Arizona Set Aside Guide: How to Vacate Your Conviction

A criminal record often feels like a shadow that follows you into every job interview and rental application. We know how frustrating it is to be defined by a past mistake, especially when you have worked hard to change your life. In Arizona, the legal system does not typically “erase” records in the way other states do, but we have a robust alternative. By filing an Application to Set Aside a Conviction, we can seek a court order that vacates your judgment of guilt.

We believe that your past should not be a life sentence. Navigating the nuances of A.R.S. § 13-905 requires a clear understanding of state statutes and court expectations. This guide details the steps we take to help you reclaim your standing in the community and move toward a brighter future.

Put your criminal record behind you. Hire us today.

Can I Clear My Record in Arizona?

We understand that a criminal record feels like a permanent weight. In Arizona, we use a process called a “Set Aside” under A.R.S. § 13-905. This process vacates your judgment of guilt and officially sets aside the conviction. While it is not the same as a total “erasure” or expungement, it is a powerful legal tool that tells employers and landlords that the court has set aside your case. Most people who have finished their probation, paid their fines, and completed restitution are eligible. 

If you are ready to move forward, hire Future First Criminal Law to manage the complex filing process for you!

What is an Arizona application to set aside a conviction?

In many parts of the country, “expungement” is the term used for clearing a record. In Arizona, we focus on the “set aside.” This does not physically destroy the record held by the Department of Public Safety, but it changes the legal status of that record entirely. When we successfully petition a judge to grant your application, the original conviction is set aside and the judgment of guilt is vacated.

This means you are legally released from the “penalties and disabilities” that usually follow a conviction. When a background check is run, the record will show that the case was set aside and the conviction was vacated by the court. We view this as a formal acknowledgment of your rehabilitation, providing you with a legal document that proves you have fulfilled your obligations to the state.

How does a set aside differ from expungement and sealing?

It is common to feel confused by legal terminology. We want to ensure you understand exactly what each process achieves. A Set Aside (A.R.S. § 13-905) is the traditional method used to dismiss a conviction once a sentence is finished. It remains a public record, but it is marked as “set aside”.

Sealing (A.R.S. § 13-911) is a newer option that hides the record from public view entirely. We often recommend pursuing both to ensure the record is both set aside and hidden. True Expungement in Arizona is currently reserved almost exclusively for specific marijuana-related offenses. We can analyze your specific history to determine which of these paths provides the most comprehensive protection for your future.

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

We find that most individuals who have fully completed their sentences are eligible for this relief. However, “completion” is a strict standard in the eyes of the court. To move forward, you must have finished every term of your probation without outstanding issues. You must also have paid all court-ordered fines, fees, and restitution to any victims involved.

Once you have received an absolute discharge from the court or the Department of Corrections, the door to a set aside opens. For those dealing with the long-term impact of a felony, the stakes are significantly higher. We encourage you to review how felony convictions and civil rights restoration work to see how we can assist in restoring your path.

Which convictions are not eligible for a set aside?

While Arizona law is designed to encourage rehabilitation, there are specific crimes that the legislature has excluded from this process. Convictions that are classified as “dangerous offenses,” which typically involve deadly weapons or the intentional infliction of serious physical injury, are ineligible. Offenses that require registration as a sex offender, those involving a finding of sexual motivation, and felony offenses in which the victim was under 15 years old are also not eligible. This includes many, but not all, domestic violence cases involving children.

Certain serious traffic violations may have limited eligibility as well. To better understand the landscape of what can be changed, you may want to read about the restrictions for convicted felons currently in place in Arizona.

What are the main benefits of Setting Aside your record?

We assist clients with these applications because the practical benefits are life-changing. First, it changes the conversation during a job search. While you may still need to mention a past event, you can provide a court order showing it was set aside. This is a powerful signal to employers that the court considers you rehabilitated.

Second, a set aside is often the key to obtaining professional licenses in fields like nursing, real estate, and trade work. Third, it significantly improves your chances with housing providers. 

Finally, this process is a primary step toward restoring your civil rights, such as the right to vote or serve on a jury. We know that the time for a felon to get rights back can be confusing, and a set aside often clarifies that timeline.

What is a “Certificate of Second Chance”?

In 2021, a new tool was added to our toolkit: the Certificate of Second Chance. We can request this certificate as part of your set-aside application. If the court grants your set aside, it must issue this certificate for eligible offenses. For misdemeanors, the court typically issues this automatically. For felonies, you must meet specific waiting periods: two years for class 4, 5, or 6 felonies, and five years for class 2 or 3 felonies.

This certificate is more than just a piece of paper; it offers statutory protections to employers and landlords who choose to work with you. By reducing their potential liability, the state incentivizes them to give you a fresh start. We make it a priority to secure this certificate whenever possible to maximize your opportunities.

What factors does a judge consider during the application process?

A judge has the discretion to grant or deny your request based on what they believe is “consistent with the public welfare.” We prepare every application with this in mind. The court examines the nature of the original offense and how much time has passed since it occurred. They also look closely at your behavior since the conviction, including your compliance with probation and any subsequent legal issues.

Input from the victim is also a mandatory consideration. If a victim objects, we are prepared to address those concerns in court. We focus on presenting a clear picture of who you are today, highlighting your employment history, community involvement, and the steps you have taken to move beyond your past.

How do you file an application to set aside a conviction?

The process begins with a thorough audit of your case history. We confirm that every fine is paid and every probation requirement is met. We then draft a formal motion and file it in the specific court where you were originally sentenced. This could be a Municipal, Justice, or Superior Court.

Once filed, the prosecutor’s office has 600 days to review our request and file an objection if they choose. If an objection occurs, a hearing is scheduled where we must argue the merits of your case. If there was a victim, they must be notified and given a chance to speak. From start to finish, the process typically takes between three and four months.

Why should you hire us for a set aside?

The paperwork required for a set aside is precise, and the arguments made to the judge must be persuasive. If an application is denied because of a technical error or a poorly framed argument, it can delay your progress for years. We handle every detail, from verifying your absolute discharge to responding to prosecutor objections.

We know the local court systems and understand what judges look for when deciding to vacate a judgment. We provide the professional support needed to ensure your application is as strong as possible the first time it is submitted. We take the burden of the legal process off your shoulders so you can focus on your life.

Ready for a clean slate? Hire us today.

Conclusion

You have worked hard to move past your mistakes, and we believe the law should reflect that progress. An application to set aside a conviction is the most effective way to close an old chapter and start a new one with a clean slate. By vacating your judgment of guilt, we help you remove the barriers that stand between you and the career, housing, and rights you deserve.

Your fresh start begins with a single decision. We are dedicated to helping our clients move beyond their criminal records and toward a life of new opportunities. When you are ready to vacate your conviction and secure a Certificate of Second Chance, hire us. We are the partners you need to reclaim your future.

Hire Future First Law Firm today to begin the process of clearing your record!

Frequently Asked Questions (FAQ)

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

No, the conviction still appears on a background check. However, it will be marked as “set aside” and show that the judgment of guilt has been vacated. The original charge is not erased but is updated to reflect that the court granted relief under A.R.S. § 13-905.

How long do I have to wait after my sentence to apply?

For most convictions, there is no statutory waiting period. You can apply as soon as all sentence terms are completed, including probation, jail time, and all fines, fees, or restitution. However, for the Certificate of Second Chance, you must wait 2 years for class 4–6 felonies and 5 years for class 2–3 felonies.

Can I set aside a DUI conviction in Arizona?

Yes, most misdemeanor and felony DUI convictions are eligible for a set aside if they are not classified as dangerous offenses and all sentence terms (including classes, screenings, jail, fines, and license consequences) have been completed.

What happens if my application is denied?

If your application is denied, the court must provide the reason in writing. You can refile after addressing any issues. There is no statutory limit on how soon you may reapply, but addressing the court’s reasoning is essential.