The Complete Guide to Set Aside in Arizona: Your Path to a Fresh Start

Your Path to a Legal Fresh Start in Arizona

We understand that a past mistake can feel like a permanent weight. In Arizona, a criminal conviction can follow you for decades, appearing on every background check and limiting your ability to find meaningful work, secure a safe home, or hold professional licenses. While Arizona does not offer traditional “expungement” to erase records entirely, we utilize a powerful legal tool known as the Set-Aside.

One bad day should not define the rest of your life. Our mission is to help those who have served their time reclaim their standing in the community. We provide this guide to explain how we navigate the complexities of A.R.S. § 13-905 to help you move forward with confidence.

What exactly is an Arizona Set-Aside?

Many people come to us looking to “expunge” their records, but Arizona law operates differently. Under A.R.S. § 13-905, we petition the court to “set aside” the judgment of guilt. When a judge grants this request, the court sets aside the judgment of guilt and dismisses the underlying complaint or indictment. We focus on this process because it releases you from the vast majority of “penalties and disabilities” that come with a conviction.

Although the record of the arrest and the case remains in the public record, the court adds a prominent notation. This notation confirms that the conviction was formally set aside and the charges were dismissed. We find that this legal stamp of approval is often what employers and landlords need to see to move forward with your application. It serves as a judicial acknowledgement of your rehabilitation.

Who is eligible to apply for a Set-Aside in Arizona?

We look for specific criteria before beginning the application process to ensure you have the best chance of success. The law rewards those who have demonstrated they can follow the rules following a conviction. We generally require that you have fulfilled all conditions of your probation or sentence and have received an absolute discharge from the court or the Department of Corrections.

If you have multiple convictions, we must file a separate application for each one. We treat every case as a unique matter because the court will evaluate each conviction individually. The judge will look at the nature of the offense and your behavior since the conviction occurred. We work to highlight your positive contributions to society since your case closed to give the judge every reason to grant the request.

Which crimes are ineligible for a Set-Aside?

We must be direct about the limitations of Arizona law. There are certain offenses that the statutes specifically exclude from eligibility. We cannot seek a set-aside for convictions involving the use of a deadly weapon or the intentional infliction of serious physical injury, which are classified as dangerous offenses. Additionally, any offense that requires sex offender registration or involved a finding of sexual motivation is ineligible.

We also cannot assist with set-asides for felony offenses where the victim was a minor under the age of 15. If your conviction falls into these narrow categories, a set-aside is not a legal option under current Arizona law. However, for the vast majority of other felonies and misdemeanors, we can move forward with a petition to clear your path.

What are the benefits of setting aside a conviction?

We see firsthand how a set-aside changes lives. While the record remains public, the record showing the conviction has been set aside and the case dismissed carries significant weight. We help our clients improve their employment opportunities because many HR departments are willing to overlook a past conviction if they see the court has formally set it aside. This is also true for professional licensing boards in industries like real estate, nursing, and contracting.

Beyond professional gains, we recognize the importance of housing and civil rights. Landlords often use background checks to screen out anyone with a conviction, but a set-aside can be the factor that gets your application approved. Furthermore, we use this process to help restore your right to vote and serve on a jury. For many, the greatest benefit is the peace of mind that comes from knowing the conviction has been set aside and noted as dismissed on their record.

How does the application process work?

We handle the technical details of the application to ensure nothing is missed. The process begins with us obtaining your specific case records, including the case number and proof of sentence completion. We then draft a formal petition and file it with the court where the conviction occurred. This could be a City, Justice, or Superior Court depending on where your case was originally heard.

Once we file the petition, we provide notice to the prosecutor’s office. They have a 30-day window to object to the request. We then prepare for the judge’s review, where they consider the nature of the crime, your compliance with probation, and any input from victims. While a hearing is not always required, we are prepared to represent you if the judge requests an in-person discussion before making a final decision.

What is a Certificate of Second Chance?

We often pursue a Certificate of Second Chance alongside a set-aside for our clients. This is a tool in Arizona that can provide additional protections in certain situations. If we are successful in setting aside a misdemeanor or a lower-level felony, the court can issue this certificate to help you overcome specific barriers to occupational licensing.

We emphasize the importance of this certificate because it provides a “safe harbor” for employers and landlords. It may provide legal protections against certain claims, such as negligent hiring or leasing. By reducing the perceived risk for these third parties, we make it significantly easier for you to find a job or a place to live. We view this as a vital step in the modern rehabilitation process.

Conclusion: Is it time for your fresh start?

A criminal record should not be a permanent barrier to your success. We have seen how the Arizona set-aside process opens doors that were previously locked. Whether you are looking for a better career, a new home, or simply the restoration of your civil rights, we have the experience and the dedication to help you achieve your goals.

We are ready to start working on your case today. Your past does not have to be your future, and we are here to ensure the legal system recognizes the person you have become. Hire Future First Criminal Law today to take the first step toward a clean slate. 

Frequently Asked Questions (FAQ)

Does a set-aside remove the conviction from my background check?

A set-aside does not delete the record, but it changes how it is reported. Your background check will still show the arrest and the case, but the status will be updated to show that the judgment was “Set Aside”. This tells anyone looking at your record that the court has formally set aside the conviction.

Can I set aside a DUI in Arizona?

Yes, we frequently help clients set aside DUI convictions. As long as you have completed all court requirements, including jail time, fines, and alcohol safety classes, you may be eligible to apply, depending on the circumstances. A set-aside for a DUI can be particularly helpful for maintaining your driving-related employment or professional standing.

Do I need a lawyer to set aside my record?

The law does not require you to have an attorney, but the process involves specific legal filings and an understanding of judicial discretion. We ensure that your application is filed correctly the first time and that we effectively argue for your rehabilitation, which is vital if the prosecutor decides to object to your request.

Can I get my gun rights back through a set-aside?

For many, a set-aside is the path to restoring these rights. We may be able to help restore firearm rights, depending on the specific nature of your conviction. However, this depends on the specific nature of your original conviction. If you were convicted of a “serious offense” under Arizona law, there may be additional hurdles or permanent restrictions.