How to Expunge a Misdemeanor in Arizona: Set-Aside and Firearm Rights

Arizona does not offer traditional expungement for most misdemeanor convictions. To clear a misdemeanor in Arizona, you ask the court to “set aside” the conviction under A.R.S. § 13-905, which dismisses the underlying charge, releases you from the penalties tied to it, and — for misdemeanors — comes with a Certificate of Second Chance that protects you in hiring, housing, and licensing.¹ There is no filing fee, and most people handle it without a lawyer. One narrow exception offers true expungement: certain marijuana offenses under A.R.S. § 36-2862.

What a Set-Aside Does to Your Record

When the court grants a set-aside, it dismisses the original charge and orders you released from the penalties and disabilities that came from the conviction.¹ The Department of Public Safety then adds a notation to your criminal history showing the conviction was set aside. What it cannot do is delete anything. The record stays visible; it just carries an official annotation that a court reviewed your case and dismissed it after you completed everything the sentence required.

That is the meaningful difference between Arizona and states that truly wipe records clean. A background check on you may still surface the original conviction. What changes is the context: instead of a bare guilty judgment, employers and landlords see a judgment that a court set aside.

Who Qualifies

The core requirement is that you have finished your entire sentence. Probation, jail time, community service, fines, fees, and restitution all have to be done, and the court must have discharged you.¹ If any restitution or probation condition is still open, you cannot apply yet.

The statute excludes four categories of convictions:

Dangerous offenses involving the use or threat of a deadly weapon or dangerous instrument causing serious physical injury.
Any offense requiring sex offender registration under A.R.S. § 13-3821.
Convictions with a finding of sexual motivation.
Felony offenses where the victim was under 15 years old.

Most misdemeanors fall outside these exclusions. There is no statutory waiting period for misdemeanors, so you can apply as soon as the court discharges you, though more time and a clean record since the conviction strengthen your application.

DUI and other traffic-related misdemeanors are eligible, with one important limit. Even after a set-aside, the Arizona Department of Transportation keeps its own penalties in place. License suspensions and revocations imposed by ADOT continue as if the conviction still stood.¹ The set-aside can help you with employment while your driving privileges follow a separate track.

How to File the Application

You file with the court that convicted you. Justice court and municipal court convictions go back to that specific court; superior court convictions go through the superior court clerk. There is no filing fee.¹

Before filling out anything, pull together:

The exact case number and the name of the court that handled the conviction.
The date of conviction, the specific charge, and the sentence imposed.
Proof of sentence completion, such as the discharge-from-probation order or, for Department of Corrections time, a certificate of absolute discharge.
Payment records showing all fines, fees, and restitution are paid in full.

Forms are usually titled “Application to Set Aside Judgment of Guilt” and are available through the Arizona Supreme Court website and individual clerk offices. Maricopa County Superior Court accepts applications in person, by mail, or through its e-filing system.² Check your court for its available filing methods.

The form asks you to confirm you completed all sentence conditions and to disclose any open criminal cases. Most versions also ask whether you want firearm rights restored. Before you sign anything, call the clerk and confirm your balance is zero. Courts sometimes carry surcharges added after sentencing that applicants do not know about, and a discrepancy between your paperwork and the court file creates avoidable delay.

What the Court Weighs

Setting aside a conviction is not automatic. The court considers seven factors:¹

The nature and circumstances of the offense.
Your compliance with the conditions of the sentence.
Any prior or subsequent convictions.
Victim input and the status of restitution.
The time that has passed since your sentence was completed.
Your age at the time of the conviction.
Any other relevant factor.

That last catch-all is where your own story matters. Steady employment, completed education, substance abuse treatment, family responsibilities, community involvement — anything concrete that shows the conviction was a turning point rather than a pattern. If the form leaves room, use it. If it does not, some courts accept a separate written statement.

After You File

The prosecution and any victim have 30 days to object.¹ Victims who requested post-conviction notification will be told about your application and have the right to be heard at any proceeding.

If nobody objects, many courts decide on the paperwork alone. If the prosecution or a victim objects, expect a hearing where you may need to speak to the seven factors directly. That is when supporting documentation of rehabilitation earns its place.

If the court denies the application, it must give written reasons.¹ The statute does not cap how many times you can reapply. Read the reasons, fix what you can, let more time pass if the court signaled that would help, and file again.

Processing times vary. Some courts resolve uncontested applications in weeks; contested ones or busy dockets can stretch to months. If you have a job offer contingent on the outcome, file early and flag the timeline with the clerk.

The Certificate of Second Chance

Every misdemeanor set-aside in Arizona now comes with a Certificate of Second Chance. The court is required to include it in the set-aside order for misdemeanor convictions.¹ If it was left out, you can apply for it separately afterward.

The certificate adds three protections on top of the basic set-aside:

It removes barriers to obtaining an occupational license issued under Title 32 of the Arizona Revised Statutes that resulted from the conviction, as long as you are otherwise qualified. That covers a wide range of licensed professions, including healthcare, real estate, cosmetology, and contracting.
It gives employers who hire you liability protections under A.R.S. § 12-558.03, making them more willing to look past the record.
It gives landlords and housing providers similar liability protections.

The certificate is not a character reference. It is a legal incentive for employers and landlords to say yes rather than reject you out of caution.

Firearm Rights

For most misdemeanors, a set-aside restores your right to possess a firearm under Arizona law. The statute restores those rights unless the conviction was for a “serious offense” under A.R.S. § 13-706, a list of felonies including murder, manslaughter, sexual assault, armed robbery, kidnapping, and arson of an occupied structure.¹ None of those are misdemeanors.

Federal law is the caveat. Anyone convicted of a misdemeanor crime of domestic violence is prohibited from possessing a firearm under federal law, and a state set-aside does not override that.³ If your misdemeanor involved domestic violence, talk to an attorney before assuming your rights are fully restored.

What a Set-Aside Will Not Fix

Knowing the limits matters as much as knowing the benefits.

The conviction can still be used against you in future criminal cases. If you are charged with a new offense, the prosecution can use the original conviction for sentencing as if the set-aside never happened.¹

ADOT penalties survive. License suspensions or revocations tied to DUI or other traffic-related convictions stay in effect regardless of the set-aside.¹

Background checks will still show the conviction. Under the Fair Credit Reporting Act, consumer reporting agencies must use reasonable procedures to ensure accuracy and must include disposition information when reporting criminal records.⁴ A properly run check should show both the conviction and the set-aside notation. Not every background check company keeps records current, and if you find a report that omits the set-aside, you can dispute it.

Immigration is the biggest trap. Federal immigration law uses its own definition of “conviction” that operates independently of state remedies. USCIS distinguishes between judgments vacated because of a legal defect in the original proceeding and judgments dismissed for rehabilitative reasons; only the first avoids being treated as a conviction for immigration purposes.⁵ A set-aside is the second kind. If you are not a U.S. citizen, talk to an immigration attorney before applying, because the strategy that minimizes immigration exposure may differ from the standard set-aside path.

Marijuana Convictions: The One True Expungement

Arizona does offer real expungement for one narrow category. Under A.R.S. § 36-2862, you can petition to expunge — actually erase, not annotate — marijuana arrests, charges, and convictions that predate Proposition 207 and fall within specific limits.⁶ Eligible conduct includes:

Possessing, consuming, or transporting two and a half ounces or less of marijuana, with no more than 12.5 grams of concentrate.
Cultivating or processing up to six marijuana plants at your primary residence for personal use.
Possessing or using marijuana paraphernalia.

The mechanics resemble a set-aside: file a petition, the prosecution has 30 days to respond, and the court must grant it unless the prosecutor proves by clear and convincing evidence that you are not eligible.⁶ The burden sits on the state, not on you. If your misdemeanor falls into this category, use the expungement path rather than a set-aside. It is the more complete remedy.

1
Arizona Legislature. Arizona Code 13-905 – Setting Aside Judgment of Convicted Person on Discharge
2
Superior Court of Arizona in Maricopa County. How to Complete the Forms and Steps to Set Aside a Conviction of Guilt
3
U.S. Office of Personnel Management. I Have Been Arrested and Have a Criminal Record – Will That Automatically Keep Me From Getting a Federal Job?
4
Consumer Financial Protection Bureau. Fair Credit Reporting; Background Screening
5
U.S. Citizenship and Immigration Services. Adjudicative Factors
6
Arizona Legislature. Arizona Code 36-2862 – Expungement; Petition; Appeal; Dismissal of Complaints