By Your Phoenix Attorney • 2026-05-23
Set-Aside vs. Expungement in Arizona: Key Differences
A set aside under ARS §13-905 is the oldest Arizona post-conviction remedy. Record sealing under ARS §13-911 (effective 2023) is the newest. Prop 207 expungement under §36-2862 sits between them for marijuana cases. They are not interchangeable — combining them is often the strongest move. This guide walks through what each remedy actually does, who qualifies, and which to pursue first.
The three Arizona post-disposition remedies
| Remedy | What it does | Who qualifies |
|---|---|---|
| Set-aside (§13-905) | Vacates judgment of guilt; record stays visible with annotation | Most non-dangerous, non-sex-offense convictions after completion of sentence |
| Record sealing (§13-911) | Seals records from public view; law enforcement retains access | Tiered waiting periods after sentence completion; excludes dangerous and certain sex offenses |
| Prop 207 expungement (§36-2862) | Full sealing/erasure as if the case did not occur | Qualifying marijuana convictions only |
What does a set-aside actually do?
An ARS §13-905 set-aside vacates the judgment of guilt, dismisses the accusation, and releases the petitioner from the disabilities of the conviction. But the record itself remains visible on background checks; it is simply annotated to show the set-aside was granted. That is why a set-aside helps with some private-sector hiring (and some occupational licenses) but does not always help when the gatekeeper requires no record at all.
Who does NOT qualify for a set-aside?
Set-aside is unavailable for dangerous offenses, sex offenses involving children, offenses requiring sex-offender registration, and most driving offenses that result in serious physical injury. Convictions for which restitution remains unpaid generally do not qualify.
What does ARS §13-911 record sealing do?
Effective January 1, 2023, ARS §13-911 lets eligible Arizonans petition to seal arrest, charge and conviction records from public view. After sealing, the records are not available to landlords, employers (outside narrow regulated industries), or credit bureaus. Law enforcement, courts and certain licensing agencies retain access. Once sealed, you may state under oath that the offense did not occur, subject to exceptions like applications for peace-officer certification or licensure to work with children.
How long do I have to wait to seal?
- 2 years after completion of sentence — most Class 4–6 felonies and Class 1 misdemeanors.
- 5 years — Class 3 felonies.
- 10 years — Class 2 felonies.
- The clock starts when probation, fines, restitution and all other sentence terms are fully complete.
What does a Prop 207 expungement do?
The Prop 207 expungement under §36-2862 is currently the only true expungement in Arizona. It applies only to qualifying marijuana arrests, charges and convictions. The full procedure is covered in our dedicated guide on Arizona marijuana expungement under Prop 207.
Set-aside vs. record sealing vs. Prop 207 expungement — side-by-side
| Feature | Set-aside §13-905 | Sealing §13-911 | Expungement §36-2862 |
|---|---|---|---|
| Conviction status | Vacated | Vacated for most purposes | Erased / sealed |
| Visible on background check | Yes (annotated) | No (sealed) | No |
| Waiting period | On completion of sentence | 2 / 5 / 10 years by class | Immediate |
| Firearm rights | Not restored — need §13-925 | May restore by separate provision | Restored for the marijuana case |
| Eligible offenses | Most non-dangerous, non-sex | Excludes dangerous, registrable sex offenses | Marijuana only, within thresholds |
| Can answer 'no' on job applications? | Limited | Usually yes | Yes |
Which should I pursue first?
If you qualify for more than one, the strongest plan is usually set-aside immediately and sealing as soon as the §13-911 waiting period clears. The set-aside provides relief now; sealing removes the record from public view later. For marijuana cases, the Prop 207 expungement is the cleanest single remedy and should be filed first. We handle each path through the same intake.
What about firearm rights?
Set-aside under §13-905 specifically does not restore firearm rights. Restoration requires a separate petition under ARS §13-925 for state felonies, and federal disabilities (including the Lautenberg DV ban) remain even after Arizona relief in most cases. Treat firearm restoration as a parallel, additional petition rather than an automatic consequence.
How Your Phoenix Attorney can help
- Audit your full Arizona record to identify every available remedy.
- File set-aside, sealing and (where eligible) expungement petitions as a coordinated plan.
- Pair a §13-925 petition with set-aside when firearm restoration is the goal.
- Defend petitions against prosecutor objections at hearing.
- Confirm DPS and the court update the public record after the order is signed.
Learn more on our set-aside & record sealing and post-conviction relief pages.
Frequently asked questions
What is the difference between a set-aside and an expungement in Arizona?
A set-aside under ARS §13-905 vacates the judgment of guilt and releases you from the conviction's penalties, but the record remains visible on background checks with an annotation. An expungement under ARS §36-2862 (Prop 207, marijuana only) seals the records so you can answer 'no' on most applications. Different remedies, different consequences.
Will a set-aside restore my gun rights in Arizona?
Not by itself. ARS §13-905 specifically does not restore firearm rights. To restore firearm rights you typically need a separate petition under ARS §13-925 for a state felony, plus federal-level relief that is currently very limited for federal disabilities. A misdemeanor DV conviction triggers a federal lifetime ban that no Arizona remedy removes.
How long after my sentence ends can I petition for record sealing?
ARS §13-911 sets tiered waiting periods after completion of all sentencing terms: 2 years for most Class 4–6 felonies and Class 1 misdemeanors, 5 years for Class 3 felonies, 10 years for Class 2 felonies. Some offenses (dangerous, sex offenses against minors) are excluded entirely. The clock starts when probation, fines and restitution are complete.
Does a set-aside show up on a background check?
Yes, in most cases. A §13-905 set-aside leaves the record visible, annotated with the set-aside order. Employers see both the conviction and the relief. That is why many people combine a set-aside with a §13-911 sealing petition once enough time has passed — sealing removes the record from public view.
Which is better, a set-aside or sealing?
Sealing (§13-911) is the stronger remedy when you qualify because it removes the record from public access. A set-aside (§13-905) is available sooner and has fewer disqualifiers, so it is often the right first step. The strongest plan, when eligible, is set-aside immediately and sealing as soon as the waiting period clears.
Need help with an Arizona set-aside, record sealing or expungement? Call Your Phoenix Attorney at 623-335-4014 for a free consultation. We serve Phoenix, Scottsdale, Mesa, Gilbert, Glendale, Tucson and Paradise Valley — statewide Arizona.
This article is for general information only and is not legal advice. Every case turns on its specific facts. Speak with a licensed Arizona attorney about your situation.
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