward a clean record.
Sources:
- Arizona Courts. (n.d.). Proposition 207 – Expungement of Marijuana-Related Offenses. Arizona Judicial Branch. Retrieved on February 21, 2025, from https://www.azcourts.gov/prop207
- Maricopa County Superior Court. (n.d.). Criminal Record Set Aside Information. Retrieved on February 21, 2025, from https://superiorcourt.maricopa.gov/ll/criminal/
- Maricopa County Clerk of Court. (n.d.). Proposition 207 – Marijuana Expungement Information. Retrieved on February 21, 2025, from https://www.clerkofcourt.maricopa.gov/about/legal-information/proposition-207
- Arizona Judicial Branch. (n.d.). Arizona Court System Overview. Retrieved on February 21, 2025, from https://www.azcourts.gov
Jon McCarty has broad experience in a wide variety of family law matters. After graduating from the University of Illinois College of Law with the highest honors, Jon served as Law Clerk to The Honorable David Briones in the United States District Court for the Western District of Texas. Jon then spent several years practicing in a large law firm in Chicago, before starting his own multi-state practice concentrating in family and criminal law.
