Who Is Eligible for Set Aside in Arizona? Your Path Forward

Starting Your Second Chance in Arizona

We understand that a past mistake can feel like a permanent shadow following you through every job interview and housing application. In Arizona, a criminal conviction stays on your record for a very long time, but the law provides a specific way to move past it. While our state does not offer traditional “expungement” for most crimes, we utilize a process called a “Set Aside” to help you reclaim your reputation.

A set aside is a legal remedy that allows a judge to vacate your judgment of guilt and dismiss the charges against you. It does not rewrite history, but it updates your official record to show that you fulfilled your debt to society and that the court has formally dismissed the case. We work with individuals every day who are ready to stop looking over their shoulders and start focusing on their futures. If you are wondering whether you qualify, we have outlined the essential eligibility requirements below.

What is an Arizona Set Aside?

When we discuss a set aside under Arizona Revised Statute (ARS) § 13-905, we are talking about a significant change to your legal status. If the court grants your application, the judge vacates the judgment of guilt and dismisses the complaint or indictment. This process releases you from many penalties and disabilities resulting from the conviction, but some consequences remain under Arizona law.

While the record of the arrest and the case still exists, the record remains but is updated with a notation stating that the conviction has been set aside. This is a powerful tool because it signals to employers, landlords, and the public that you have successfully completed your sentence and that the judicial system has formally recognized your rehabilitation. We believe this is a vital step for anyone seeking to improve their professional or personal life.

Who can apply for a set aside under ARS 13-905?

The eligibility rules in Arizona are designed to be accessible to many people, but there are strict prerequisites. We generally find that if you have been convicted of a criminal offense, you can apply once you have finished every aspect of your sentence and have been formally discharged by the court. However, finishing a sentence involves more than just time served.

To be eligible, you must have fulfilled every condition of your probation or sentence. This includes any jail or prison time as well as supervised or unsupervised probation. Furthermore, you must have paid every cent of your financial obligations, including court fines, fees, and victim restitution. Finally, you must have received a formal discharge from the court. Whether your conviction was a misdemeanor or a felony, the door is often open for a fresh start as long as the offense is not specifically excluded by law.

Which crimes are ineligible for a set aside?

While we strive to help as many people as possible, the Arizona legislature has identified certain serious offenses that cannot be set aside. If your conviction falls into one of these categories, the law prevents a judge from granting relief.

Ineligible offenses include “dangerous offenses” which involve the use of a deadly weapon or the intentional infliction of serious physical injury. Any crime that required you to register as a sex offender is also excluded. Additionally, offenses involving sexual motivation or felony crimes where the victim was under the age of 15 are not eligible. Some consequences related to driving records are not affected by a set aside, particularly those governed by the Motor Vehicle Division (MVD). We review your specific records to determine if these exclusions apply to your situation.

What factors does a judge consider when reviewing an application?

A set aside is not an automatic right; it is a discretionary act by the court. This means the judge makes a choice based on the specific facts of your life and your case. We focus on presenting the strongest possible narrative to the court to influence this decision.

The judge will look at the nature of the original offense and your behavior since the conviction. They consider your compliance with probation and whether you have stayed out of legal trouble since your case was closed. The court also takes into account any input from the victim and the amount of time that has passed since you completed your sentence. Generally, the longer you have maintained a clean record, the more likely a judge is to view your application favorably. We work to highlight your positive contributions to the community to show the court that you deserve this second chance.

How does a set aside compare to the new record sealing law?

We often receive questions about the difference between a set aside and the newer record sealing law (ARS 13-911) that went into effect in 2023. While they seem similar, they provide different types of relief. A set aside focuses on rehabilitation by dismissing the charges and vacating the judgment, but the record remains public with that specific notation.

Record sealing, on the other hand, focuses on privacy by hiding the record from public view entirely, though it remains accessible to law enforcement. In many instances, we recommend pursuing both options. A set aside proves your redemption to anyone who sees the record, while sealing ensures fewer people see it in the first place. We help you determine which combination of legal actions best serves your personal goals.

What is a Certificate of Second Chance?

If we are successful in obtaining a set aside for you, you may also qualify for a Certificate of Second Chance. We view this as an essential supplementary protection for your career and housing stability. This certificate provides specific legal shields for third parties who interact with you.

For example, a Certificate of Second Chance protects employers from “negligent hiring” lawsuits if they choose to hire you. It limits the ability of occupational licensing boards to deny you a professional license based solely on your past conviction.

For many misdemeanors, we can obtain this certificate at the same time as the set aside. For felonies, there may be a waiting period of two to five years after you complete your sentence. We track these timelines to ensure you receive every protection available under the law.

Why is professional representation important for this process?

The “discretionary” nature of the set aside means that the quality of your application matters immensely. If a judge denies your request, it can be very difficult to change their mind later. We know how to gather the necessary evidence of rehabilitation and how to tell your story in a way that resonates with the court.

We handle the complexities of the filing process, including the mandatory victim notification requirements that are often difficult for individuals to manage on their own. We draft persuasive motions that address the legal criteria the judge is looking for, ensuring that your application is not just a form, but a compelling argument for your future. We focus on the details so that you can focus on moving forward with your life.

Reclaim Your Future Today

A criminal record should not be a permanent barrier to your success. We are dedicated to helping people move past their history and secure the opportunities they deserve. We know the Arizona court system and the requirements of ARS 13-905, and we are ready to put that experience to work for you.

Your past does not have to define your future.

Hire Future First Criminal Law today to begin your set aside application and take the first step toward a clean slate.

Frequently Asked Questions

Can I set aside a DUI in Arizona?

Yes, we can typically help you set aside a DUI conviction, whether it is a misdemeanor or a felony. You must first ensure that all court requirements are met, including the completion of any required alcohol screenings, classes, and the payment of all court-ordered fines.

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

A set aside does not delete the entry from a background check, but it fundamentally changes what an employer sees. Instead of seeing an active conviction, they will see that the judgment was vacated and the case was dismissed, but the conviction remains part of your record. This distinction is often the difference between getting a job and being passed over.

How long does the set aside process take?

The timeline generally depends on the specific court and county, but we typically tell our clients to expect a window of three to four months. This time allows for the court to process the paperwork, notify the state and any victims, and allow the judge to make a final ruling.

Do I have to go to court for a set aside?

In most cases, a personal appearance is not required. The judge usually makes a decision based on the written application and the evidence we provide. However, if there is an objection from the prosecutor or a victim, a hearing may be scheduled. If that happens, we are there to represent your interests.