Expungement / Record Sealing Petition and Eligibility Memo — Arizona

Expungement / Record Sealing Petition and Eligibility Memo (ARIZONA)

Quick-Reference Summary

Part A — Eligibility Memo

MEMORANDUM

TO: [CLIENT NAME]
FROM: [ATTORNEY NAME], [FIRM]
DATE: [__/__/____]
RE: Arizona Record-Relief Eligibility — [CLIENT NAME]

I. Question Presented

Whether [CLIENT]'s Arizona criminal record — [SUMMARIZE: e.g., one Class 6 felony theft conviction (2017), one Class 1 misdemeanor DUI (2013), and one Prop. 207-eligible marijuana possession (2018)] — qualifies for relief under (a) A.R.S. § 13-911 sealing, (b) A.R.S. § 13-905 set-aside, and/or (c) A.R.S. § 36-2862 marijuana expungement.

II. Short Answer

[☐ Eligible for § 13-911 sealing of [matters]]
[☐ Eligible for § 13-905 set-aside of [matters] (and Certificate of Second Chance)]
[☐ Eligible for § 36-2862 marijuana expungement of [matters]]
[☐ Mix of remedies — recommend layered approach (expunge first, then seal/set-aside)]
[☐ INELIGIBLE — [reason]]

III. Statutory Framework

A. § 13-911 Sealing.
Allows the court, on petition, to seal "all case records related to" an eligible arrest, charge, or conviction. Once sealed, the petitioner may state — for purposes of employment, housing, education, and most government applications — that the arrest, charge, or conviction did not occur, except as provided in § 13-911(V) (law enforcement, courts, certain licensing). Statutory waiting periods run from completion of sentence and are extended by subsequent convictions (§ 13-911(C)).

B. § 13-905 Set-Aside.
On a granted application, the court "shall set aside the judgment of guilt, dismiss the complaint, information or indictment and order that the person be released from all penalties and disabilities resulting from the conviction" — subject to enumerated exceptions for DOT-controlled licensing, Game and Fish, and any lifetime injunction under § 13-719. The conviction itself remains visible on the record; it can still be used as a prior conviction or element. § 13-905(E). Certificate of Second Chance protections under § 12-558.03 attach if the CSC is issued.

C. § 36-2862 Marijuana Expungement.
Petition may be filed immediately. Eligible offenses are limited to possession of ≤2.5 ounces of marijuana (≤12.5 grams of concentrate), cultivation of ≤6 plants for personal use, and possession of marijuana paraphernalia. Successful expungement destroys the records.

D. Civil Rights and Firearms.
First-felony civil rights (excluding firearms in many categories) restore automatically on completion of probation or unconditional discharge plus restitution payment. § 13-907. Repeat-felony or unpaid-restitution applicants must petition under § 13-908. Firearm rights restoration is separate (§ 13-910); a set-aside or sealing does not by itself restore firearm rights for serious or dangerous offenses.

IV. Application

A. Inventory.

B. Sealing Eligibility (§ 13-911) per Matter.

For each conviction, confirm:
☐ Offense is not excluded under § 13-911(O) (Class 1 felony, dangerous offense, sex offense, certain DUI, victim under 15, etc.)
☐ Statutory waiting period has elapsed:
☐ Class 2/3 felony — 10 years
☐ Class 4/5/6 felony — 5 years
☐ Class 1 misdemeanor — 3 years
☐ Class 2/3 misdemeanor — 2 years
☐ No subsequent conviction extending the waiting period under § 13-911(C)
☐ All restitution paid (§ 13-911(B)(3))
☐ Petitioner has no prior § 13-911 sealing for the same offense

C. Set-Aside Eligibility (§ 13-905) per Matter.

For each conviction, confirm:
☐ Offense is not a dangerous offense, sex offense, serious-injury offense, or offense against a victim under 15
☐ Sentence has been completed (no waiting period beyond completion)
☐ Court will weigh § 13-905(C) factors: nature/circumstances, compliance with probation, prior and subsequent convictions, victim input, restitution, time elapsed, age at conviction, other relevant factors
☐ Certificate of Second Chance under § 13-905(K)?
☐ Misdemeanor — issued automatically with set-aside
☐ Class 4/5/6 felony — at least 2 years since sentence completion
☐ Class 2/3 felony — at least 5 years since sentence completion
☐ Petitioner has not previously received a CSC for a felony (§ 13-905(L))

D. Marijuana Expungement Eligibility (§ 36-2862) per Matter.

For each marijuana matter:
☐ Possession/use/transport of ≤2.5 oz marijuana (≤12.5 g concentrate)
☐ Cultivation of ≤6 plants for personal use
☐ Possession of marijuana paraphernalia
☐ No waiting period — file immediately

E. Strategy — Sequencing.

Consider this preferred order:

1. § 36-2862 marijuana expungement first (where applicable) — removes record entirely
2. § 13-905 set-aside (immediate after sentence completion) — releases from penalties and (if eligible) provides CSC
3. § 13-911 sealing once waiting period elapses — provides public-record concealment

V. Recommendation

[☐ File § 36-2862 marijuana expungement petition immediately]
[☐ File § 13-905 set-aside application with CSC request]
[☐ File § 13-911 sealing petition for matters where waiting period has elapsed]
[☐ Defer sealing until [__/__/____]]
[☐ Pursue parallel restoration of civil rights under § 13-908 if needed]
[☐ Pursue separate firearm rights restoration under § 13-910 if applicable]
[☐ Ineligible — counsel on pardon application]

Part B — Petition Templates

B.1 — Application to Set Aside Judgment of Guilt (A.R.S. § 13-905)

APPLICATION TO SET ASIDE JUDGMENT OF GUILT AND, IF ELIGIBLE, ISSUE CERTIFICATE OF SECOND CHANCE (A.R.S. § 13-905)

Defendant [DEFENDANT FULL LEGAL NAME] applies for an Order setting aside the judgment of guilt under A.R.S. § 13-905 and, where statutorily authorized, issuing a Certificate of Second Chance under § 13-905(K).

1. Defendant: [NAME]; DOB [__/__/____]; current residence [ADDRESS].
2. Conviction: [CHARGE], [A.R.S. § ____], Class [____], entered [__/__/____].
3. Sentence: [DESCRIBE — probation, jail, fine, restitution].
4. Completion: Probation/sentence completed [__/__/____]; all restitution paid [__/__/____].
5. Subsequent record: [☐ None] [☐ List].
6. Eligibility: This offense is not a dangerous offense, sex offense, serious physical-injury offense, victim-under-15 offense, or excluded traffic offense.
7. § 13-905(C) Factors: [NARRATIVE — nature of offense, compliance with sentence, prior/subsequent convictions, victim input/restitution, time elapsed, age at offense, rehabilitative evidence, need for relief].
8. Certificate of Second Chance: [☐ Misdemeanor — automatic] [☐ Class 4/5/6 felony — at least 2 years since completion (date __/__/____)] [☐ Class 2/3 felony — at least 5 years since completion (date __/__/____)]. Defendant has not previously received a CSC for a felony (§ 13-905(L)).
9. Relief: Defendant requests that the Court (a) grant the application and set aside the judgment of guilt, dismiss the charging document, and release Defendant from all penalties and disabilities (subject to § 13-905(D) exceptions); (b) issue a Certificate of Second Chance under § 13-905(K) with the protections of § 12-558.03; and (c) direct the Clerk to notify DPS to annotate the criminal history record under § 13-905(F).

Submitted by [ATTORNEY NAME], Bar No. [_______], counsel for Defendant.

B.2 — Petition to Seal Criminal Case Records (A.R.S. § 13-911)

PETITION TO SEAL CASE RECORDS PURSUANT TO A.R.S. § 13-911

1. Petitioner: [NAME]; DOB [__/__/____]; SSN (last 4) xxx-xx-[____]; current residence [ADDRESS].
2. Case to be sealed:
   - Cause number: [____]
   - Charge: [____]
   - Statute: [A.R.S. § ____]
   - Class: [____]
   - Disposition: [Conviction / Dismissal / Acquittal / No charges filed]
   - Date of disposition: [__/__/____]
   - Sentence completion date: [__/__/____]
3. Statutory eligibility:
   - The offense is not excluded by § 13-911(O).
   - The applicable waiting period under § 13-911(B) has elapsed:
   ☐ 10 years (Class 2/3 felony) ☐ 5 years (Class 4/5/6 felony)
   ☐ 3 years (Class 1 misd.) ☐ 2 years (Class 2/3 misd.)

• No subsequent conviction extends the waiting period under § 13-911(C).
• All restitution has been paid (§ 13-911(B)(3)). [If outstanding: attach payment plan and authority under § 13-911(B)(3).]
• Petitioner has not previously had § 13-911 sealing for this offense.
  4. Petitioner's history: [SUMMARY — other matters, ages of any other convictions, gaps].
  5. Statement in support: [NARRATIVE — rehabilitation, employment, housing, education, family, treatment, community involvement, specific need for sealing].
  6. Relief requested: Petitioner requests that the Court enter an Order:
  (a) Sealing all case records (arrest, charge, conviction, sentence) related to this matter under § 13-911(M);
  (b) Directing DPS, the arresting agency, the prosecuting agency, and the Clerk to seal their respective records;
  (c) Recognizing Petitioner's right under § 13-911(N) to state that the arrest, charge, conviction, and sentence did not occur, subject to the exceptions in § 13-911(V);
  (d) Granting such other relief as the Court deems just.

Submitted by [ATTORNEY NAME], Bar No. [_______], counsel for Petitioner.

B.3 — Petition for Marijuana Expungement (A.R.S. § 36-2862)

PETITION FOR EXPUNGEMENT OF MARIJUANA-RELATED OFFENSE (A.R.S. § 36-2862)

1. Petitioner: [NAME]; DOB [__/__/____].

2. Eligible offense:
   ☐ Possession, use, or transport of ≤2.5 oz marijuana / ≤12.5 g concentrate
   ☐ Cultivation of ≤6 plants for personal use
   ☐ Possession of marijuana paraphernalia

3. Case data: [CAUSE NO., DISPOSITION DATE].

4. Relief: Petitioner requests that the Court enter an Order expunging the arrest, charge, conviction, and sentence; directing the Clerk to notify DPS and the arresting agency; and directing destruction of the records as authorized by § 36-2862(F).

Submitted by [ATTORNEY NAME], Bar No. [_______], counsel for Petitioner.

Part C — Filing Checklist

Pre-Filing

☐ Pull DPS Arizona criminal history (Record Review packet, https://www.azdps.gov/services/public/records)
☐ Pull FBI Identity History Summary if any out-of-state activity
☐ Obtain certified disposition order(s) from court(s) of conviction
☐ Classify each offense (felony class, misdemeanor class, dangerous/serious flag)
☐ Confirm offense is not on the § 13-911(O) sealing exclusion list (if filing sealing)
☐ Confirm offense is not categorically excluded from § 13-905 set-aside
☐ Calculate § 13-911 waiting period for each conviction; account for subsequent-conviction tolling under § 13-911(C)
☐ Confirm all restitution paid; obtain proof
☐ Identify victims entitled to notice under § 13-905(J) and § 13-911 (verify current notice obligations)
☐ Determine sequencing: marijuana expungement → set-aside → sealing
☐ Verify Certificate of Second Chance eligibility under § 13-905(K)/(L)

Filing

☐ Use county pattern form where available (e.g., Maricopa, Pima petition templates)
☐ Attach Petition / Application (Part B) as memorandum in support if county allows
☐ Pay filing fee (§ 13-911(F): no fee for non-conviction sealing; verify fee for conviction sealing and set-aside)
☐ File in the court of conviction
☐ Serve the prosecuting agency (state will respond within 30 days under § 13-905(H) / § 13-911(H))
☐ Provide notice to identified victim(s) under § 13-905(J) and § 13-911 requirements
☐ Calendar the 30-day objection window

Post-Filing

☐ Monitor for state or victim objection
☐ If unopposed, request entry without hearing where local practice permits
☐ If opposed, prepare for hearing addressing § 13-905(C) factors or § 13-911 statutory criteria
☐ Upon entry:
• Obtain certified copies of the Order
• Transmit to DPS (Criminal History Records Section) for record annotation under § 13-905(F) / sealing under § 13-911(M)
• Transmit to arresting agency and prosecuting agency
• Transmit to private background-check vendors with cover letter
☐ Counsel client:
• On the difference between set-aside (visible but vacated) and sealing (hidden)
• That DPS may still consider set-aside / sealed convictions for fingerprint clearance card decisions (§ 13-905(G); § 13-911(W))
• That firearm rights are NOT automatically restored — separate § 13-910 process required for serious/dangerous offenses
• On § 12-558.03 employer protections after Certificate of Second Chance
• That a set-aside conviction may still be used as a prior conviction in future prosecutions (§ 13-905(E))

Sources and References

• A.R.S. § 13-905 — Setting aside judgment: https://www.azleg.gov/ars/13/00905.htm
• A.R.S. § 13-911 — Sealing of records: https://www.azleg.gov/ars/13/00911.htm
• A.R.S. § 36-2862 — Marijuana expungement (Prop. 207): https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/36/02862.htm
• A.R.S. § 13-907 — Automatic restoration of civil rights: https://www.azleg.gov/ars/13/00907.htm
• A.R.S. § 13-908 — Judicial restoration of civil rights: https://www.azleg.gov/ars/13/00908.htm
• A.R.S. § 13-910 — Firearm rights restoration: https://www.azleg.gov/ars/13/00910.htm
• Arizona Judicial Branch — Completing the Petition to Seal Criminal Case Records: https://www.azcourts.gov/selfservicecenter/Criminal-Law/Sealing-records/Completing-the-Petition
• DPS Criminal History Record Review: https://www.azdps.gov/services/public/records
• Collateral Consequences Resource Center — Arizona Restoration of Rights & Record Relief: https://ccresourcecenter.org/state-restoration-profiles/arizona-restoration-of-rights-pardon-expungement-sealing/
• Apache Junction CLE — Expungements, Set-Asides, and Second Chances: https://www.apachejunctionaz.gov/DocumentCenter/View/27178