What Does a Set Aside Actually Do in Arizona?

Can you ever truly move past a conviction?

We see how a criminal record functions as a “silent life sentence.” Even after you have served your time, paid your fines, and finished probation, that record follows you. It shows up on every background check for a new job, every application for an apartment, and every attempt to better your life through professional licensing. Your past should not be the only thing people see when they look at you.

In Arizona, we don’t have a traditional “expungement” that erases a record entirely (except for specific instances related to marijuana). Instead, we use a process called a Set Aside. This is a powerful legal tool that can change the trajectory of your life, but it is often misunderstood. We want to clarify exactly what this process does, how it affects your rights, and why we believe it is the most important step you can take for your future.

What is the legal foundation of a Set Aside?

We look to Arizona Revised Statutes § 13-905 to define this process. When we file for a set aside on your behalf, we are asking the court to vacate the judgment of guilt. If the judge grants the request, they sign an order that officially dismisses the accusations against you. This means that, legally,the judgment of guilt has been set aside, but the conviction still exists on your record.

While the record of the arrest and the initial court case still exists in the public database, the final status is updated. Instead of seeing a “Guilty” verdict, anyone looking at your record will see that the case was “Set Aside.” This is a formal, state-sanctioned acknowledgement that you have fulfilled your obligations to society and that the court has seen fit to recognize your rehabilitation.

How does a Set Aside impact your daily life?

We know that the most significant barrier a record creates is the “guilty” label. By changing that label, we help you remove the stigma of a permanent conviction. When an employer or a landlord pulls your background check, the first thing they see is the final disposition of the case. Seeing a “Dismissed” status signals that you have successfully navigated the legal system and have been rehabilitated in the eyes of the law.

Beyond the appearance of your record, a set aside releases you from many of the “penalties and disabilities” that come with a conviction. These are the secondary consequences that often feel like they never end. We focus on securing this relief so you can apply for jobs with renewed confidence and pursue opportunities that were previously out of reach because of a background check policy.

What is the Certificate of Second Chance?

We often pursue a Certificate of Second Chance as part of the set aside process. This is a relatively new addition to Arizona law that provides an extra layer of protection for you and the people who want to hire you. This certificate is specifically designed to encourage employers and landlords to look past your history.

The certificate provides a form of immunity for third parties. It protects an employer from being sued for “negligent hiring” based solely on your past conviction. By removing the legal risk for the employer, we make it much easier for them to say “yes” to your application. We view this certificate as a bridge between your past and a stable professional future.

Does a Set Aside restore your civil rights?

One of the most frequent reasons people contact us is to regain their rights. A felony conviction in Arizona strips you of several fundamental rights, including the right to vote, the right to serve on a jury, and the right to possess a firearm. Some rights may be restored automatically or through a separate application, depending on your case.

In many instances, the court can restore your right to vote and serve on a jury at the same time the set aside is granted. The restoration of firearm rights is often more complex and depends on the specific nature of the original charge. We carefully review your history to determine the best path forward for getting these rights back, ensuring that every legal requirement is met so your petition has the best possible chance of being granted.

Who is eligible to clear their record?

We generally find that most people are eligible for a set aside once they have completed every part of their sentence. This includes finishing any term of imprisonment, completing probation, and paying all court-ordered costs. If you still owe money for restitution or fines, the court will likely deny the application, which is why we ensure all financial obligations are satisfied before we move forward.

There are certain offenses that we cannot set aside under current Arizona law. These include dangerous offenses involving serious physical injury or the use of a deadly weapon, crimes involving a “sexual motivation” finding, and certain offenses committed against minors. We provide a clear assessment of your eligibility so you know exactly where you stand before we begin the legal process.

Why is the court’s discretion important?

A set aside is not an automatic right; it is a request made to the court’s discretion. This means a judge will look at your behavior since the conviction, the time that has passed, and your overall character. We do not simply file paperwork. We build a narrative that demonstrates your rehabilitation.

We highlight your employment history, your family commitments, and your community involvement. By presenting a complete picture of who you are today, we give the judge a reason to grant the dismissal. We understand what judges are looking for in these petitions, and we use that knowledge to advocate for your second chance.

What are the limits of an Arizona Set Aside?

We believe in being transparent about what this process can and cannot do. A set aside does not “erase” the record like it never happened. If you are ever charged with a new crime, the prior conviction can still be used against you as a “prior” to increase your sentence. Additionally, law enforcement and certain state agencies will always be able to see the full history.

However, for the vast majority of people, the goal is to satisfy private background checks and restore civil rights. For those purposes, a set aside is the most effective tool available in Arizona. It updates the record to show the judgment was set aside and the case dismissed, which is a massive distinction in the professional world.

How do we handle the process for you?

We take the stress out of the legal system by managing every step of the set aside process. We start by researching your case to ensure all conditions of your sentence have been met. We then draft a compelling motion that explains to the court why you deserve this relief, focusing on your post-conviction achievements and your current contributions to society.

Once the motion is filed, we handle all communications with the prosecutor’s office and the court. If a hearing is required, we represent you in front of the judge to argue in favor of your dismissal. We stay by your side until the court issues a final order, and we ensure you receive a copy of the official document that you can show to future employers.

Why choose to work with us?

We are dedicated to helping people reclaim their lives. We know that a criminal record can feel like a shadow, and we are committed to helping you step out from under it. We offer flat-fee pricing so you know exactly what to expect, and we provide clear, compassionate communication throughout the entire process.

Your future is worth the investment. We have seen firsthand how a set aside can open doors that have been closed for years. If you are ready to put your past behind you and secure a formal dismissal of your charges, we are ready to work for you.

Hire us today to start the process of setting aside your Arizona conviction.

Frequently Asked Questions

Does a set aside mean I no longer have a criminal record?

No, the record is not deleted or hidden. It remains a public record, but the status is changed. Instead of showing a conviction, it will show that the judgment was vacated and the charges were dismissed by the court. This is the highest level of relief available for most Arizona convictions.

Can I tell employers I was not convicted after a set aside?

Because the court vacates the judgment and dismisses the case, you have a strong legal argument that the case has been officially set aside and dismissed, but the conviction still exists on your record. However, we often suggest explaining that you had a past matter that has been officially set aside and dismissed by a judge. This demonstrates both honesty and the fact that the state has cleared your name.

How long do I have to wait to apply for a set aside?

In most cases, you can apply as soon as you have completed all terms of your sentence. This includes finishing probation and paying all fines. There is no mandatory “waiting period” after your sentence ends, though showing a period of law-abiding behavior can help your case.

What happens if the prosecutor objects to my set aside?

The prosecutor has the right to object to your petition. If they do, the court will often schedule a hearing. We attend these hearings to argue against the prosecutor’s objections and present evidence of why you deserve to have your conviction set aside.

Will a set aside help me get a professional license?

Yes, it can be very helpful. Many licensing boards in Arizona, such as those for nursing, real estate, or contracting, look more favorably on applicants whose convictions have been set aside. It serves as evidence of “good moral character” and rehabilitation.