Arizona enacted A.R.S. § 13-911 effective January 1, 2023, allowing actual record sealing for many criminal offenses — not just set-aside. Sealed records are hidden from most public background checks. Eligibility requires completing your sentence (including fines, probation, restitution), waiting 3 years for most misdemeanors or 5 years for most felonies, and having an eligible offense. DUI convictions, dangerous offenses, sex offenses requiring registration, and crimes against children cannot be sealed. A Maricopa County criminal defense attorney can file the petition in Superior Court.
For years, Arizona offered only "set-aside" (A.R.S. § 13-907) — a process that marked a conviction as "set aside" in court records but left it visible on background checks. In 2022, the Arizona legislature passed HB 2067, creating an entirely new record sealing mechanism that took effect January 1, 2023 as A.R.S. § 13-911.
The distinction matters enormously: a set-aside is still visible. A sealed record is hidden. For many Arizonans who completed their sentences years ago, the 2023 law opens the door to genuine relief from criminal history that has followed them into job applications, housing, and professional licensing.
| Feature | Set-Aside (A.R.S. § 13-907) | Record Sealing (A.R.S. § 13-911) |
|---|---|---|
| Visibility on background checks | Still visible (with "set aside" notation) | Hidden from public background checks |
| Available since | Long-standing | January 1, 2023 |
| Employer access | Employers can see conviction | Most employers cannot see sealed record |
| Law enforcement access | Full access | Full access (not hidden from police) |
| Waiting period | Upon sentence completion | 3–10 years depending on offense |
| DUI eligible? | Yes | No |
To petition for record sealing in Arizona, you must meet all of the following criteria:
The following offense categories are excluded from record sealing under A.R.S. § 13-911 regardless of waiting period:
Note on drug offenses: First-time drug possession charges — one of the most common reasons people seek relief — are generally eligible for sealing under the 2023 law. This is a significant change from the prior set-aside-only regime.
To seal your record in Maricopa County:
An attorney is not strictly required, but an experienced Maricopa County criminal defense attorney can identify all eligible convictions, prepare the petition correctly, and respond to any prosecution objections — significantly improving success rates.
Arizona enacted A.R.S. § 13-911 effective January 1, 2023. Unlike set-aside (A.R.S. § 13-907), actual sealing means the record is hidden from most background checks — employers, landlords, and the general public cannot see sealed records. Only law enforcement and certain government agencies can access sealed records.
Set-aside marks the conviction as "set aside" but it remains visible on background checks with a notation. Record sealing actually hides the record from public view. Sealed records do not appear on most background checks used by employers and landlords. Sealing is significantly stronger than set-aside.
You may qualify if: your sentence is complete (including probation, parole, fines, and restitution), the required waiting period has passed (1–3 years for misdemeanors, 5–10 years for felonies), and the offense is not excluded. Excluded offenses include dangerous crimes against children, sex offenses requiring registration, dangerous offenses with deadly weapons, and DUI convictions.
No. DUI convictions under A.R.S. § 28-1381, § 28-1382, and § 28-1383 are excluded from sealing under A.R.S. § 13-911. However, DUI convictions may still be eligible for set-aside under A.R.S. § 13-907, which provides some relief even though the record remains visible on background checks.
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