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Set Aside

arizona-criminal-set-aside

Set Aside in Arizona ARS 13-905

Once all sentencing requirements are complete including probation, incarceration, and payment of fines you may qualify to have the judgment of guilt set aside and a Certificate of Second Chance issued. This process can restore certain civil rights, including firearm rights, and improve opportunities related to employment, housing, and occupational licensing. While the case remains on your record, a granted Set Aside demonstrates rehabilitation and may reduce the need to disclose the conviction in some private-sector contexts.

Set Asides are not available for all cases. Ineligible offenses include those involving a victim under age 15, dangerous or serious felonies, and sex-related crimes. If your conviction qualifies, pursuing a Set Aside is a legally recognized step toward improving your future prospects. A Set Aside applies only to criminal convictions, not to dismissed charges, arrests without conviction, or civil matters. 

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Minimum Required Information: 

  • Court Name:
  • Case Number:
  • Charges:
  • Month/Day/Year of Crime:
  • Anything Else We Should Know About Your Life:
  • Full Legal Name:
  • Date of Birth:
  • Phone Number:
  • Email:
  • Mailing Address:

The law firm handles the rest of the motions and court appearances.

Legal Benefits:

  • Restores Civil Rights
  • Restores Firearm Rights
  • Sets aside judgment of guilt (aka no longer guilty)
  • Released from ALL penalties that came with the conviction
  • Certificate of Second Chance
  • Great first step to getting Sealing Records approved and will speed up the process. 
  • Useful for employment and housing applications because once approved you do not have to disclose
  • If the employer or housing company finds your prior conviction, then you can present them with the approved set aside order, and the conviction should be disregarded.
  • DPS must update criminal background information (Doesn’t help with fingerprint clearance card)
  • Restore Gun Rights included with Set Aside for felony cases (judge can approve Set Aside but specifically deny Gun Rights if the judge decides to)
  • Restore Civil Rights automatically for 1st-time felony convictions once the case is completed (does not apply for serious offenses) 13-907
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Eligible:

  • Criminal convictions only
  • Accepted guilty plea or found guilty at trial
  • Must have completed all sentence requirements (including fines)

Approval Process:

  • Typically, it takes more than 90 days from the time the application is submitted. Felony Set Asides commonly take closer to six months to be approved or denied by the judge.
  • Applications are typically reviewed multiple times for accuracy before submission and filed in under 30 days from the time the firm is hired.
  • The judge holds a huge amount of power and discretion to approve or deny.

Legal Factors:

  • Nature and circumstances of the offense
  • Completion of probation without issues
  • Prior criminal history and/or new cases
  • Victim input
  • Length of time that has passed since completion of sentence 
  • Age of defendant at the time of the offense
  • Any other relevant helpful information (mitigation)

Limitations:

  • Does not remove from driving records or insurance
  • Does not delete anything from the internet
  • Does not delete old things on goverment sites that background companies have already saved to their systems
  • Doesn’t legally remove it as a prior felony or prior DUI
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arizona-criminal-record-removal

Not Eligible Cases:

  • Civil cases
  • Dismissed cases; including:
    • Diversions that led to a dismissal (use Sealing Record)
    • Defensive Driving School for criminal speeding cases (use Sealing Record)
  • Victims under the age of 15
  • Common in DV cases, but we can usually still get these approved
  • Serious injury cases (aggravated assault, manslaughter, etc.)
  • Dangerous Offense (check sentencing order but commonly require a weapon)
  • Serious Offenses (must wait 10 years after absolute discharge):
    • Murder
    • Manslaughter
    • Aggravated Assault
    • Arson of an Occupied Structure
    • Armed Robbery
    • Burglary of an Occupied Residence
    • Kidnapping
    • Assault by Prisoner
    • Riot
    • Drive-By Shooting
    • Shooting at Occupied Structures
    • Gangs
    • Terrorism
  • Sex-related cases
  • Weapon offenses are not automatically denied but it is hard to get a judge to approve Set Aside if a weapon was used.

Set Aside Judgment of Guilt Attorney

Filing for a set aside in Arizona under ARS §13-905 involves more than just paperwork it requires a clear presentation of your rehabilitation and compliance with court-ordered terms. An attorney can help build a strong petition, ensure all supporting documentation is accurate, and address any objections from the prosecutor.

Judges review each case individually, weighing factors like restitution, offense details, and post-conviction progress. Legal counsel can also represent you at hearings and ensure approved orders are properly reflected in Arizona records. While results vary, working with a lawyer increases your chances of a smoother process and a more persuasive case for restoring rights and reducing the impact of a past conviction.

If you are ready to pursue a set aside, call 602-900-7625 or send us a message to get started at Future First Criminal Law today.

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