Arizona now allows certain criminal records to be sealed or expunged (expanded in 2021 and 2023), in addition to the older “set aside” process that does not erase a conviction. Eligibility depends on offense class and waiting periods (Class 2 and 3 after 10 years; Class 4 and 6 after five years, with extra time for prior felonies), completion of sentence, and payment of all obligations. Class 1, sex crimes, and violent crimes are ineligible.
Sealed and expunged records generally won’t appear on background checks but can still be accessed by certain agencies or in specific applications. Non-conviction records (uncharged arrests, dismissed charges, and acquittals) can also be sealed, and a Certificate of Second Chance can help restore opportunities and certain rights.
If you are exploring the Arizona expungement process, note that expungement in Arizona and record sealing were expanded under recent Arizona expungement laws, offering clearer paths on how to clean your record of a felony.
Yes, an individual may be able to set aside a felony from their criminal record in the State of Arizona. Prior to the early 2020s, Arizona did not have the same expungement process as other states but, instead, a felony could only be set aside.
If you’re asking, “Can you get your felony expunged?” or “Can you get felonies expunged?” the answer now depends on the specific offense and the eligibility rules described below.
This process does not erase the conviction or prevent the public from viewing it as a traditional expungement does. It places a notation on the individual’s criminal record, stating that it has been set aside.
This process can benefit the individual because it shows that they met all of the requirements, which can put them in a more favorable position with potential employers and landlords. It can also be used to restore their gun ownership rights.
Beginning in 2021, Arizona began to pass laws allowing individuals to have certain crimes expunged from their records. This means that individuals who were arrested for, charged with, or convicted of a variety of offenses could have their records sealed or completely erased.
In 2023, the State of Arizona passed more expansive Arizona expungement laws that allowed individuals to have more offenses expunged from their criminal records. This means that those offenses will no longer appear on criminal background checks.
For many people wondering, “How do I get a felony expunged from my record?” the eligibility and process sections below outline the core steps.
The only way a party would be able to access those records once sealed is to get a court order. This process also allows the individual to be able to state that they have never been arrested or convicted of a crime when they submit an application for housing or employment.
This can be extremely helpful in allowing an individual to have a fresh start. It is important to be aware that, even though a criminal record may be sealed, certain government officials may still be able to access the record.
In other words, although a sealed or expunged criminal record cannot be found by members of the public, there will still be a record of it with the court. There are also requirements and restrictions to obtaining an expungement in Arizona that will be discussed below.
If an individual has a felony conviction on their criminal record, it can cause them to have issues with things such as:
Even in cases where an individual’s criminal case did not conclude with a formal conviction, when an individual has a record of arrest or criminal prosecution, it can cause them similar issues as if they had a conviction.
Prior to 2023, the State of Arizona was the only state that did not make sealing or expungement available for a non-conviction record. Currently, however, individuals in Arizona can petition to have uncharged arrests, dismissed charges, and acquittals sealed as well.
Another relatively new form of assistance for individuals convicted of criminal offenses in Arizona is a Certificate of Second Chance. Under this law, an individual may obtain a court order, including a Certificate of Second Chance at sentencing after they are convicted of a criminal offense.
This certificate will allow them to petition to have their record set aside as well as achieve judicially certified rehabilitation. This can allow the individual to restore their rights to get certain professional certifications that they typically would not have access to following a conviction of certain offenses, including jobs involving medical cases, childcare, and teaching.
As noted above, certain parties, such as law enforcement agencies and licensing or employment entities may still be able to access sealed or expunged criminal records when an individual is:
Applying for a state license where they are required to swear under penalty of perjury regarding their criminal record
Applying for immigration or naturalization procedures
Asked about their expunged criminal record under oath at a criminal trial
Applying for employment with the military or federal government that requires a security clearance or background check
There are factors that may influence the decision of a court when determining whether or not to grant a felony expungement, including:
The nature of the criminal offense
How old the individual was at the time of the offense
The amount of time that has passed since the individual was arrested or convicted
Whether the individual has completed the court-ordered requirements for their sentence
Whether an individual has other felony convictions
Whether the victim was under 15 years of age
Whether the crime was sexually motivated
Which Felonies Can Be Expunged?
If you’re wondering what crimes can be expunged in Arizona and how long until you can expunge a felony, the following waiting periods apply:
Class 2 and 3: After 10 years
Class 4, 5, and 6: After five years
When an individual has a prior felony conviction on their record, it adds five more years to the existing waiting period. If they have two or more convictions, they cannot ask for their record to be sealed until the required time period has passed for each conviction.
In general, many non-violent offenses may qualify; so, can you get a non violent felony expunged? Often yes, subject to the waiting periods and exceptions below.
In order to be eligible for expungement in Arizona, an individual must:
Complete their sentence
Pay all of the required fees, fines, and restitution amounts
Complete mandatory waiting periods
In some situations, if an individual cannot afford certain fees, they may be able to request a waiver. An Arizona lawyer can help determine if an individual qualifies for a waiver as well as assist them with applying for one.
The Process of Expunging a Felony
If you’re asking how can you get a felony expunged, in Arizona the general process includes:
Waiting the required amount of time after completing the sentence
Filing an application for expungement
Paying the required application fees
Providing the necessary documentation
Appearing in court, if necessary
It may take six months or more to complete the expungement process. It may also take longer after that process for law enforcement agencies to adjust an individual’s criminal record.
If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?
Once a felony is expunged, it is not totally erased from an individual’s criminal record, but it is no longer a matter of public record. When a background check is performed for the individual, the expunged offense should not show up.
There are, however, as discussed above, some instances where law enforcement agencies and employment agencies may access the records, such as when individuals apply for:
Healthcare positions
Legal professions
Government positions
Education positions
Law enforcement positions
Financial services positions
Positions working with children
To find out more about when an individual may have to disclose a restricted felony in Arizona, it is important to consult with an attorney.
Which Felonies Are Not Eligible for Expungement?
There are certain Felonies in the State of Arizona that are not eligible for expungement, such as:
Class 1 felonies
Sex crimes
Violent crimes
These include offenses that involve deadly weapons or knowingly inflicting serious bodily injury on another individual.
Do I Need an Attorney for Help With Felony Expungement?
When you have a criminal record in Arizona, you may encounter issues when you try to obtain employment or housing. If you would like to find out whether your felony conviction is eligible for expungement, you should reach out to an Arizona expungement lawyer.
You can use LegalMatch to find an Arizona expungement lawyer near you who can start working on your request as soon as possible by submitting your question on the website. You will receive responses from lawyers who can help you with the Arizona expungement process and, if for some reason you are not eligible, determine if there are other options that may be available to assist you. An attorney can also guide you in getting a felony expunged by assessing eligibility, timing, and documentation.
Jennifer joined LegalMatch in 2020 as a Legal Writer. She holds a J.D. from Cumberland School of Law and has been a member of the Alabama State Bar since 2012. She holds a B.A. in Criminology and Criminal Justice and a B.A. in Spanish, both from Auburn University. Jennifer’s favorite parts of legal work are research, writing, and helping individuals understand their legal options. Jennifer enjoyed being a Law Clerk for a distinguished Circuit Judge in Alabama. She is a work-from-home mom and homeschool teacher of three children. She enjoys reading as well as coffee dates with her husband, a distinguished member of local law enforcement.
