Arizona Set Aside vs. Expungement: Understanding What You Can Actually Get

If you have a conviction in Arizona and you are searching for expungement, you need to know something upfront: Arizona does not have general expungement. Most people with adult convictions in Arizona cannot get their record erased. What Arizona does have is called a set aside — which sounds good, but it is not the same thing. This guide explains exactly what a set aside does, what it does not do, and where the real expungement option exists in Arizona (hint: it is only for marijuana).

The honest answer: Arizona does not have expungement for most convictions

In most states, expungement means the record is sealed or destroyed. Employers run a background check and come up empty. You can answer "no" on most applications.

In Arizona, that does not exist for most convictions. The state legislature has not created a general expungement law. If you were convicted of a crime in Arizona and you are an adult, your options are limited to:

• Set aside under A.R.S. § 13-905 — available for most misdemeanors and many felonies, but does not hide the conviction
• Expungement of marijuana offenses under Prop 207 — true expungement, but only for qualifying marijuana records
• Pardon from the Governor — available but rare and not automatic

Before diving into the process, it is important you understand what you are actually getting. A lot of people file for a set aside, pay the fee, wait for the order — and then are blindsided when employers can still see their conviction. That is not a bug in the process. That is how Arizona set asides work by design.

What a set aside actually does in Arizona

When an Arizona court grants a set aside:

• The judgment of guilt is set aside (vacated)
• The charges are dismissed
• You are released from most penalties and disabilities that attached to the conviction
• The record is updated to note that the judgment was set aside — but the underlying conviction remains visible on your record

That last point is critical. A set aside does not seal the record from public view. It does not disappear from background checks. Employers running a standard background check will still see the original conviction — they will also see that it was set aside, which is noted on the record. Whether an employer treats a "set aside" differently from an active conviction is entirely up to them. Arizona law does not require them to ignore it.

So why bother? A few reasons. A set aside restores some civil rights that were suspended by the conviction. It demonstrates that you completed your sentence and the court formally acknowledged it. Some employers and licensing boards do weigh a set aside favorably. And it is a formal legal act you can point to. But it is not expungement, and it will not produce a clean background check.

Who qualifies for a set aside — and who does not

Arizona's set aside law covers a broad range of offenses but has important carve-outs. The court has discretion to grant or deny based on the nature of the offense and your circumstances.

The one place Arizona has real expungement: marijuana

Arizona voters passed Proposition 207 in 2020, legalizing recreational marijuana. As part of that law, Arizona created a genuine expungement process for past marijuana convictions — not a set aside, but actual expungement, meaning the record is cleared.

Under Prop 207, you may be eligible for expungement if your conviction involved:

• Possession of 2.5 ounces or less of marijuana
• Possession of 12.5 grams or less of marijuana concentrate
• Possession of drug paraphernalia related to marijuana personal use
• Transportation or transfer (without payment) of 2.5 ounces or less of marijuana to someone 21 or older
• Cultivation of 6 or fewer marijuana plants at home

How to file for a set aside

If a set aside is your best available option, here is the process. You can do this without an attorney, though the paperwork requires attention to detail.

Because a set aside does not stop background check companies

Here is the practical reality: after a set aside, your conviction still shows up on most background checks. Data broker websites — the ones that aggregate public records and sell them — will still show your record with or without the set aside notation.

This is where your rights under the Fair Credit Reporting Act (FCRA)become relevant. The FCRA gives you the right to dispute inaccurate information in your consumer file. If a background check company is reporting information incorrectly — wrong charge, wrong disposition, old information that should have aged off — you can formally dispute it.

Additionally, the FCRA limits how far back most background checks can report convictions when used for employment below a certain salary threshold. And many data broker websites have their own opt-out processes that you can use regardless of whether you have a set aside.

For Arizona residents, where the set aside does not produce a clean background check, actively managing what background check companies report — and disputing inaccurate or outdated entries — is often a more effective strategy than the set aside alone.

Free legal resources in Arizona

The bottom line for Arizona

Arizona is an honest case where the law does not give most people what they are looking for. If you have a marijuana conviction, Prop 207 created a real expungement pathway — and it is worth pursuing. If you have other convictions, the set aside is available and provides some benefits, but it will not produce the clean background check that most people are hoping for.

Knowing your options clearly — and knowing what each option actually does — is the starting point. From there, you can decide what makes sense for your situation.