This guide can give you a place to start your research when you have a criminal case, and you want the court to take some action regarding your conviction or judgment. There are a few options one can take, such as asking the court to set aside, seal, or expunge a criminal judgment, as well as asking the court to restore one’s civil and/or gun rights after being convicted of a crime. Setting aside, sealing, or expunging judgments are all separate and different actions that have unique effects and have different requirements.

“Case Record” means all records related to your arrest, conviction, and sentence for a specific offense. This includes Court records (but not Arizona Supreme Court or Arizona Court of Appeals records); Department of Public Safety, Central State Repository records; Prosecuting agency records; and Law enforcement agency records. AZcourts.gov. 

“Civil Rights” means the right to vote; the right to hold public office of trust or profit; the right to serve as a juror; and the right to possess a firearm. ARS §13-904

“Expungement” means the court orders law enforcement and all relevant court personnel to remove information about the expunged conviction or arrest from your record. That means employers, organizations, or people conducting background checks for apartment rentals, employment, financial loans, and even college admission, won’t have access to state records to see your arrest or conviction, whether a misdemeanor or felony. Expungement is only possible for marijuana-related offenses in Arizona. AZExpunge.org.

“Sealing” means the court hides public access to the criminal case record. If the court grants the petition under ARS § 13-911, the petitioner would be allowed 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. The petitioner must apply to seal their records in each court in which they have been convicted, and the records may still be accessed by certain persons, such as law enforcement agencies (see more information here).  AZcourts.gov.

To “set aside” a judgment means that a person convicted of a crime has been released from all penalties and disabilities resulting from the conviction. A set aside is not the same thing as an expungement or a sealing. The record is still accessible to the public, though it will have a notation stating that the judgment has been set aside. Setting aside a judgment is only available for crimes convicted in the State of Arizona. Community Legal Services.

Arizona Revised Statutes §§13-601 through 13-610: These Arizona statutes govern criminal classification of offenses and authorized dispositions of offenders.

Arizona Revised Statutes §§13-701 through 13-719: These Arizona statutes govern criminal sentencing and imprisonment.

Arizona Revised Statutes §§13-801 through 13-825: These Arizona statutes govern criminal restitution and fines.

Arizona Revised Statutes §§13-901 through 13-925: These Arizona statutes govern probation and restoration of civil rights.

Arizona Revised Statutes §§36-2801 through 36-2865: These Arizona statutes govern permitted marijuana uses.

Arizona Revised Statute §13-904: This Arizona statute governs the causes for suspension of one’s civil and firearm/gun rights.

Arizona Revised Statute §13-905: This Arizona statute governs the setting aside of a criminal judgment.

Arizona Revised Statute §13-906 and 13-308: These Arizona statutes govern the restoration of one’s civil and firearm/gun rights.

Arizona Revised Statute §13-907: This Arizona statute governs the automatic restoration of civil rights for first time offenders.

Arizona Revised Statute §13-910: This Arizona statute governs the restoration of one’s firearm/gun rights.

Arizona Revised Statute §13-911: This Arizona statute governs the sealing of criminal records.

Arizona Revised Statute §36-2862: This Arizona statute governs expungement of criminal marijuana-related records.

Arizona Rules of Criminal Procedure, Rule 29: Describes the steps and requirements for setting aside a conviction.

Arizona Rules of Criminal Procedure, Rule 36: Describes the steps and requirements for expunging a marijuana record and restoring civil rights.

The Superior Court and Justice Courts in Maricopa County have created forms that you can use. Please be sure to read the checklist for each packet to ensure the forms are right for your situation.

Expunge a Justice Court Marijuana Case: Use the forms found on the Justice Court site if you want to ask the Justice Court to expunge your Justice Court record of an arrest, charge, conviction, sentence, or acquittal of any of the following offenses:

  1. Possessing, consuming, or transporting two and one-half ounces or less of marijuana, of which not more than twelve and one-half grams was in the form of marijuana concentrate.
  2. Possessing, transporting, cultivating, or processing not more than six marijuana plants at your primary residence for personal use. 
  3. Possessing, using, or transporting paraphernalia related to the cultivation, manufacture, processing, or consumption of marijuana.*

Expunge a Juvenile Marijuana Arrest/Charge/Conviction: Use this form if you want to ask the court to expunge your juvenile record of marijuana arrest, charge, adjudication, or disposition if your case was resolved in the Juvenile Department of the Superior Court of Maricopa County, you were a minor when the action occurred, and you want to expunge one or more of the following:

  1. Possessing, consuming, or transporting two and one-half ounces or less of marijuana,* of which not more than twelve and one-half grams was in the form of marijuana concentrate.
  2. Possessing, transporting, cultivating, or processing not more than six marijuana plants at your primary residence for personal use.
  3. Possessing, using, or transporting paraphernalia related to the cultivation, manufacture, processing, or consumption of marijuana.*

Expunge a Marijuana Arrest: Use this form if you want to ask the court to expunge your record of marijuana arrest, charge, adjudication, conviction, or sentence if you were arrested in Maricopa County, but not charged in any court. Or a case was filed against you in the Superior Court of Maricopa County, but your case has been purged, and you want to expunge one or more of the following:

  1. Possessing, consuming, or transporting two and one-half ounces or less of marijuana,* of which not more than twelve and one-half grams was in the form of marijuana concentrate.
  2. Possessing, transporting, cultivating, or processing not more than six marijuana plants at your primary residence for personal use.
  3. Possessing, using, or transporting paraphernalia related to the cultivation, manufacture, processing, or consumption of marijuana.*

Expunge a Marijuana Charge/Conviction: Use this form if you want to ask the court to expunge your record of marijuana arrest and charge, adjudication, conviction, or sentence if your case was resolved in the Superior Court of Maricopa County, and you want to expunge one or more of the following:

  1. Possessing, consuming, or transporting two and one-half ounces or less of marijuana,* of which not more than twelve and one-half grams was in the form of marijuana concentrate.
  2. Possessing, transporting, cultivating, or processing not more than six marijuana plants at your primary residence for personal use.
  3. Possessing, using, or transporting paraphernalia related to the cultivation, manufacture, processing, or consumption of marijuana.*

*Proposition 207 Marijuana Conviction/Adjudication Expungement Request: Through the Maricopa County Attorney’s Office, individuals with a Maricopa County Superior Court case, adult or juvenile, may apply to have the Maricopa County Attorney’s Office process your expungement request rather than fill out the paperwork and file it with the Superior Court. Simply fill in the requested information (i.e. name, address, email, case number) and hit send and allow the Maricopa County Attorney’s Office to process the paperwork for you. If the County Attorney’s Office agrees that the expungement should go through, the office will file the necessary paperwork with the court. If they disagree, you will receive an email explaining why they could not process it.

Restoration of Civil and/or Gun Rights: Use this form if your case was handled in the Superior Court of Arizona in Maricopa County or a Federal District Court, and you have read the restoration of rights statutes (A.R.S. § 13-905 and those that follow), and you are eligible under the statutes. Or you are asking the Court to reconsider a denial of a previous application.

Sealing a Criminal Record: Use this form if:

  1. You were convicted of a criminal offense and have completed all the terms and conditions of the sentence that were imposed by the court, including:
    • Payment of all monetary obligations and restitution to all victims
    • completion of all other terms of the sentence
    • and receiving an absolute discharge from the Arizona Department of Corrections. OR
  2. If you were charged with a criminal offense and the charge was subsequently dismissed or resulted in a not guilty verdict at trial. OR
  3. If you were arrested for a criminal offense and no charges were filed.

Set Aside a Conviction: Use this form if your case was handled in the Superior Court of Arizona in Maricopa County, you have read the set aside conviction statutes (A.R.S. § 13-907 and those that follow), and you are eligible under the statutes. Or you are asking the Court to reconsider a denial of a previous application.

Set Aside a Conviction through Justice Court: Use the form on the Justice Court site under the “Criminal Traffic and Misdemeanors” menu if you have read statute A.R.S. § 13-905 and those that follow), and you are eligible for set aside under the statutes. 

These resources are available at the downtown Phoenix location, and online when indicated.

“FAQ: Criminal Charges or Complaints in Court”, AZcourthelp.org, Arizona Bar Foundation, 2023.

McLennen, Crane.  Arizona Legal Forms: Criminal Procedure (volume 7), Thompson Reuters. KFA2468 .A75 Also available on Westlaw.

“Proposition 207 Marijuana Legalization Initiative FAQ”, AZcourts.gov, Arizona Supreme Court, 2023.

“Sealing vs. Expunging”, Azcourts.gov, Arizona Supreme Court, 2023.

This information is provided by the Law Library Resource Center of the Superior Court of Arizona in Maricopa County.

Contact a Reference Librarian

Contact the Law Library Resource Center

Last update: 9/11/2024

Disclaimer: The information provided in these guides is for research purposes only. We do not provide legal advice. For legal advice, please speak to an attorney. These guides are reviewed and updated periodically. The most recent revision date is on the guide. There may be more current information available. These guides are intended as a starting point only and do not include all information or materials related to the topic.