Arizona Record Sealing: The 2023 “Expungement” Law Explained

Sealing vs. set aside vs. true expungement

Three different remedies get lumped together in conversation, and they do very different things.

• ▸Sealing (A.R.S. § 13-911, the 2023 law) — hides eligible arrest, conviction, and sentencing records from public view. In most situations you can legally say the arrest, charge, or conviction never happened. The records still exist for law enforcement and the courts.
• ▸Set aside (A.R.S. § 13-905) — vacates the judgment of guilt, but the record stays public with an annotation that it was set aside. Nothing is removed or hidden.
• ▸True expungement (A.R.S. § 36-2862) — complete erasure, inaccessible even to courts and law enforcement. Very narrow: only certain low-level marijuana offenses from before Nov. 30, 2020, under Prop. 207.
• ▸For fair-chance hiring, § 13-911 sealing is the one that matters — it’s the closest thing Arizona has to a broad expungement remedy.

Who can petition to seal

• ▸Charges dismissed, acquittals, and arrests that never led to charges — no waiting period, you can petition immediately.
• ▸Convictions for an eligible offense — only after the entire sentence is complete (jail or prison time, probation, and all fines, fees, and restitution) and the waiting period has passed.

Waiting periods for convictions

The clock starts after the entire sentence is complete, not at sentencing.

• ▸Class 2 or 3 felony — 10 years
• ▸Class 4, 5, or 6 felony — 5 years
• ▸Class 1 misdemeanor — 3 years
• ▸Class 2 or 3 misdemeanor — 2 years
• ▸Unpaid restitution or fines delay eligibility. Multiple convictions each carry their own waiting period, and a denied petition generally means waiting before refiling.

What can never be sealed

Some categories are permanently ineligible under § 13-911, no matter how much time passes:

• ▸Dangerous offenses — use, discharge, or threatened use of a deadly weapon or dangerous instrument, or intentional infliction of serious physical injury
• ▸Dangerous crimes against children
• ▸Serious, violent, or aggravated felonies
• ▸Sex trafficking offenses
• ▸Offenses requiring sex-offender registration
• ▸Certain Class 2–5 felonies under specific statutory chapters
• ▸Most DUI convictions — DUI, extreme DUI, and aggravated DUI

What changes once a record is sealed

• ▸The records come out of public access and won’t show up on a standard background check.
• ▸You may legally state, for employment, housing, and financial aid or loan applications, that the arrest, charge, or conviction never happened — with limited statutory exceptions.
• ▸Sealed records stay accessible to law enforcement, the courts, and certain agencies, including licensing in sensitive fields.
• ▸Sealing does not automatically restore firearm rights — that’s a separate process.

What this means for your job search

• ▸With a sealed record you can usually answer “no” truthfully to a background-check question about that offense — know exactly which offenses your order covers before you rely on it.
• ▸Because sealing excludes dangerous, violent, child-related offenses and most DUIs, plenty of people won’t have a sealing path. For them, targeting employers with published fair-chance policies matters even more.
• ▸Sealing isn’t a guarantee of invisibility — licensing-sensitive roles can still surface a sealed record. Plan your disclosure strategy accordingly.

Sources and disclaimer

Arizona Revised Statutes § 13-911, § 13-905, and § 36-2862, plus Arizona criminal defense firm summaries (2023–2026). This is general information, not legal advice — confirm your individual eligibility with an attorney or the Arizona Judicial Branch.