Overview Description

Records relating to a person who has been convicted of a criminal offense can have their judgement of guilt set aside if they have completed the conditions of their probation or sentence and have been discharged by the court. Ariz. Rev. Stat. § 13-905(A).

A person cannot get a judgment of guilt set aside if they have been convicted of: (a) a dangerous offense (see Ariz. Rev. Stat. § 13-105(13)); (b) an offense requiring the registration pursuant to section 13-3821; (c) a sexual offense pursuant to section 13-118; or (d) a felony offense involving a victim who is under the age of 15 years old. Ariz. Rev. Stat. § 13-905(N).

A petition must be filed, and the court will determine whether to grant the application. Ariz. Rev. Stat. §§ 13-905(A), (B), (C), (D).

The petitioner may be charged a fee by the department of public safety for preparing his report to the court. Ariz. Rev. Stat. § 13-911(H).

The court will order the sealing of all records relating to the person’s arrest, conviction, and sentence. Ariz. Rev. Stat. § 13-911(I). Once the order is granted, with exceptions, the petitioner may be able to state on employment, housing, and financial aid or loan applications that they have never been arrested for, charged with, or convicted of the crime that is the subject of the arrest or conviction. Ariz. Rev. Stat. § 13-911(I)(5).