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By Your Phoenix Attorney2026-05-23

Set-Aside vs. Expungement in Arizona: What's the Difference?

set aside — illustration for Set-Aside vs. Expungement in Arizona: What's the Difference?

A set asideunder ARS §13-905 is the oldest Arizona post-conviction relief tool. Record sealing under §13-911 (effective 2023) is the newest. They are not the same thing — and combining them is often the best move.

ARS §13-905 — set-aside

Dismisses the charge, sets aside the conviction, and releases the petitioner from penalties. The record remains visible but annotated.

ARS §13-911 — record sealing

Seals all records of arrest, charge, and conviction from public view. You may state under oath that the conviction does not exist (with limited exceptions).

Prop 207 — true marijuana expungement

The only currently available true expungement in Arizona, limited to qualifying marijuana convictions.

Which should I file?

For most non-marijuana convictions, combining §13-905 set-aside with §13-911 sealing is the most powerful clean-up available. We file both together when eligible.

Find out what you qualify for

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