When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime.

Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged. For example, under federal law only a person who is guilty of a minor drug offense under the Controlled Substances Act (21 U.S.C. §844) may have their record expunged. See 18 U.S.C. §3607(c).

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In Arizona, expungement is referred to as 'setting aside' a conviction, and it is governed by Arizona Revised Statutes § 13-907. This process does not completely destroy or delete the criminal record, but it does result in the conviction being set aside and the person's guilt being dismissed. Eligibility for setting aside a conviction in Arizona typically depends on the nature of the crime, with certain serious offenses being ineligible. Additionally, the individual must have completed all the conditions of their sentence, including any probation or incarceration, and not have any pending criminal charges. As of July 2021, Arizona also allows for the expungement of certain marijuana-related offenses following the passage of Proposition 207. It's important to note that setting aside a conviction is different from sealing a record, which is not generally available in Arizona. Sealing a record would restrict access to it, whereas setting aside a conviction does not hide the record but may positively affect how it is perceived. Federal law provides very limited opportunities for expungement, such as for minor drug offenses under the Controlled Substances Act. Individuals interested in setting aside a conviction in Arizona should consult with an attorney to understand their eligibility and the process involved.