ARS 13-911 Record Sealing vs. Setting Aside a Conviction in Arizona: Which Do You Need?

When you are trying to move forward with your life after a criminal charge in Arizona, navigating the legal system can feel overwhelming. Unlike many other states, Arizona does not offer a traditional "expungement" process for most criminal offenses. Instead, the state provides two distinct legal remedies to help you clear your name and regain your rights: sealing your record and setting aside your conviction. Whether you live in Phoenix, Tucson, or Mesa, understanding the critical differences between these two options is vital for your future employment, housing, and civil rights.

The Fundamental Difference Between Sealing and Setting Aside

Before you file any paperwork with the local court, it is important to understand exactly what each legal process does. They serve different purposes and offer different levels of protection.

ARS 13-911: Sealing Criminal Records

Under A.R.S. § 13-911, eligible individuals can petition the court to seal their criminal records. When a record is sealed, it is hidden from public view. This means that if a standard employer, landlord, or member of the public runs a basic background check, your sealed criminal record will not appear. However, it is not completely erased. Law enforcement agencies, courts, and certain state licensing boards, such as the Arizona Department of Public Safety, Phoenix, can still access a sealed record for specific official purposes.

ARS 13-905: Setting Aside a Conviction

On the other hand, A.R.S. § 13-905 allows a judge to set aside a conviction. Setting aside a conviction does not hide the record from public view. Instead, it adds a legal notation to your permanent record stating that you have successfully completed all court requirements, your penalties are discharged, and the judgment of guilt is set aside. The record still exists and will show up on background checks, but it will reflect this positive update.

Which Option is Better for Your Specific Needs?

Choosing the right path depends entirely on your specific goals. Here is a breakdown of how each option affects different areas of your life.

Employment Background Checks

If your primary goal is to pass a standard pre-employment background check for a corporate job, retail, or hospitality in Arizona, sealing your record under A.R.S. § 13-911 is generally the better choice. Once sealed, you can legally state on most job applications that you have not been arrested or convicted of that specific crime. However, if you are applying for a job that requires a high-level security clearance, such as a position with law enforcement or a federal agency, the sealed record will still be discovered.

Restoring Civil Rights

If you lost your civil rights-such as the right to vote, serve on a jury, or hold public office-due to a felony conviction, restoration is governed by A.R.S. § 13-907 and A.R.S. § 13-908 rather than setting aside the conviction. Under A.R.S. § 13-907, first-time felony offenders automatically regain their civil rights (including voting) upon completing probation or receiving an absolute prison discharge and paying all victim restitution. If you have two or more felony convictions, you must file a formal application under A.R.S. § 13-908 and Ariz. R. Crim. P. 30 While setting aside a conviction under A.R.S. § 13-905 vacates the judgment of guilt and releases you from penalties and disabilities, it is not the statutory instrument that restores voting rights for multiple offenders.

Professional Licensing

For professionals such as nurses, real estate agents, or teachers, a background check by a state licensing board will reveal both set-aside and sealed records. Licensing boards in Arizona often require full disclosure. In these cases, having a conviction "set aside" can be beneficial because it shows the board that a judge reviewed your case, recognized your rehabilitation, and formally discharged your penalties. It is highly recommended to consult with a local Arizona lawyer from our directory to determine the exact requirements of your specific licensing board.

Gun Ownership and Firearms Rights

Firearm rights restoration is a complex area of Arizona law. Generally, if your conviction involved a serious offense, simply sealing the record will not restore your Second Amendment rights. Setting aside the conviction under A.R.S. § 13-905(O) may restore your gun rights unless your conviction involved a "serious offense" under A.R.S. § 13-706 or a "dangerous offense" under A.R.S. § 13-704, as recognized in State v. Hall, 234 Ariz. 374 (AZ Court of Appeals 2014). In many cases, an Form CRRR10F, Arizona, Superior Court of Arizona in Maricopa County, Application Upon Discharge to Restore Civil and/or Gun Rights must be filed with the Superior Court in the county where you were convicted, such as the Maricopa County Superior Court, Phoenix.

Step-by-Step Process in Arizona

Whether you choose to seal or set aside your record, the process generally follows similar steps across all Arizona counties, from Coconino County to Pima County.

• Step 1: Verify Eligibility. Ensure you have completed all terms of your sentence, including probation, community service, and paying all fines and restitution. For sealing, you must also wait the required statutory waiting period.
• Step 2: Obtain Your Records. You will need a copy of your criminal history and case details. You can request this from the arresting agency or the Arizona Department of Public Safety, Phoenix.
• Step 3: Complete the Proper Forms. Depending on your goal, you will fill out either the Form AOCCRSL1F, Arizona, Supreme Court, Petition to Seal Criminal Case Records or the Form CRSA12f, Arizona, Superior Court of Arizona in Maricopa County, Application to Set Aside Conviction.
• Step 4: File with the Correct Court. You must file your petition in the exact court where your case was handled. This could be a local Municipal Court, a Justice Court, or a Superior Court.
• Step 5: Attend a Hearing (If Required). In some cases, the prosecutor may object, and the judge will schedule a hearing. Having a qualified local lawyer by your side can be incredibly beneficial during this step.

How Much Does it Cost in Arizona?

The costs associated with clearing your record in Arizona can vary depending on your situation and location.

• Court Filing Fees: Arizona courts charge $0 to file a petition to set aside or seal a record. Under A.R.S. § 13-905(B) and Ariz. R. Crim. P. 36.1, court clerks are statutorily prohibited from charging a filing fee. An administrative processing fee may only be charged by the Arizona Department of Public Safety, Phoenix to update central repository records under A.R.S. § 13-911(I), which is waived if you are indigent or if charges were dismissed.
• Record Retrieval Fees: Obtaining your official criminal history from the Arizona DPS typically costs around $20 to $30.
• Lawyer Fees: If you choose to hire an attorney, fees for these services generally range from $800 to $2,500, depending on the complexity of your case and the number of convictions you are addressing.

How Long Does the Process Take?

The timeline to seal or set aside a record in Arizona depends heavily on the court's backlog and whether the prosecutor objects to your petition. On average, once your paperwork is filed with the court, the process takes anywhere from 60 to 120 days. If a hearing is required, it may extend the timeline by several weeks.

Frequently Asked Questions (FAQ)