Expungements / Set aside vs record sealing
Arizona criminal defense
Arizona set aside vs record sealing
If you have an old Arizona conviction or case record and want a cleaner background check picture, you have probably searched for “expungement.” That word is common in other states. Arizona often uses different labels. Most people are looking at a set aside, record sealing, or, in limited situations, marijuana expungement.
Sun Valley Law Firm is a Gilbert based criminal defense practice led by attorney Brian Garner. We help people across Maricopa County and nearby Pinal County understand which Arizona record relief path might fit. This page explains the differences in plain English and how to reach us for a free consultation. Nothing here guarantees a set aside, a seal, an expungement, or a particular background check result. Every record turns on its own facts, the court file, and the law.
People often land on our short Guide first. That Guide stays live as a brief overview. This page goes deeper on the same question map, including a short note on newer petty offense sealing rules. For the practice hub overview, see our Expungements and Arizona record relief page. For the short comparison Guide, see Arizona set aside vs record sealing.
Free Consultation (602) 654-3005
Who this page is for
This page is for people with an Arizona conviction or case record who want a clearer path to record relief. That includes people who finished a sentence years ago, people who recently completed probation or other conditions, and people who heard the word “expungement” and need Arizona’s real labels explained.
We focus on criminal defense and record relief framing only. This is not immigration advice, not employment advice, and not a promise about what any employer, landlord, or licensing board will see.
Why Arizona rarely matches the word “expungement”
In many states, “expungement” means a court erases or largely hides a conviction. Arizona does not offer broad expungement for most convictions that way. Searching that word is still common, and it is a fair place to start. The honest next step is to map your file to the tools Arizona actually uses.
Those tools usually fall into three tracks: a set aside, record sealing, and limited marijuana expungement where the law allows it. A fourth tool, felony redesignation under House Bill 2749, is different from all three. We cover that distinction below and link the live Guide when redesignation may matter.
We did not invent the waiting periods, offense lists, or eligibility rules online. Bring what you know about your case to a free consultation so we can review the record with you.
Set aside in plain language
A set aside asks a court to set aside a judgment of guilt after you finish the sentence requirements. It can help with some rights and some background checks. It does not erase the case from existence.
Eligibility and timing depend on the offense and your record. A set aside is not the same as sealing, and it is not the same as wiping a case off every database. If your goal is limiting who can see the file, sealing may be a separate question. If your goal is restoring certain rights after a conviction, a set aside may be the closer fit. Only a record review can tell which label fits your paperwork.
Record sealing in plain language
Record sealing limits who can see certain case records. It has its own rules about which cases qualify and when you can apply. Those rules are different from set aside rules.
Some employers, agencies, and courts may still have access depending on the situation. Sealing is not a promise that nobody will ever see the case. It is a narrower public access picture for eligible records. We will explain what that can mean for your file after we review it.
Limited marijuana expungement
Arizona law allows expungement for certain marijuana related offenses in limited situations. That path is narrower than a wipe the whole record option. It is a third track, not a substitute for set aside or sealing when those tools fit better.
If your case involved marijuana and the paperwork may qualify under current rules, bring the full case history to a free consultation. We will check whether limited marijuana expungement is even on the table before we talk about other relief.
Petty offense sealing and House Bill 2198
Newer Arizona law also addresses sealing for some petty offense convictions. Some petty offense convictions may qualify for sealing with no waiting period after the sentence is complete, starting September 12, 2026.
If you think your conviction was a petty offense, call us with the paperwork. A record review is the honest next step.
Felony redesignation is a different tool
House Bill 2749 created a separate path that can allow a court to redesignate certain older class 4, 5, or 6 felonies as a class 1 misdemeanor when the statutory findings are met. Redesignation is not sealing. It is not a set aside. It does not, by itself, erase the case.
If redesignation may matter for your file, start with the live Guide, then call us:
Arizona felony redesignation (House Bill 2749)
That Guide is general information. It is not a promise that you qualify. The redesignation path also has a time limited window described in the Guide. Do not wait on a deadline if that tool might apply.
How the firm helps
Our work typically includes reviewing the case history and what shows on your record; explaining which Arizona label fits your goals; filing in the right court when someone qualifies; and setting clear expectations about what employers and background checks may still see. We will not promise a set aside, a seal, an expungement, or a redesignation. Past results for other clients do not guarantee a similar outcome for you. See our flat fees for record clearing.
Related pages on this site
These live pages stay in place. Use them for shorter overviews, then return here for the deeper question map, or start with a free consultation.
Expungements and Arizona record relief (practice hub)
Arizona set aside vs record sealing (short Guide)
Arizona felony redesignation (House Bill 2749) (redesignation Guide)
Frequently asked questions
Does Arizona have expungement like other states? Not in the broad sense many people mean. Arizona often uses set aside and sealing instead, plus limited marijuana expungement where the law allows it. Start with your paperwork and a record review rather than assuming another state’s process applies.
What is a set aside in Arizona, in plain language? A set aside asks the court to set aside a judgment of guilt after sentence requirements are finished. It can help with some rights and some background checks. It does not erase the case from existence.
What is record sealing, and how is it different from a set aside? Sealing limits who can see certain case records. A set aside addresses the judgment of guilt after sentence requirements are done. Different rules, different results. Some employers, agencies, and courts may still see sealed or set aside matters depending on the situation.
What is limited marijuana expungement, and who might it help? It is a narrower path for certain marijuana related offenses under Arizona law. It is not a general wipe my whole record option. Bring the case history so we can see whether it even applies.
What changed for petty offense sealing under House Bill 2198? Some petty offense convictions may qualify for sealing with no waiting period after the sentence is complete, starting September 12, 2026. Ask us to review your record rather than relying on a web summary.
Does a set aside restore my rights? Sometimes related rights, sometimes not. Gun rights are a separate analysis. Bring the conviction paperwork so we can talk about what applies to your case.
Will employers still see my case after a set aside or sealing? Sometimes yes, depending on who is asking and what access they have. We can discuss realistic expectations after a record review. We cannot promise that a background check will come back clean.
Is felony redesignation under House Bill 2749 the same as sealing? No. Redesignation can change certain eligible felonies to a class 1 misdemeanor when the court makes the required findings. It is not sealing and not a set aside. Read the House Bill 2749 Guide, then call us.
What should I bring to a free consultation about my record? Bring any court paperwork you still have, the case number if you know it, the county and court name, the offense label, and a rough timeline of when the sentence finished. If family is calling for you, have them bring the same details.
Talk with Brian Garner
If you want a clearer picture of set aside, sealing, limited marijuana expungement, or related Arizona record relief, call (602) 654-3005 or email office@sunvalley.law to schedule a free consultation. Bring what you know about your case. We will review realistic options and next steps. We will not promise a result we cannot control.
Sun Valley Law Firm · Brian Garner, criminal defense attorney · 1525 S Higley Rd, Suite 104, Gilbert, AZ 85296 · Serving Maricopa County and Pinal County.
Free Consultation (602) 654-3005
Attorney advertising. Past results do not guarantee a similar outcome. This page is general information, not legal advice for your case.