📅 2026 Update: Recent Changes to Arizona Expungement Laws

Since the original article was published, Arizona has made significant updates to its expungement laws. These changes provide more opportunities for individuals to clear their records, particularly for misdemeanor convictions and certain marijuana-related offenses. The earlier article continues further down the page.

🥳 New Misdemeanor Expungement Eligibility

Starting January 1, 2026, individuals convicted of misdemeanors can now petition for expungement three years after completing their probation or sentence conditions. This change expands access for many seeking to improve their lives without the burden of past convictions.

  • 🔑 Key Point: This new rule does not apply to all misdemeanors; specific offenses are still excluded from expungement.

🌿 Marijuana-Related Offenses

As of July 12, 2021, individuals with specific marijuana-related offenses can petition for expungement. This includes offenses for possessing or transporting small amounts of marijuana or marijuana plants.

  • 🌱 Important Note: Eligibility is limited to offenses committed before the law changed.

📜 Record Sealing Expanded

On September 14, 2024, new rules allowed individuals who were arrested but not charged, or had their charges dismissed, to seal their records. This change helps protect the privacy of those who were not convicted.

  • 🔒 Privacy Benefit: Once records are sealed, individuals can legally state they have never been arrested or charged for that offense.

⏳ Filing Fees Waived

Currently, there is no filing fee for expungement petitions. However, if the petitioner is not considered indigent, a reasonable fee may be charged by the Department of Public Safety to research the criminal history record.

  • 💰 Cost Savings: This makes it more affordable for individuals to pursue expungement.

📌 Key Points Summary

  • 🔄 Misdemeanor expungement available three years post-sentence starting January 1, 2026.
  • 🌿 Marijuana-related offenses eligible for expungement if committed before July 12, 2021.
  • 📜 New record sealing rules apply to non-charged arrests as of September 14, 2024.
  • 💸 No filing fee for expungement petitions; potential fees for record research.
  • 🔑 Eligibility and exclusions still apply; consult local guidelines for specifics.

💡 Tips for Navigating Arizona Expungement Laws

Consider discussing your unique situation with an attorney to understand the best steps forward in your expungement process.

📋 Gather Required Documents

Start by collecting all necessary documents, such as personal details, offense descriptions, and court case numbers. This will streamline the filing process and ensure that you have all the information you need.

🏛️ Know Where to File

Depending on your situation, file your expungement petition in the appropriate court. For convictions, this is the court where the conviction occurred. For dismissed charges, file in the court where the case was initially filed.

⌛ Be Aware of Waiting Periods

If you are seeking expungement for a misdemeanor conviction, remember that you must wait three years after completing probation or sentence conditions before filing. This is a critical timeline to keep in mind.

📑 Use Available Resources

Take advantage of resources like the Arizona Judicial Branch website. They provide forms and helpful information for those seeking to expunge or seal their records.

🤝 Seek Free Assistance

These offices offer assistance with expungement petitions for eligible individuals at no cost.

🚀 Stay Informed on Changes

Laws and regulations can change. Regularly check for updates to Arizona expungement laws to ensure you have the most current information regarding eligibility and filing processes.

❓ Frequently Asked Questions

❓ What types of offenses can be expunged in Arizona?

In Arizona, individuals can expunge certain marijuana-related offenses and misdemeanors, except for specific excluded offenses like dangerous crimes against children.

🔍 How can I seal my arrest record?

If you were arrested but not charged or had your charges dismissed, you may file a petition to seal your records. This became possible starting September 14, 2024.

💼 Will expungement help my job prospects?

Yes, expunged records allow individuals to state they have no prior convictions for the expunged offense, which can improve employment opportunities.

⏳ How long does the expungement process take?

The timeframe can vary as the court may hold a hearing if requested. Generally, the process length depends on the specifics of each case.

📅 Are there deadlines for filing expungement petitions?

Yes, for misdemeanor convictions, the petition can be filed no sooner than three years after completing probation or sentence conditions.

🕵️‍♂️ Can sealed records still be accessed?

Yes, sealed records may still be accessed in specific legal contexts, such as for enhancing sentences on new felony charges.

⚖️ Recent Cases Impacting Arizona Expungement Laws

Recent court rulings have clarified and shaped the application of expungement and sealing laws in Arizona. These cases emphasize the importance of understanding eligibility and the nuances of the expungement process.

For more detailed information and recent rulings, feel free to check more rulings on the news page.

End of October 2026 Update






Since September 11, 2001, the amount of companies requiring criminal background checks as a step in their job application process has increased dramatically. Today, most companies, financial institutions, and licensing bureaus perform criminal background checks to ensure the trustworthiness of a particular person. If one's criminal background check should have blemishes, it could be severely damaging to one's chances of getting ahead in society. Therefore, expungement law is becoming an increasingly important sub-field of criminal law today.



Arizona expungement attorneys can help an individual apply to have their criminal records erased or sealed.  Arizona's equivalent to expungement law is described as "setting aside" one's criminal records. This means that someone's criminal records still legally exist but are not available to all.



After an Arizona resident has "set aside" his or her records of arrest and convictions, the records are essentially expunged in most cases. The most common case in which one's "set aside" records remain to be considered is in a court of law. This ensures that repeat offenders be given the severe punishments they are due. At the same time, Arizona law gives reward to individuals who were convicted of non-violent crimes a chance to reform without the damaging social stigma of having been convicted of a crime.

Arizona Expungement Laws


The success of one's motion to have their criminal records expunged in Arizona depends primarily on the severity of the crime committed. Records of arrests and convictions tend to linger regardless of the duration of time that has passed, the State in which a crime had been committed, or guilt or innocence. 



Arizona places the burden of having a criminal record expunged on the individual. It is a person's individual responsibility to clear his or her name even if it was determined that the records appearing on the criminal background check are a result of false accusation or innocence beyond a reasonable doubt.



Records may be expunged even if the defendant was determined to be guilty and had spent some time in prison or jail. Persons convicted of felonies have been granted motions to have their criminal records expunged for a particular crime. However, this seldom occurs if ever. The most important factor the courts consider in granting one's motion to expunge their criminal records is the severity of the crime and its effect on the greater society. Under Arizona expungement law, felons convicted of violent crimes will not be granted any motion to their records "set aside."



Successful motions for the expungement of criminal records in Arizona are granted for those convicted or falsely accused of misdemeanor criminal conduct. Even motions to have a misdemeanor driving while intoxicated (DUI) arrest have been granted under the proper circumstances. 



A person must display proof that the person in question possesses no risk factors for repeat offense. In the case of driving while intoxicated, the individual must show that his or her drinking habits have changed and that the person has not had another DUI or alcohol-related accident in a very long time. Under Arizona expungement law, cases in which a person had been found not guilty of driving while intoxicated may also petition the Arizona Motor Vehicle Department to have their DUI arrest expunged.



Arizona's expungement laws give proper punishment to repeat offenders and give convicted non-violent offenders the opportunity to leave their past and reform. Arizona has among the fairest expungement laws in the United States