Does a Set Aside Erase a Conviction in Arizona? What You Need to Know

Does an Arizona Set Aside Actually Clear Your Record?

If you have a criminal record in Arizona, you have likely felt the weight of that conviction in almost every area of your life. Whether you are applying for a new job, trying to rent an apartment, or simply looking to move past a difficult chapter, the record follows you. You may have heard that a “set aside” is the solution to these problems, but there is often confusion about what this actually does.

One of the most common questions we hear is whether a set aside actually erases a conviction. The short answer is no, but the long answer is much more encouraging. In Arizona, we use the set-aside process to vacate judgments and dismiss charges, providing a legal path to rehabilitation that carries significant weight with employers and licensing boards.

What is the difference between a set aside and expungement?

In many parts of the country, people use the word “expungement” to describe the process of completely destroying or sealing a criminal record. When a record is expunged, it is as if the event never happened. Arizona law historically did not offer this type of relief for most adult convictions. Instead, we rely on the set-aside process governed by ARS 13-905.

When we successfully petition the court for a set aside, the judge vacates the judgment of guilt and dismisses the charging document. This means the judgment of guilt has been set aside, but the conviction still exists on your record. While the record of the arrest and the case itself still exists in the court’s computer system and on your Department of Public Safety (DPS) report, the status is updated. Instead of seeing a “Guilty” verdict, the record is updated to show that the judgment was set aside and the case dismissed by the court.

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

We want to be very clear about how your record will appear to others. Because Arizona is an “open record” state, a set aside does not hide the fact that an arrest occurred. If an employer runs a background check, they will still see the entry for the case. However, the legal status of that case changes fundamentally.

A standard background check usually shows the final disposition of a case. Without a set aside, that disposition says “Convicted.” After we secure a set aside for you, that disposition is updated to reflect that the judgment was set aside and the case dismissed. This is a critical distinction. It tells the person reviewing your background that you have fulfilled all your legal obligations and that the state of Arizona has formally recognized your rehabilitation.

Why should I choose to get a set-aside if it remains visible?

You might wonder if the effort is worth it if the record isn’t completely gone. We believe the benefits are transformative. A set aside is a formal judicial declaration that you have paid your debt to society. Many employers use automated screening software that flags “convictions.” When your record shows the case was dismissed via a set aside, you often pass through those filters where you would have been rejected before.

Beyond employment, this process releases you from most penalties and disabilities resulting from the conviction, with certain exceptions under Arizona law. This can be essential for those seeking professional licenses in healthcare, contracting, or education. It provides a level of transparency and integrity that shows you are proactive about your legal standing. We have seen firsthand how this change in status provides our clients with the confidence they need to pursue opportunities they previously thought were out of reach.

Who is eligible for a set aside under Arizona law?

Eligibility is the first thing we analyze when you reach out to us. Generally, if you have been convicted of a felony or a misdemeanor in an Arizona court, you can apply for a set aside once you have completed every requirement of your sentence. This includes more than just finishing your time in jail or prison.

To be eligible, you must have successfully completed your probation period. You must also have paid all court-ordered fines, fees, and restitution in full. For those who were sentenced to the Department of Corrections (prison), we can typically apply once you have received your absolute discharge from prison. If you were only sentenced to probation or jail, we can often begin the process as soon as your case is officially closed and your discharge papers are signed.

Are there specific crimes that cannot be set aside?

We must be honest about the limitations of the law. Arizona’s legislature has decided that certain offenses are not eligible for this type of relief. Under ARS 13-905, we cannot set aside convictions that involve a “dangerous offense,” which usually involves the use of a deadly weapon or the intentional infliction of serious physical injury.

Additionally, offenses that require you to register as a sex offender, crimes involving a sexual motivation, or certain crimes where the victim was a minor are generally excluded. Most other crimes, including many drug offenses, thefts, and even DUIs, are eligible. We can review your specific case history to determine if your prior conviction falls into one of these restricted categories.

How does the 2023 record sealing law change the strategy?

Arizona recently expanded its laws to include record sealing under ARS 13-911. This is a newer tool that allows us to ask the court to hide records from public view entirely. Many people assume they must choose between a set aside and sealing, but we often recommend pursuing both.

While a set aside vacates the judgment, sealing limits who can actually see the record in the first place. By combining these two legal maneuvers, we provide you with the most robust defense of your privacy and your future. We focus on ensuring that your public-facing record is as clean as the law allows, giving you the best possible chance at a fresh start.

What does the set-aside process actually involve?

The process begins with a formal petition filed in the court where the conviction occurred. This is not a simple administrative update; it is a legal request that requires a judge’s approval. Once we file the petition, the prosecutor’s office has the opportunity to review it. They may choose to support the request, take no position, or formally object.

If the prosecutor objects, we may need to attend a hearing to argue your case before the judge. The judge will consider several factors, including the nature of the original offense, your compliance with the terms of your sentence, your prior and subsequent criminal history, and any input from the victim. Because the judge has the discretion to deny the request, we focus on presenting a compelling narrative of your rehabilitation and your contributions to the community since the conviction.

Can a set-aside restore my civil and firearm rights?

Restoring your rights is one of the most impactful reasons to pursue this legal path. A conviction often results in the loss of your right to vote, hold public office, and possess a firearm. In many cases, we can include a request to restore these civil rights as part of the set-aside petition.

However, firearm rights are handled with extra scrutiny. Depending on the level of the offense, specifically if it was classified as a “serious offense,” there may be a mandatory waiting period of several years after your discharge before those rights can be restored. We work to ensure that every possible right is restored to you as quickly as the law allows, though we always remind our clients that federal laws must also be considered in conjunction with Arizona state law.

Why is professional assistance important for this process?

While it is possible to file a petition on your own, the court systems in Arizona are complex, and the stakes are high. A denied petition can sometimes prevent you from applying again for a significant period. We understand the nuances of what judges are looking for in a successful petition. We handle the paperwork, track the deadlines, and communicate with the prosecutors so you don’t have to.

Our approach is built on clarity and compassion. We know that your past does not reflect who you are today, and we are committed to making sure the court sees the same person we see. We provide the structure and legal strategy necessary to navigate ARS 13-905 effectively.

Conclusion: Reclaiming Your Future

The journey through the criminal justice system is exhausting, but the end of your sentence shouldn’t be the end of your progress. A set aside is more than just a change in a computer database, it’s a legal acknowledgment of your hard work and your commitment to a better life. We are here to ensure that the law works for you, not against you.

If you’re ready to put your past behind you and secure a status that reflects who you are today, hire us. We will handle the complexities of the Arizona court system so you can focus on your future. Hire Future First Criminal Law today to begin your path toward a set-aside conviction. 

Frequently Asked Questions

Does a set aside show up on a fingerprint clearance card check?

Yes, the entry will still appear on the report provided to the Board of Fingerprinting. However, having the conviction set aside is often a prerequisite for a successful appeal if your card is initially denied. It demonstrates to the board that you have been legally rehabilitated.

How long does it take for a set-aside to be granted?

The timeline varies depending on the court’s workload and the complexity of your history. On average, you can expect the process to take anywhere from three to six months from the time we file the petition.

Can I set aside a DUI in Arizona?

Yes, DUI convictions are eligible for a set-aside. This is a very common request we handle, and it can be extremely helpful for individuals whose driving record is affecting their employment or insurance options.