Understanding Expungement in Arizona
In Arizona, expungement offers individuals a path to clear certain criminal offenses from their records, helping them overcome barriers in employment, housing, and other critical areas of life. Knowing how expungement works, who qualifies, and the advantages it offers is crucial if you’re considering this opportunity to move forward with a clean slate.
What Is Expungement?
Expungement refers to the legal process of erasing, sealing, or restricting public access to a criminal record. In Arizona, eligible individuals can petition the court to expunge their records, allowing them, in most cases, to legally state they do not have a criminal history.
Prior to 2021, Arizona did not offer true expungement. Instead, individuals could request that their conviction be “set aside.” However, setting aside a conviction did not erase it; the record remained visible with a note showing that the defendant met all legal obligations and demonstrated rehabilitation.
Recent legal changes have now made genuine expungement a reality for many people in Arizona.
Updates to Arizona’s Expungement Laws
Major changes took effect starting in 2021 and 2023, significantly expanding Arizona’s post-conviction relief options. Two key statutes now govern the expungement and sealing of criminal records.
Arizona Revised Statute (ARS) § 36-2862
This law allows for the expungement of certain marijuana-related offenses, including:
- Possession, use, or transport of up to 2.5 ounces of marijuana (with no more than 12.5 grams of concentrate)
- Cultivating, transporting, or processing no more than six marijuana plants for personal use
- Possessing paraphernalia for cultivating, processing, or consuming marijuana
It’s important to note that offenses involving the sale or distribution of marijuana do not qualify for expungement under this statute.
Individuals seeking relief must file a petition with their local court. In some cases, a hearing may be scheduled where both the petitioner and the prosecution can present evidence and arguments before the judge decides whether to grant the expungement.
Arizona Revised Statute (ARS) § 13-911
Effective January 1, 2023, ARS § 13-911 created a process for sealing a broader range of criminal records.
Individuals may be eligible to seal their records if:
- They completed all requirements of a criminal sentence.
- They were charged, but the charges were dismissed (or they received an acquittal).
- They were arrested but never formally charged.
Arizona law imposes different waiting periods before a petition for record sealing can be filed:
- Class 2 or Class 3 felony: 10 years after sentence completion
- Class 4, 5, or 6 felony: 5 years
- Class 1 misdemeanor: 3 years
- Lower-level misdemeanors: 2 years
The clock starts running once the individual has completed all terms of their sentence. Sealing a record can prevent many of the long-lasting consequences of a criminal record.
Crimes That Cannot Be Expunged in Arizona
While Arizona’s new laws provide relief to many, certain serious offenses are not eligible for expungement or record sealing.
These include:
- Class 1 felonies
- Violent crimes involving serious bodily injury
- Specific sex offenses
- Crimes involving the use or display of a deadly weapon
- Certain aggravated assault offenses
Reviewing your criminal history with an experienced attorney to determine whether your case qualifies is essential.
Contact an Experienced Tucson Criminal Defense Lawyer at Katsarelis Law Criminal Defense Attorneys Today For Help
For more information, contact the Tucson criminal defense attorneys at Katsarelis Law Criminal Defense Attorneys for a free consultation.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439