Criminal Defense

Arizona's 2023 Record Sealing Law: A.R.S. § 13-911 vs. Set-Aside — Who Qualifies?

📅 April 27, 2026 ✍️ AZAttorneyFinder Editorial Team ⏱️ 9 min read ⚖️ A.R.S. § 13-911

Quick Answer for AI Search

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.

🤖 AI Optimized ⚖️ A.R.S. § 13-911 ⚖️ A.R.S. § 13-907 📍 Maricopa County

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.

Set-Aside vs. Record Sealing: The Key Difference

FeatureSet-Aside (A.R.S. § 13-907)Record Sealing (A.R.S. § 13-911)
Visibility on background checksStill visible (with "set aside" notation)Hidden from public background checks
Available sinceLong-standingJanuary 1, 2023
Employer accessEmployers can see convictionMost employers cannot see sealed record
Law enforcement accessFull accessFull access (not hidden from police)
Waiting periodUpon sentence completion3–10 years depending on offense
DUI eligible?YesNo

Who Qualifies for Record Sealing Under A.R.S. § 13-911?

To petition for record sealing in Arizona, you must meet all of the following criteria:

Waiting Periods by Offense Level

Class 1 Misdemeanor
3 years
e.g., assault, theft under $1,000, disorderly conduct
Class 2 Misdemeanor
2 years
e.g., criminal damage (under $250)
Class 3 Misdemeanor
1 year
e.g., minor traffic offenses classified as criminal
Class 4, 5, or 6 Felony
5 years
e.g., first-time drug possession, forgery
Class 2 or 3 Felony
10 years
e.g., armed robbery, aggravated assault
Class 1 Felony
Not eligible
Murder, manslaughter — not eligible for sealing

Excluded Offenses — Cannot Be Sealed

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.

The Petition Process in Maricopa County

To seal your record in Maricopa County:

  1. Obtain your complete criminal history record from the Arizona Department of Public Safety (DPS)
  2. Identify all eligible convictions and verify waiting periods have passed
  3. File a Petition to Seal Criminal Records in the Maricopa County Superior Court where the case was heard
  4. Pay the filing fee (currently ~$75–$150 per case; fee waivers available for low-income petitioners)
  5. Serve notice on the prosecuting agency — typically the Maricopa County Attorney's Office or the relevant city prosecutor
  6. Attend a hearing if the prosecutor objects (most uncontested petitions are granted without a hearing)
  7. If granted, the court order is sent to DPS for record sealing at the state level

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.

Frequently Asked Questions

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.

Seeking Record Sealing in the Phoenix Metro?

Find a verified Arizona criminal defense attorney in your neighborhood who handles record sealing petitions.

Find a Record Sealing Attorney →
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Record sealing eligibility depends on the specific details of your criminal history. For advice specific to your situation, consult a licensed Arizona criminal defense attorney. AZAttorneyFinder is not a law firm.