Practice areas · 11 / 12

Expungement, Sealing, & Set Asides

A criminal record follows a person long after the sentence ends. It turns up on background checks for jobs, housing, professional licenses, and firearm rights. Arizona offers three distinct ways to deal with it, and they are not the same.

A set aside releases a person from the penalties and disabilities of a conviction once the sentence is complete. The conviction stays on the record, marked as set aside and dismissed, and in many cases it comes with a Certificate of Second Chance that restores eligibility for occupational licenses. Sealing goes further. Arizona now allows a person to petition to seal the records of an arrest, a charge, or a conviction after a waiting period that depends on the offense; once sealed, the records are hidden from the public and most background checks, and the person may lawfully say they were never arrested, charged, or convicted. Expungement is the strongest remedy, and in Arizona it is reserved for certain marijuana offenses. An expunged conviction is vacated and the person is treated as though the arrest and conviction never happened.

Not every conviction qualifies, and each remedy carries its own eligibility rules and exclusions. Ms. Jakobe reviews the record, determines which relief is available, and files the petition that leaves her client with the cleanest record the law allows.