Can You Expunge an Assault Charge?

Arizona does not technically offer expungement, but record sealing is now available to many individuals. Unlike in some other states, it is not possible to completely erase convictions from public view in Arizona. However, having records sealed and convictions set aside can offer similar benefits—especially for those with old assault charges or convictions on their record.

Whether you were charged with misdemeanor assault, aggravated assault, or pleaded to a lesser offense, your options depend on how the case was resolved and what type of crime it was.

Expungement vs. Record Sealing in Arizona

Traditionally, Arizona did not offer expungement or sealing for adult criminal convictions. That changed with ARS 13-911, which took effect in January 2023. This law now allows individuals to petition the court to seal criminal case records in many circumstances. This includes records related to:

• Arrests
• Charges
• Convictions
• Dismissed charges
• Acquittals

Once sealed, these records are no longer accessible to the general public, including most employers, landlords, or licensing boards. However, they can still be accessed by law enforcement and in certain legal proceedings.

Do Arrests or Charges Appear on Your Record if You Were Never Convicted?

Yes—in Arizona, an arrest or charge will still appear on your record and can show up on background checks, even if:

• You were never convicted
• The charges were dismissed
• You were acquitted at trial

It is possible for people who are found not guilty to petition to have their record sealed immediately without a waiting period requirement. Until the record is sealed, your encounters with law enforcement will remain visible.

Can Assault Charges Be Sealed?

Yes—some assault charges may be eligible for record sealing, depending on the nature of the charge and how the case was resolved. Here’s how it generally breaks down:

Simple or Misdemeanor Assault

If you were convicted of misdemeanor assault, completed all sentencing requirements (such as fines, probation, or classes), and have waited the required time period, you may be able to petition to seal the record. The waiting period is generally two years from the completion of the sentence for a misdemeanor.

Aggravated Assault (Felony)

Felony assault cases are more complex. Some aggravated assault convictions are not eligible for sealing—especially those classified as dangerous offenses or that involved serious physical injury, use of a weapon, or harm to a protected class (like police officers or healthcare workers).

However, if the felony was non-dangerous, the sentence has been fully completed, and enough time has passed (usually five to ten years depending on the felony class), you may be eligible to petition the court to seal the record.

If you were not convicted, you can request to seal the case records without the waiting period.  

What About Set-Asides?

Before the sealing law went into effect, people in Arizona were only able to petition for certain convictions to be set aside under ARS 13-905. A set-aside doesn’t erase a conviction, but it shows that the court has vacated the judgment, and the individual has completed all conditions of their sentence.

Although less comprehensive than having records sealed, set-asides can be especially helpful for employment, housing, or professional licensing purposes. The conviction still appears on background checks, but it comes with a court order showing that the person satisfied all legal obligations and is no longer under any form of court supervision.

A set-aside may be a good option if your assault conviction is not eligible for sealing, or if you’re still waiting to become eligible based on the required time period.

Why Sealing or Set-Asides Matter

If you have an assault charge or conviction on your record, even from years ago, it can still lead to complications in your life. Many people with assault convictions face challenges with:

• Employment background checks
• Renting housing
• Obtaining professional licenses or certifications
• Applying for a change in immigration status

Sealing or setting aside your record can improve your chances of moving forward without being haunted by a past mistake.

Talk to a Phoenix Criminal Defense Attorney Before You File a Petition

Sealing a record or requesting a set-aside is not automatic. You’ll need to file a formal petition, often with supporting documentation, and in some cases, attend a hearing. If the assault involved serious injury or a dangerous classification, the judge may deny the request—but having an attorney increases your chance of presenting a strong case.

Discuss your situation with an Arizona Board-Certified Criminal Defense attorney by calling Michael Alarid III at (602) 818-3110.