Consumer Guide

Set-Aside vs Sealing in Arizona: Which Do I Need?

Two different statutes. Two different effects. Most petitioners qualify for both — and many should file both. Here's how to choose.

The fundamental difference

Set-aside under A.R.S. § 13-905 vacates the judgment of guilt. The conviction is technically dismissed.

Sealing under A.R.S. § 13-911 hides the record from public view. The conviction (or set-aside conviction) becomes invisible to most background checks.

Side-by-side comparison

When set-aside alone is enough

Set-aside alone may be sufficient if:

• You want to restore civil rights and you weren't auto-restored under § 13-907
• You're applying for a professional license that treats set-aside convictions favorably (some do — nursing, real estate, etc. have specific rules)
• You want to acknowledge the record exists but show it's been adjudicated
• You're not yet eligible for sealing (waiting period not elapsed)

When sealing alone is enough

Sealing alone may be sufficient if:

• The conviction won't qualify for set-aside under § 13-905(P) but qualifies for sealing under § 13-911
• Your goal is a clean background check and you don't care about the underlying judgment
• You're focused on employment in a non-licensed field

Note: Sealing alone leaves the conviction in place legally. If you're ever charged with a future offense, prosecutors can still use the sealed conviction as a prior.

When you should file both (most common)

For most petitioners with eligible offenses, the optimal strategy is to file both. The combination produces the cleanest possible status:

1. Set-aside first (§ 13-905) — vacates the judgment, restores civil rights
2. Sealing second (§ 13-911) — hides the now-vacated judgment from public view

Result: a record that doesn't appear on most background checks, and even if it did, would show as set aside. Both filings are $0 in court fees.

Which to file first

Set-aside has no waiting period — file it first as soon as probation is discharged. Sealing has a 2-10 year wait, so file it when eligible.

If you have to wait years for sealing eligibility, set-aside still gives you immediate benefit during the interim.

Which won't qualify for one or the other

The exclusion lists are different:

• Set-aside (§ 13-905(P)) excludes: dangerous offenses, sex offenses requiring registration, victims under 15, certain DUIs
• Sealing (§ 13-911(O)) excludes: a similar but distinct list — some offenses excluded from set-aside qualify for sealing, and vice versa

Always check both statutes. Some petitioners qualify for one but not the other.

Bottom line

Most Arizonans seeking record relief should plan to file both — set-aside first, then sealing when eligible. Two filings, $0 in court fees, dramatically cleaner record. See our set-aside guide and sealing guide for the full statutory walkthrough.