Record Sealing vs. Set Aside in Arizona: What’s the Difference?
Record Sealing vs. Set Aside in Arizona: What’s the Difference?
If you have a criminal record in Arizona, you’ve probably heard terms like “set aside” and “record sealing.” Both offer ways to improve your future, but they are not the same—and knowing the difference is crucial when it comes to restoring your rights, improving your chances at housing and employment, and moving forward with your life.
Arizona has two main post-conviction remedies:
· Set Aside (ARS §13-905)
· Record Sealing (ARS §13-911)
Each process serves a different purpose, but both are beneficial for moving toward a fresh start and brighter future.
What is a Set Aside?
Under ARS §13-905, Clear My Record™ can help a person who has completed all the terms of their sentence—including probation, incarceration, and payment of fines or restitution—may ask the Court to “set aside” the conviction. If granted, the Court will vacate the judgment of guilt and dismiss the charges. The conviction still exists, but it’s marked as set aside on your record.
This process shows that you successfully completed your sentence and can help with job applications, professional licenses, and other opportunities. In fact, ARS §13-905 actually provides legal protections for employers and landlords that contract with individuals who have had their convictions set aside! Finally, individuals who have had their records set aside may also qualify for a Certificate of Second Chance. This certificate serves as an official recognition that you have completed your sentence and have taken steps to move forward with your life.
With a set-aside, the record remains publicly visible and can still show up on background checks. That being said, eligibility for a set-aside is broader and can be accomplished sooner than record sealing. Even for cases that qualify for record sealing, a set aside is a crucial first step to cover for the limited situations where sealed records must still be disclosed.
What is Record Sealing?
Under ARS §13-911, Clear My Record™ can petition the Court to seal an individual’s criminal record—including records of arrests, charges, and convictions—from public view. If the Court grants the petition, your record is hidden from public background checks and most private searches. You can legally state, in most cases, that you’ve never been arrested, charged, or convicted.
Record sealing is a more powerful tool for people trying to avoid discrimination when applying for housing or jobs. ARS §13-911 protects employers from liability for hiring someone with a cleared record, since they often never learned of the employee’s sealed criminal history in the first place.
Key Differences Between Set Aside and Record Sealing:
- Visibility: Set asides remain visible; sealed records are hidden from the public.
- Legal Effect: A set aside vacates the conviction but does not erase it. A sealed record is removed from public access.
- Background Checks: Set aside convictions can still appear; sealed records generally cannot. Thankfully, the benefits of a set aside will still apply to sealed records when disclosure is required by law.
- Eligibility: Set asides are available to more convictions and can be completed sooner. Record sealing has stricter requirements, but offers additional benefits.
So Which One is Right for You?
The simple answer is BOTH! If you want a clean slate with the fewest possible barriers to housing, employment, and other opportunities, set asides and record sealing both offer unique benefits. If you’re not eligible for record sealing or want to restore your civil rights sooner, a set aside is an especially valuable first step.
How Clear My Record Can Help | Record Sealing vs. Set Aside in Arizona
Understanding the difference between these two options is the first step. The next step is understanding your eligibility and how to present the strongest case to the Court.
At Clear My Record™, we help people across Arizona petition for set asides and record sealing. We’ll guide you through the legal process, gather the right documentation, and fight for your second chance.
Contact us today for a free eligibility review. We’ll explain your options clearly and help you take the next step toward a better future.