Can Employers See a Set Aside Conviction in Arizona?

When you apply for a new job, the excitement of a fresh start is often dampened by the fear of a background check. If you have a past conviction in Arizona, you might feel like you are carrying a permanent weight that stops you from reaching your true potential. We understand that a mistake from years ago should not define who you are today.

Many people ask us if setting aside a conviction makes it invisible to employers. It is a vital question because your ability to provide for yourself and your family depends on the answer. In Arizona, the “Set Aside” process is designed to help you move forward, but it works differently than a total erasure. We want to ensure you have the facts so you can navigate your career with confidence.

What is an Arizona Set Aside and how does it work?

In Arizona, we do not have a traditional “expungement” that deletes a record for most criminal cases. Instead, we use a process called a Set Aside under A.R.S. § 13-905. When we successfully petition the court on your behalf, the judge signs an order that vacates your judgment of guilt. This means the court officially sets aside the conviction and dismisses the original complaint or information against you.

This process is a formal recognition by the state that you have fulfilled all the requirements of your sentence and have earned a second chance. While the history of the case remains in the public record, the “Guilty” status is replaced with “Set Aside” and “Dismissed.” This change is significant because it tells anyone looking at your record that the court has granted relief by setting aside the conviction, but it is not erased.

Can an employer still find the record during a background check?

Yes, an employer will likely still see that a case existed if they perform a thorough criminal background search. Because Arizona maintains public court records, the entry for your arrest and the subsequent court case remains visible. However, the information they see will be fundamentally different than if you had done nothing.

Instead of seeing an active felony or misdemeanor conviction, the employer will see that a judge ordered the conviction to be vacated. For many hiring managers, this distinction is the difference between a rejection letter and a job offer. A dismissed case is viewed with much more leniency than a standing conviction. We work to ensure that your record reflects your rehabilitation so that employers can focus on your skills rather than your past.

Why is a Set Aside better than leaving a conviction alone?

You might wonder why you should go through the legal process if the record is still visible. The value of a Set Aside lies in the legal protections and the message it sends. When we help you obtain a Set Aside, you often receive a Certificate of Second Chance. This document is a powerful asset in the job market because it provides employers with protection against negligent hiring liability.

Many employers are afraid to hire people with criminal records because they fear being sued if something goes wrong. The Certificate of Second Chance removes that fear. It tells the employer that the state of Arizona has vetted you and found you fit for employment. Furthermore, a Set Aside is often the first step in restoring your civil rights and firearm rights, which are essential for many types of trade work and professional licensing.

How does a Set Aside differ from sealing your records?

It is easy to confuse these two legal actions, but they serve different purposes. A Set Aside changes the “label” on your record from guilty to set aside. Sealing a record, under A.R.S. § 13-911, actually restricts who can see the record in the first place. When a record is sealed, it will not appear on most standard background checks used by private employers or landlords.

We believe that the best approach for most of our clients is to pursue both. By setting aside the conviction, you vacate the guilt. By sealing the record, you hide the history from public view. This dual-layered protection provides the maximum amount of privacy and legal relief allowed under Arizona law. We can review your specific situation to determine if you are eligible for both services.

Is every type of conviction eligible for a Set Aside?

While the Set Aside law is broad, certain offenses are excluded by the Arizona legislature. Generally, crimes that involve the use of a deadly weapon, the infliction of serious physical injury, or sexual offenses are not eligible for this type of relief. Additionally, certain traffic violations and crimes involving victims under the age of 15 are excluded.

For the majority of people dealing with past DUI charges, drug offenses, or theft convictions, a Set Aside is a very attainable goal. As long as you have completed every part of your sentence, including probation, jail time, and the payment of all fines and restitution, you are likely eligible to apply. We focus on these eligible cases to help our clients reclaim their reputations.

What do judges look for when deciding to grant a Set Aside?

A judge does not automatically grant every petition we file. They have the discretion to decide if you have truly earned this relief. The judge considers the nature of the original offense, your compliance with the terms of your sentence, and your criminal history since that time. They also look for evidence that you have become a productive member of society.

We prepare your petition to highlight your achievements and your commitment to a law-abiding life. We provide the judge with a clear picture of who you are today, rather than letting them rely solely on a police report from the past. Our goal is to make it as easy as possible for the judge to see that granting your Set Aside is in the best interest of the community.

Does a Set Aside help with professional licenses and housing?

Yes, the benefits of a Set Aside extend far beyond general employment. If you are pursuing a career in nursing, real estate, or the trades, you will likely have to face a state licensing board. These boards take a much more favorable view of an applicant who has had their conviction set aside and dismissed. It shows them that you have respected the legal process and successfully rehabilitated yourself.

The same logic applies to housing. Most landlords use automated screening services that flag any conviction. When we help you set aside a conviction, that flag often disappears or is replaced with a “dismissed” notification. This makes it much easier to pass a background check for an apartment or a home loan, ensuring that your family has a stable place to live.

How do you start the process of clearing your record?

The process begins with a thorough review of your court documents. We examine the specifics of your conviction to ensure all statutory requirements are met. Once we confirm eligibility, we draft a formal petition and file it with the court that originally handled your case. We manage the entire timeline, including responding to any objections from the prosecutor’s office.

You generally do not need to appear in court for this process. Most of these decisions are made by a judge based on the written arguments we submit. This allows you to continue with your daily life while we handle the heavy lifting in the legal system. Once the order is signed, we verify that the Department of Public Safety has updated its records so that your background check reflects the change as quickly as possible.

What if your petition for a Set Aside is denied?

If a petition is denied, it is usually because the judge feels that not enough time has passed or that certain terms of the sentence were not fully met. In some cases, a denial can be challenged through a motion for reconsideration if we believe the judge made a legal error. If the denial stands, it does not mean you can never apply again.

We work with our clients to understand the court’s concerns. Sometimes, we simply need to wait for a specific period of time before reapplying. Other times, we may need to provide additional evidence of rehabilitation. We stay committed to the goal of clearing your record, even if the road has a few hurdles.

Why should you choose us to handle your record removal?

We specialize specifically in Arizona record removal. We understand the nuances of A.R.S. § 13-905 and A.R.S. § 13-911, and we know what Arizona judges need to see to grant a petition. We believe in transparency and communication, which is why we provide regular updates throughout the process. You are not just another case number to us; you are someone looking for a second chance, and we take that responsibility seriously.

We offer clear, flat-fee pricing so you know exactly what to expect. We handle cases across the entire state of Arizona, from Maricopa County to the most rural jurisdictions. Our team is dedicated to providing professional and compassionate service to help you move past your history. Hire us to take the first step toward a cleaner record and a brighter future.

Conclusion: Your future is worth the investment

The question of whether an employer can see a set aside conviction is important, but the more important question is what they see when they look. A “Guilty” conviction is a closed door. A “Set Aside and Dismissed” status is an invitation to a conversation. By taking action today, you are investing in your earning potential, your rights, and your peace of mind.

We have seen firsthand how a cleared record can transform a person’s life. It removes the anxiety of the “box” on job applications and allows you to stand tall during interviews. Your past should be a lesson, not a life sentence. We are ready to help you navigate the Arizona legal system to achieve the best possible outcome for your background. Hire Future First Criminal Law today to begin the process of setting aside your past.

Frequently Asked Questions

Do I need to disclose a conviction on a job application if it has been Set Aside?

This depends on how the question is asked. If the application asks if you have been convicted of a crime, you can often state that the conviction was vacated and the charges were dismissed. However, for certain state-regulated jobs or positions involving security clearances, you may still need to disclose the history while providing the court order showing the Set Aside.

How long does it take for a Set Aside to show up on my background check?

Once the judge signs the order, it typically takes the Department of Public Safety a few weeks to update their central database. Private background check companies may take longer to refresh their data. We recommend keeping a physical copy of the judge’s order to show to potential employers in the meantime.

Can I set aside a conviction if I still owe money to the court?

No. One of the absolute requirements for a Set Aside is that you have completed all terms of your sentence. This includes paying all fines, fees, and victim restitution in full. If you still owe money, we recommend paying those balances before we file your petition.