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)]
[☐ A separate § 36-2862 analysis and official form may be required]
[☐ INELIGIBLE — [reason]]

III. Statutory Framework

A. § 13-911 Sealing.
Allows the court, on petition, to seal case records related to an eligible conviction, dismissed or acquitted charge, or arrest for which no charge was filed. The statute permits a person whose records are sealed to deny the arrest, charge, or conviction in many situations, subject to the exceptions in § 13-911(I)(5), and preserves specified uses and access under § 13-911(B), (J), and (P). Conviction waiting periods run from completion of nonmonetary conditions and discharge under § 13-911(E). A subsequent felony committed after prior sealing adds five years under § 13-911(F).

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.
This is a separate conduct-specific remedy with its own eligibility test, burden, procedure, and effect. A successful order vacates an eligible judgment, expunges the covered records, and requires the clerk and agencies to seal the records as provided in § 36-2862(C). Do not combine it with a § 13-911 sealing petition.

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)
☐ 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
☐ If Petitioner committed a subsequent felony after prior § 13-911 sealing, the additional five-year period in § 13-911(F) has elapsed
☐ All terms and conditions of sentence are complete, and all fines, fees, and restitution are paid (§ 13-911(A)(1), (G))
☐ No § 13-911 denial occurred within the previous three years (§ 13-911(L))

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. Separate § 36-2862 Analysis.

Do not combine a § 36-2862 request with the § 13-911 sealing analysis or form.
Use the current official expungement instructions and form for that separate route.

E. Strategy — Sequencing.

Analyze each remedy separately. Do not assume that one remedy must precede another;
the correct filing sequence depends on the case, the relief sought, and the current
official forms and law.

V. Recommendation

[☐ Conduct a separate § 36-2862 analysis using the current official form]
[☐ 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 — § 13-911 Sealing Preparation Sheet

Do not file this section as a petition. Use current statewide form
AOCCRSL1F-050825, or a later form published by the Arizona Judicial Branch
or filing court. File a separate petition for each case.

1. Petitioner: [NAME]; DOB [__/__/____]; address [________________];
   email [________________]; name used at arrest, charge, or conviction, if
   different [________________].

2. Case: Court [________________]; case number [________________]; offense and
   count [________________]; disposition and date [________________].

3. Filing court: Select the applicable conviction, filed-charge,
   initial-appearance, or arrest-without-appearance route in § 13-911(C).

4. Conviction timing: Record the dates nonmonetary conditions were completed
   and the court discharged Petitioner. Apply the 10/5/3/2-year periods in
   § 13-911(E), and the additional five years in § 13-911(F) only when a subsequent
   felony followed prior sealing.

5. Financial eligibility: Confirm all court-ordered fines, fees, and
   restitution are paid at filing under § 13-911(G).

6. Other screening: Check the exclusions in § 13-911(O), any denial within
   the previous three years under § 13-911(L), prior sealing, later convictions,
   and pending charges.

7. Court information: State concrete facts supporting a finding that sealing
   is in Petitioner's best interests and consistent with public safety.

8. Process: The clerk provides the petition to the prosecutor. The court
   ordinarily waits 60 calendar days after receipt under § 13-911(D), unless the
   statutory no-objection condition applies.

B.3 — Separate § 36-2862 Route

Do not draft or combine a § 36-2862 petition in this document. That statute uses
a separate court process, eligibility test, burden, and order. Use the current
official expungement form and instructions for that route.

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 the § 13-911(E) waiting period from completion of nonmonetary conditions and discharge; apply § 13-911(F) only if a subsequent felony followed prior sealing
☐ Confirm all restitution paid; obtain proof
☐ Identify victims entitled to notice under § 13-905(J) and § 13-911 (verify current notice obligations)
☐ Determine whether a separate § 36-2862 analysis is required; do not combine forms
☐ Verify Certificate of Second Chance eligibility under § 13-905(K)/(L)

Filing

☐ Use current statewide form AOCCRSL1F or a later form adopted by the filing court
☐ Attach Petition / Application (Part B) as memorandum in support if county allows
☐ File in the court selected under the disposition-specific routes in § 13-911(C)
☐ Do not separately serve the § 13-911 petition unless directed; the clerk provides it to the prosecutor under § 13-911(D)
☐ Calendar the 60-calendar-day statutory decision wait under § 13-911(D) and any response date set by Rule 36.1 or court order

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
• Confirm that the clerk sent the sealing order to DPS and the prosecutor under § 13-911(I)(1)
• Follow up on the agency duties assigned by § 13-911(I)(3)-(4)
☐ Counsel client:
• On the difference between set-aside (visible but vacated) and sealing (hidden)
• That DPS or the Board of Fingerprinting may still consider a sealed conviction for fingerprint-clearance purposes under § 13-911(P)(3)
• 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