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Sealing, set aside, the certificate of second chance, marijuana expungement and juvenile records: who can apply, how long the wait is, what each one does, the court forms and free legal help by county.
Pick the kind of case to see the options that match it, the waiting period, what each one does, the official forms and free help in your county.
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Pick the kind of case to see the options.
Who can petition, how long to wait, what cannot be sealed, what sealing does and how to file.
Waiting periods by offense class
A person convicted of an offense may petition to seal the case records after completing every term of the sentence, including paying all money owed and restitution.
A person may file a petition to seal all case records related to a criminal offense if the person was: 1. Convicted of a criminal offense and has completed all of the terms and conditions of the sentence that was imposed by the court, including the payment of all monetary obligations and restitution to all victims.
A person whose charge was dismissed or who was found not guilty at trial may petition to seal the case records.
2. Charged with a criminal offense and the charge was subsequently dismissed or resulted in a not guilty verdict at a trial.
A person who was arrested but had no charges filed may petition to seal the case records.
3. Arrested for a criminal offense and no charges were filed.
All court-ordered fines, fees and restitution must be paid at the time you file a sealing petition.
A petitioner is required to have paid all fines, fees and restitution ordered by the court at the time of filing the petition to be eligible to seal case records pursuant to this section.
A convicted person may petition once the non-money terms of the sentence are done and the listed waiting period has passed since finishing them.
may petition the court to seal the person's records of arrest, conviction and sentence after the person completes all of the nonmonetary terms and conditions of the person's sentence ordered by the court, and the following period of time has passed since the person completed the nonmonetary conditions of probation or sentence
For a class 2 or 3 felony, the wait is ten years.
1. Ten years for a class 2 or 3 felony.
For a class 4, 5 or 6 felony, the wait is five years.
2. Five years for a class 4, 5 or 6 felony.
For a class 1 misdemeanor, the wait is three years.
3. Three years for a class 1 misdemeanor.
For a class 2 or 3 misdemeanor, the wait is two years.
4. Two years for a class 2 or 3 misdemeanor.
For an offense vacated under section 13-909, there is no waiting period to petition.
5. Immediately for an offense vacated pursuant to section 13-909.
For a petty offense, there is no waiting period to petition.
6. Immediately for a petty offense.
For a later felony after an earlier sealing, the wait is that felony's normal period plus an additional five years.
A person whose case records have been sealed pursuant to subsection E of this section and who commits a subsequent felony offense may petition the court pursuant to subsection E of this section to seal the person's records of arrest, conviction and sentence relating to the subsequent felony offense after the applicable period of time prescribed in subsection E of this section for the subsequent felony offense has expired and an additional five years have passed.
The waiting period counts from finishing non-money conditions such as probation or jail, not from paying money owed.
There is no waiting period after completing the monetary obligations of your sentence, the waiting period only applies to non-monetary conditions such as probation, jail or any other condition of the sentence.
If a sealing petition is denied, you must wait three years from the denial to file again.
If the court denies a petition to seal case records, a person may not file a new petition until three years after the date of the denial.
Dangerous offenses, dangerous crimes against children, and serious, violent or aggravated felonies cannot be sealed.
The following offenses are not eligible to be sealed pursuant to this section: 1. A dangerous offense as defined in section 13-105. 2. A dangerous crime against children as defined in section 13-705. 3. A serious offense or violent or aggravated felony as defined in section 13-706.
Offenses involving a deadly weapon or dangerous instrument, or knowingly causing serious physical injury, cannot be sealed.
4. Any offense that has either of the following as an element of the offense: (a) The discharge, use or threatening exhibition of a deadly weapon or dangerous instrument. (b) The knowing infliction of serious physical injury on another person.
Sex trafficking and class 2, 3, 4 or 5 felonies in chapter 14 or 35.1 of title 13 cannot be sealed under this section.
5. Sex trafficking pursuant to section 13-1307. 6. A class 2, 3, 4 or 5 felony offense that is included in chapter 14 or 35.1 of this title.
After sealing, a person may state that they were never arrested for, charged with or convicted of the crime, including on job, housing, financial aid and loan applications, unless one of the exceptions listed in the statute applies.
A person whose records are sealed pursuant to this section may state, in all instances, that the person has never been arrested for, charged with or convicted of the crime that is the subject of the arrest or conviction, including in response to questions on employment, housing, financial aid or loan applications unless any of the following applies:
You may not deny the record on an application that requires a fingerprint clearance card.
(a) The person is submitting an application that requires a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.
If the sealed record involved child abuse or aggravated assault, you may not deny it when applying for a job supervising, educating or caring for a minor.
(d) The sealed case records involved child abuse under section 13-3623 or aggravated assault under section 13-1204 and the person is applying for a job involving supervising, educating or administering care to a minor.
You may not deny the record when applying to work for law enforcement, prosecutors, courts, probation, child welfare or corrections agencies.
(h) The person is applying for a position with a law enforcement agency, a prosecutor's office, a court, a probation department, a child welfare agency as defined in section 8-501, the department of child safety, the department of juvenile corrections or the state department of corrections.
You may not deny the record where state or federal law requires disclosure.
(j) The disclosure is required by a state or federal law.
An employer is not liable for hiring or contracting with a person whose records were sealed, as section 12-558.03 provides.
6. The person's employer is not liable for hiring or contracting with the person as prescribed in section 12-558.03.
Sealed records (other than vacated ones) may still be alleged as an element of an offense, used as a historical prior felony conviction, used to impeach a party or witness in a later trial, or used to increase the sentence for a later felony.
All case records, except those vacated pursuant to section 13-909, that are sealed pursuant to this section may be: 1. Alleged as an element of an offense. 2. Used as a historical prior felony conviction. 3. Admissible for impeaching any party or witness in a subsequent trial. 4. Used to enhance the sentence for a subsequent felony.
Sealing does not stop DPS or the board of fingerprinting from considering the conviction for a fingerprint clearance card.
The department of public safety or the board of fingerprinting from considering a conviction that is sealed pursuant to this section when evaluating an application for a fingerprint clearance card pursuant to section 41-1758.03 or 41-1758.07
Records already published or shared before sealing may still be found.
Any case record that was published or distributed prior to sealing may still be accessible and may not be impacted by the granting of an order to seal case records.
This section does not require the Arizona Supreme Court or the Court of Appeals to seal any record.
This section does not require the supreme court or the court of appeals to seal any record.
File in the court that convicted you, or for dismissed, acquitted or vacated cases, in the court where the charges were filed.
1. The court in which the person was convicted of an offense. 2. The court in which an indictment, information, criminal citation or complaint against the person was filed and the charges were dismissed, the person was found not guilty or the person's conviction was vacated
If no charges were filed, file where you had your initial appearance, or if there was none, in the superior court of the county of arrest.
3. The court in which the person had an initial appearance if charges were not filed. 4. The superior court in the county where a person was arrested if the person did not have an initial appearance and no charges were filed.
The court may not rule until sixty calendar days after it receives the petition, unless the prosecutor and all victims who asked for postconviction notice do not object.
The court may not grant or deny a petition to seal a person's case records until sixty calendar days after the court receives the petition unless the court receives notice that both the prosecutor and all victims who have made a request for postconviction notice do not object to the petition.
The court grants the petition if it finds that doing so serves the petitioner and public safety.
The court shall grant the petition if the court determines that granting the petition is in the best interests of the petitioner and the public's safety.
Each separate arrest or case needs its own petition unless the court consolidated the cases.
If separate incidents resulted in multiple arrests with no charges being filed or resulted in multiple arrests with multiple filings, you will need to file a separate petition for each arrest or filing unless the cases were consolidated by the court into a single case.
A set aside releases penalties of a conviction, but the conviction stays a public record with a note on it.
After finishing probation or sentence and being discharged, a convicted person may apply to have the judgment of guilt set aside.
Except as provided in subsection P of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the court to have the judgment of guilt set aside.
You, your attorney or your probation officer may apply.
The person or the person's attorney or probation officer may apply to set aside the judgment.
A granted set aside dismisses the charge and releases the person from penalties and disabilities of the conviction, with listed exceptions.
If the application is granted, the court shall set aside the judgment of guilt, dismiss the complaint, information or indictment and order that the person be released from all penalties and disabilities resulting from the conviction except those imposed by:
A set aside is noted on the criminal history, but the record is not removed.
The department of public safety must update the person's criminal history with an annotation that the conviction has been set aside and, if applicable, a certificate of second chance has been issued but may not redact or remove any part of the person's record.
Set aside is not available for a dangerous offense or an offense requiring registration under section 13-3821.
This section does not apply to a person who was convicted of any of the following: 1. A dangerous offense. 2. An offense for which the person is required or ordered by the court to register pursuant to section 13-3821.
Set aside is also not available for an offense with a sexual-motivation finding or a felony against a victim under fifteen.
3. An offense for which there has been a finding of sexual motivation pursuant to section 13-118. 4. A felony offense in which the victim is a minor under fifteen years of age.
A set aside restores the right to possess a firearm, except after a conviction for a serious offense.
Notwithstanding section 13-910, if a conviction is set aside, the person's right to possess a firearm is restored. This subsection does not apply to a person who was convicted of a serious offense as defined in section 13-706.
For justice, city or magistrate court convictions, contact that court for the set-aside application.
If your conviction was from a justice, city or magistrate court, please contact that court for an application and information about your case.
A set aside does not remove the conviction, which stays a public record.
An order setting aside a judgment of conviction pursuant to A.R.S. § 13-905 does not remove the conviction, and the conviction remains a public record.
A granted set aside must include a certificate of second chance for a misdemeanor, or for a class 4, 5 or 6 felony once two years have passed since finishing probation or sentence.
If the court grants the application to set aside the judgment of guilt, the court's order must include a certificate of second chance if the person was convicted of any of the following: 1. A misdemeanor. 2. A class 4, 5 or 6 felony and at least two years have elapsed since the person fulfilled the conditions of probation or sentence.
For a class 2 or 3 felony, the certificate applies once five years have passed since finishing probation or sentence.
3. A class 2 or 3 felony and at least five years have elapsed since the person fulfilled the conditions of probation or sentence.
A person who already received a certificate of second chance on a felony set aside cannot receive another.
a person is not eligible for a certificate of second chance if the person has previously received a certificate of second chance on the set aside of a felony conviction.
The certificate removes conviction-based barriers to a title 32 occupational license for an otherwise qualified person and gives employers the section 12-558.03 protections.
1. Unless specifically excluded by this section, releases the person from all barriers and disabilities in obtaining an occupational license issued under title 32 that resulted from the conviction if the person is otherwise qualified. 2. Provides an employer of the person with all of the protections that are provided pursuant to section 12-558.03.
The certificate gives housing providers the same evidence protections as employers, and it is not a recommendation of the person.
3. Provides another person or an entity that provides housing to the person with all of the protections limiting the introduction of evidence that are provided to an employer pursuant to section 12-558.03, subsection B. 4. Is not a recommendation or sponsorship for or a promotion of the person
If the set-aside order had no certificate, the person may apply for one later after meeting the time requirements.
If the court does not issue an order that includes a certificate of second chance when the person's conviction is set aside, the person, unless otherwise precluded by this section, may apply to the court for a certificate of second chance after meeting the requirements prescribed in subsection K of this section.
Section 13-906 covers restoration of civil rights, not the certificate of second chance.
13-906. Restoration of civil rights; process
Prop 207 lets people ask the court to expunge certain past marijuana cases, adult or juvenile.
Since July 12, 2021, a person arrested, charged, adjudicated, convicted or sentenced for a listed offense based on conduct before the section took effect may petition the court.
Beginning July 12, 2021, an individual who was arrested for, charged with, adjudicated or convicted by trial or plea of, or sentenced for, any of the following offenses based on or arising out of conduct occurring before the effective date of this section may petition the court
Eligible offenses include possessing, consuming or transporting 2.5 ounces or less of marijuana (no more than 12.5 grams of it as concentrate), and possessing, transporting, cultivating or processing up to six marijuana plants at the person's primary residence for personal use.
1. Possessing, consuming or transporting two and one-half ounces or less of marijuana, of which not more than twelve and one-half grams was in the form of marijuana concentrate. 2. Possessing, transporting, cultivating or processing not more than six marijuana plants at the individual's primary residence for personal use.
Marijuana paraphernalia offenses are also eligible.
3. Possessing, using or transporting paraphernalia relating to the cultivation, manufacture, processing or consumption of marijuana.
The court site says eligible conduct had to occur before November 30, 2020.
Eligible petitioners are those who were arrested, charged, convicted or acquitted of any of the following offenses based on conduct occurring before November 30, 2020
The court notifies the prosecutor, who has 30 days to respond to the petition.
The court shall notify the prosecuting agency of the filing of the petition, and allow the prosecuting agency to respond to the petition within thirty days.
The court must grant the petition unless the prosecutor proves by clear and convincing evidence that the person is not eligible.
The court shall grant the petition unless the prosecuting agency establishes by clear and convincing evidence that the petitioner is not eligible for expungement.
A granted order states that the person's civil rights, including the right to possess firearms, are restored, unless the person is not eligible for restoration of civil rights on grounds other than the marijuana offense.
state that the petitioner's civil rights, including the right to possess firearms, are restored, unless the petitioner is otherwise not eligible for the restoration of civil rights on grounds other than a conviction for an offense set forth in subsection A of this section.
The clerk seals the records, and only the person or their attorney can access them.
Require the clerk of the court to seal all records relating to the expunged arrest, charge, adjudication, conviction or sentence and allow the records to be accessed only by the individual whose record was expunged or the individual's attorney.
After expungement, the person may say they were never arrested, charged, adjudicated, convicted or sentenced for that crime.
An individual whose record of arrest, charge, adjudication, conviction or sentence is expunged pursuant to this section may state that the individual has never been arrested for, charged with, adjudicated or convicted of, or sentenced for the crime that is the subject of the expungement.
An expunged record cannot be used in a later prosecution for any purpose.
An arrest, charge, adjudication, conviction or sentence that is expunged pursuant to this section may not be used in a subsequent prosecution by a prosecuting agency or court for any purpose.
A denied petition can be appealed directly.
If the court denies a petition for expungement, the petitioner may file a direct appeal pursuant to section 13-4033, subsection A, paragraph 3.
A prosecuting agency, or the attorney general, may file the petition on a person's behalf.
A prosecuting agency may file a petition for expungement pursuant to this section on behalf of any individual who was prosecuted by that prosecuting agency, and the attorney general may file a petition for expungement pursuant to this section on behalf of any individual.
Marijuana expungement applies to juvenile offenses as well as adult ones.
I was a minor when I got a marijuana-related charge. Can I still file to have the records expunged? Yes. Expungement applies to adult and juvenile offenses.
File the petition in the court where the case was resolved.
Otherwise, you must file your petition in the court where the case was resolved by either dismissal or conviction.
For an arrest that never became a court case, file in the superior court of the county where the arrest happened.
If you are seeking expungement of ONLY law enforcement records relating to an arrest that did not result in a criminal complaint being filed in court, then you must file your petition in the superior court located in the county where you were arrested.
Each case number needs its own petition.
If you had more than one eligible offense under more than one case number, you must file a separate petition for each case number.
Fines and fees already paid on an expunged charge are not refunded.
After a charge is expunged, am I entitled to a refund of fines and fees already paid under the expunged charges? No
Only outstanding balances are cancelled after expungement.
If my conviction is expunged, are all court-ordered monetary obligations or cancelled? No, only outstanding balances are cancelled.
Expunged does not necessarily mean the court records are gone.
Does "expunged" mean the court records are gone? Not necessarily.
Juvenile court records have their own rules, separate from adult sealing.
A person 18 or older who was adjudicated delinquent or incorrigible may apply to destroy juvenile court and juvenile corrections records, unless the adjudication was for an offense listed in 13-501(A) or (B) or title 28, chapter 4.
A person who is at least eighteen years of age and who has been adjudicated delinquent or incorrigible may apply for destruction of the person's juvenile court and department of juvenile corrections records if the records involve an adjudication for an offense other than an offense listed in section 13-501, subsection A or B or title 28, chapter 4.
The applicant must attest to no felony conviction, no adjudication for a listed excluded offense, and no pending criminal charge.
2. The person has not been convicted of a felony offense or adjudicated delinquent for an offense that would be an offense listed in section 13-501, subsection A or B or title 28, chapter 4. 3. A criminal charge is not pending.
The applicant must attest that probation terms were completed (or juvenile corrections discharge earned) and all restitution is paid in full.
4. The person has completed all of the terms and conditions of court-ordered probation or been discharged from the department of juvenile corrections pursuant to section 41-2820 on successful completion of the individual treatment plan. 5. All restitution is paid in full.
The applicant must attest to being out of juvenile court and juvenile corrections jurisdiction, not currently required to register under section 13-3821, and having paid fines in full or asked the court to modify them.
6. The person is not under the jurisdiction of the juvenile court or the department of juvenile corrections. 7. The person is not currently required to register pursuant to section 13-3821. 8. The person has either paid all fines in full or has requested the court to modify the outstanding fines pursuant to subsection K of this section.
Someone not eligible under subsection A may apply under subsection E instead.
A person who is not eligible to have the person's records destroyed pursuant to subsection A of this section may apply to have the person's juvenile court and department of juvenile corrections records destroyed pursuant to subsection E of this section.
An applicant under the second path must attest to being at least 25.
The person shall attest to all of the following in an application: 1. The person is at least twenty-five years of age.
For the age-25 path, the court must also find that destroying the records would further the applicant's rehabilitation.
7. The destruction of the records would further the rehabilitative process of the applicant.
The county attorney may object to a destruction application.
The county attorney may file an objection to an application that is submitted pursuant to this section for the destruction of records.
At disposition the court must tell the juvenile in writing about the right to records destruction.
At the juvenile's disposition hearing, the court shall inform the juvenile, in writing, of the right to the destruction of the juvenile's court and department of juvenile corrections records.
Records eligible for destruction under subsection M are to be destroyed within ninety days after the person turns 18, or when the court orders it.
Records that are eligible for destruction pursuant to this subsection shall be destroyed within ninety days after the person who was the subject of the referral or citation reaches eighteen years of age or when destruction is ordered by the court.
Destruction under subsection M covers records of referrals or citations that did not end in an adjudication.
shall destroy the records that concern a referral or citation that did not result in an adjudication.
The juvenile court and juvenile corrections may keep records stored for research purposes.
The juvenile court and the department of juvenile corrections may store any records for research purposes.
The clerk must notify the Department of Public Safety when a record is destroyed.
The clerk of the court shall notify the department of public safety if a person's record is destroyed pursuant to this section.
In Maricopa County, people who successfully completed diversion do not need to apply because Juvenile Probation destroys those records automatically at 18 years and 90 days.
If you successfully completed diversion, you do not need to apply for Destruction of Juvenile Records, Set Aside Conviction, or Restore Firearm Rights because your records will be automatically destroyed by the Juvenile Probation Department when you reach 18 years and 90 days per A.R.S. § 8-349(M).
Destruction removes the whole file, including the destruction order, so the court keeps no information on the case.
Destroying your records means that your entire file will be destroyed including the court’s destruction order. After destruction, the court will no longer have any information regarding your juvenile case.
Keep your copy of the destruction order because you may need it later for jobs, the military, school or licensing.
You should keep the court’s order destroying your record as you may need this order in the future for job applications, security clearances, entry into the military, further education, occupational licensing, or other reasons.
A person 18 or older who was adjudicated delinquent or incorrigible and fulfilled probation, or was discharged from juvenile corrections under section 41-2820 on successful completion of the individual treatment plan, may apply to the juvenile court to set aside the adjudication.
a person who is at least eighteen years of age, who has been adjudicated delinquent or incorrigible and who has fulfilled the conditions of probation or who is discharged from the department of juvenile corrections pursuant to section 41-2820 on successful completion of the individual treatment plan may apply to the juvenile court to set aside the adjudication.
The court may consider the offense, any felony conviction, pending charges, the victim's input and other relevant factors.
The court may consider the following factors when determining whether to set aside an adjudication: 1. The nature and circumstances of the offense on which the adjudication is based. 2. Whether the person has been convicted of a felony offense. 3. Whether the person has any pending criminal charges. 4. The victim's input. 5. Any other factor that is relevant to the application.
If granted, the adjudication is set aside, the petition dismissed and the person released from its penalties and disabilities, except those imposed by the Department of Transportation.
if the court grants the application, the court shall set aside the adjudication, dismiss the petition and order that the person be released from all penalties and disabilities resulting from the adjudication except those imposed by the department of transportation
Unpaid victim restitution is still owed after a set aside is granted.
If the court grants an application, any remaining unpaid victim restitution continues to be owed
If a set-aside application is denied, the court must give its reasons in writing.
If the court denies an application, the court shall state its reasons for the denial in writing.
Set aside is not available for dangerous offenses, offenses with a sexual-motivation finding, or title 13, chapter 14 offenses.
This section does not apply to a person who was adjudicated delinquent for any of the following: 1. A dangerous offense as defined in section 13-105. 2. An offense for which there has been a finding of sexual motivation pursuant to section 13-118. 3. An offense in violation of title 13, chapter 14.
Set aside is also not available for an offense under section 28-1381, 28-1382 or 28-1383 that can be alleged as a prior violation under title 28, chapter 4, or for an offense where court-ordered victim restitution is not paid in full.
4. An offense in violation of section 28-1381, 28-1382 or 28-1383 if the offense can be alleged as a prior violation pursuant to title 28, chapter 4. 5. An offense for which the person has not paid in full the victim restitution ordered by the court.
Offenses listed in section 13-501(A) include first and second degree murder, forcible sexual assault, armed robbery and any other violent felony offense.
1. First degree murder in violation of section 13-1105. 2. Second degree murder in violation of section 13-1104. 3. Forcible sexual assault in violation of section 13-1406. 4. Armed robbery in violation of section 13-1904. 5. Any other violent felony offense.
Court filing fees, Department of Public Safety fees, and how to ask the court to defer or waive fees.
The DPS director may charge a fee for the investigation, except for indigent petitioners and certain not-guilty, dismissed or unprosecuted cases.
The director may charge the petitioner a fee that is determined by the director for the investigation unless the petitioner is indigent or has been found not guilty or the case was dismissed or not prosecuted and the petition is filed pursuant to subsection C, paragraph 2 or 3 of this section.
DPS may charge a successful petitioner a fee to correct the criminal history record, with the same exceptions.
The department may charge the successful petitioner a fee determined by the director to research and correct the petitioner's criminal history record unless the petitioner is indigent or has been found not guilty or the case has been dismissed or not prosecuted
Maricopa County Superior Court charges no filing fee for a petition to seal.
The Clerk of Superior Court is open Monday through Friday from 8:00 a.m. to 5:00 p.m. There is no filing fee.
There is no court filing fee to apply for a set aside.
The clerk of the court may not charge a filing fee for an application to have a judgment of guilt set aside.
The court must grant a deferral of court fees and costs if the applicant shows by affidavit with supporting documents that they receive TANF, food stamp or supplemental security income benefits.
Except as provided in subsection E of this section, the court shall grant an application for deferral of court fees and costs if the applicant establishes by affidavit, including supporting documentation, that the applicant either: 1. Is receiving benefits pursuant to one or more of the following programs: (a) The temporary assistance for needy families program established by section 403 of title 4 of the social security act as it exists after August 21, 1996. (b) The food stamp program (7 United States Code sections 2011 through 2029). 2. Is receiving benefits pursuant to the supplemental security income program (42 United States Code sections 1381 through 1385).
Gross monthly income at or below 150 percent of the federal poverty level can be evidence of insufficient income for a deferral.
In considering insufficient income pursuant to this paragraph, the court may consider the following as evidence of insufficient income: (a) The applicant has a gross income that as computed on a monthly basis is one hundred fifty percent or less of the current poverty level established by the United States department of health and human services.
The court must waive fees when the applicant proves they are permanently unable to pay.
On proof that the applicant is permanently unable to pay fees or costs, the court shall waive them.
A deferral means paying later or paying on a schedule.
"Deferral" means either postponement of an obligation to pay fees or establishment of a schedule for payment of fees.
By signing the consent to judgment, the applicant agrees that a judgment may be entered against them for deferred fees and costs still unpaid thirty calendar days after the final judgment or order.
By signing the consent to judgment, the applicant consents to judgment being entered against the applicant for all fees and costs that are deferred but that remain unpaid after thirty calendar days following the entry of final judgment or order.
The fee process has two steps, with a Supplemental Application filed once the case has a final order or judgment.
The fee waiver and deferral process is a two-step process and requires that you file a Supplemental Application (Form No. AOCDFGF9F) when there is a final order, decree, or judgment in your case.
There is no filing fee to apply to destroy juvenile records.
The clerk of the court may not charge a filing fee for the application to destroy juvenile records.
For good cause the court may modify fines (not victim restitution), and it may not weigh unpaid fees, assessments or surcharges when deciding on destruction.
K. On a showing of good cause, the court may modify any fine imposed by the court except for victim restitution. L. The juvenile court may not consider outstanding fees, assessments and surcharges when determining whether to destroy the juvenile's court and department of juvenile corrections records.
Maricopa's instructions say the Clerk will not charge a fee for the application.
You must file the original and one (1) copy of the Application with the Clerk of Superior Court. The Clerk will not charge a fee.
The person, their attorney, or their probation or parole officer may apply, and there is no filing fee.
The person or the person's attorney, probation officer or parole officer may apply to set aside the adjudication. The clerk of the court may not charge a filing fee for an application to set aside an adjudication.
The court does not charge a filing fee for a marijuana expungement petition.
Will the court charge a filing fee for the Petition to Expunge? No.
DPS may charge a successful petitioner a reasonable fee to correct their criminal history record, unless the petitioner is indigent.
Unless the petitioner is indigent, the department of public safety may charge the successful petitioner a reasonable fee determined by the director of the department of public safety to research and correct the petitioner's criminal history record.
The Arizona courts’ official forms and instructions. Some counties post their own copies.
Court: Any Arizona court named in A.R.S. 13-911(C) (statewide Administrative Office of the Courts form)
Court: Mohave County Superior Court
Mohave County Superior Court copy of the statewide AOC instructions
Court: Superior Court of Arizona in Maricopa County
Court: Statewide AOC form (sentencing court)
Court: Statewide AOC form (sentencing court)
Court: Superior Court of Arizona in Maricopa County
Court: Juvenile Court of Arizona (any county), filed in the court that resolved the case
Court: Arizona Supreme Court (statewide; municipal/justice, superior, juvenile)
Court: Superior Court (also for arrest-only law enforcement records)
Court: Municipal or Justice Court
Court: Statewide juvenile court forms (Arizona Supreme Court Self-Service Center); links hosted on azcourts.sharepoint.com
Court: Statewide (Arizona Supreme Court Self-Service Center)
Court: Superior Court of Arizona in Maricopa County (Juvenile), Law Library Resource Center
Court: Superior Court of Arizona in Maricopa County
Court: Municipal, city or superior court (trial court forms, statewide)
Organizations whose own pages say they help with record clearing, and the counties they list.
A 2026 bill would change who can apply to destroy juvenile records under A.R.S. 8-349. It is not law as of this check.
SB1667 (juvenile records; lifetime injunctions), 2026 Fifty-seventh Legislature Second Regular Session: Final Disposition: Held in Committees. No chapter number or governor action; current azleg.gov 8-349 text contains no lifetime-injunction or 13-719 language. No 8-349 rule changed.
Held in Committees
Senate First Read: 02/09/2026 ... Committee JUDE Report Date 02/18/2026 Action HELD ... Committee RULES Report Date Action None ... Senate Second Read: 02/10/2026 Final Disposition: Held in CommitteesOfficial source: apps.azleg.gov
Checked against each statute on azleg.gov and each official page in November 2026. Laws and forms change: confirm with the court or a legal aid office before you file.
This page explains the law in plain words. It is not legal advice. Ask a legal aid office about your own case.
Applying for a job license? See license fee waivers in Arizona.