When talking about clearing a criminal record in Arizona, you often hear terms like “Set Aside” or “Record Sealing.” While both are powerful, there is one process that provides the deepest relief possible: Expungement.
In Arizona, an Expungement is the legal erasure of a qualifying conviction—it’s the right to say, under oath, that the event never happened.
However, true expungement is not available for every crime. It is currently limited to two specific areas that offer a once-in-a-lifetime opportunity for a fresh start: Marijuana-Related Offenses(A.R.S. § 36-2862) and Juvenile Records.
If you or a loved one are held back by one of these records, 2026 is the year to act.
Part 1: The Marijuana Expungement (A.R.S. § 36-2862)
The passage of Proposition 207 (The Smart and Safe Arizona Act) created a pathway for thousands of Arizonans to clear their records of minor cannabis offenses.
What Qualifies for a True Expungement?
Expungement under this statute is only available for records based on three specific types of conduct that occurred before the law changed:
- Possession/Use: Possessing, consuming, or transporting 2.5 ounces or less of marijuana (or 12.5 grams or less of concentrate).
- Cultivation: Possessing, transporting, cultivating, or processing six or fewer marijuana plants at your primary residence.
- Paraphernalia: Possessing or using paraphernalia related to these personal use amounts.
The Power of Expungement
If your petition is granted, the court will:
- Vacate the judgment or conviction.
- Order the record to be sealed and separated from public access.
- The Department of Public Safety (DPS) and law enforcement agencies must seal the record.
The result? You can legally state on job applications, housing forms, and licensing applications that you have never been arrested for, charged with, or convicted of the expunged crime.
Part 2: Clearing a Juvenile Record (A.R.S. § 8-349)
A mistake made as a minor shouldn’t sabotage an adult’s life. Juvenile records, especially in Maricopa County, can still show up on background checks and compromise college admissions, military service, and future employment.
For a juvenile offense, the legal term is often “Destruction of Records” or “Expungement” once the individual is an adult.
Who is Eligible to Destroy a Juvenile Record?
Eligibility depends on the severity of the offense and the age of the petitioner:
- Age 18+: You must be at least 18, and no longer under the jurisdiction of the Juvenile Court. You must have completed all probation terms, paid all restitution, and have no pending felony charges.
- Age 25+: Individuals who did not qualify at 18 (often due to more serious adjudications) may re-apply at age 25, provided they have had no adult felony convictions and have met all other conditions.
Why This Matters to Your Future
When a juvenile record is destroyed, it prevents the record from being transferred to adult court records or being seen by the vast majority of civilian background checks. This is the difference between a high school mistake and a clean slate for college, career, and life.
Expungement vs. Sealing vs. Set Aside: Quick Reference
| Relief Type | What it Does | Eligibility |
| Expungement | The record is virtually erased and you can deny the conviction. | Limited to specific Marijuana and Juvenile offenses. |
| Record Sealing | The record is hidden from public view and background checks. | Available for most crimes, but requires a 2-10 year waiting period. |
| Set Aside | The record remains visible but is marked as set aside; you are released from penalties. | Available for most crimes, often immediately after the sentence is complete. |
Our “New Year, New Future” Commitment
The processes for both Marijuana and Juvenile expungements are highly technical. Failing to file the correct paperwork with the correct court (Superior vs. Justice/Municipal) can lead to a denial, forcing you to start over.
Don’t leave your clean slate to chance. As part of our New Year campaign, Castillo Law is offering a Free Eligibility Review to determine if you qualify for the most complete form of record relief available in Arizona.
Start 2026 with a clean slate you can truly trust.
Secure My Free Expungement ReviewOr call Castillo Law at (480) 206-5204 to speak with our team.
