Does a Set Aside Restore Gun Rights in Arizona?

Understanding Your Path to Rights Restoration

If you have a past conviction in Arizona, you likely understand the weight of losing your civil liberties. One of the most significant losses is the right to possess a firearm. We hear from people every day who want to know if they can ever legally own a gun again. In Arizona, the primary path to making this happen is through a process called a “Set Aside.”

While many states use the term “expungement,” Arizona law functions differently. We use a Set Aside to help you move forward. We believe that a mistake from years ago should not permanently strip you of your constitutional rights if you have done the work to rehabilitate your life.

What is an Arizona Set Aside exactly?

A Set Aside is a legal process governed by A.R.S. § 13-905. When we successfully petition the court for a Set Aside, the judge vacates the judgment of guilt and dismisses the original complaint. This means your record will no longer show a “conviction” in the traditional sense; instead, it will show that the case was set aside and dismissed by the court.

This process is intended to provide a “Certificate of Second Chance.” It serves as formal recognition from the State of Arizona that you have fulfilled your obligations to society. We use this tool to reduce many of the legal consequences that come with a criminal record. Restoration of firearm rights must be specifically requested and approved by the court and is not automatic.

Does a Set Aside automatically restore my gun rights?

We want to be very clear: the restoration of firearm rights is not an automatic part of a Set Aside. When we file your application, we must explicitly ask the judge to restore your firearm rights as part of the order. The law gives judges a great deal of discretion. A judge can choose to set aside your conviction but still deny the restoration of your gun rights if they believe it poses a risk to public safety.

Because this is not a guarantee, we focus on presenting a strong case that proves you are a responsible, law-abiding citizen. We work to show the court that you have remained out of trouble and have a legitimate reason for wanting your rights back, whether for home defense, hunting, or professional requirements.

Am I eligible to apply for a Set Aside?

Eligibility depends on several factors related to your specific case. Generally, we can help you apply if you have successfully completed all aspects of your sentence. This includes finishing your term of probation or your prison sentence and receiving an absolute discharge.

Financial obligations are also a major factor. The court will rarely grant a Set Aside if you still owe money on your case. This includes all court fines, administrative fees, and victim restitution. If you have any outstanding balances, we recommend paying those in full before we begin the filing process to ensure the highest chance of success.

Which crimes are excluded from a Set Aside?

Not every conviction can be set aside in Arizona. We cannot assist with Set Asides for “dangerous offenses,” which usually involve the use of a deadly weapon or the infliction of serious physical injury. Additionally, crimes involving a minor under the age of 15 or certain sexual offenses are ineligible for this specific relief.

If your conviction falls into one of these categories, the law currently prevents a judge from setting it aside. However, for the vast majority of non-violent felonies and misdemeanors, we can successfully move forward with an application to restore your rights.

How long must I wait after a felony conviction?

The waiting period depends on the nature of the crime. For most standard felonies, we can apply as soon as you are discharged from probation or prison. However, Arizona law identifies certain “serious offenses” that require a longer waiting period. If your conviction is classified as a serious offense under A.R.S. § 13-706, you must wait ten years from the date of your absolute discharge before we can petition to restore your firearm rights.

We review your specific court documents to determine which timeline applies to you. We want to ensure we file at the right moment so your application is not rejected for being premature.

What does it mean to be a prohibited possessor?

If you have a felony conviction on your record, you are legally considered a “prohibited possessor” under Arizona law. This status means you cannot own, carry, or even be in the same location as a firearm if it is within your reach. Being caught with a gun while you are a prohibited possessor can lead to new, serious felony charges.

If the court restores your firearm rights as part of the process, this can lift this status. Once the judge signs the order restoring your firearm rights, you are no longer a prohibited possessor under state law. This is one of the primary ways for a person with a past felony conviction to seek restoration of their Second Amendment rights in Arizona.

Is a Set Aside the same as sealing my record?

We often have to explain the difference between these two processes. Sealing a record under A.R.S. § 13-911 hides the record from the general public, such as employers and landlords. While sealing is excellent for privacy, it does not restore your gun rights.

A Set Aside is the process that actually changes the legal status of the conviction and restores your civil liberties. We often recommend doing both. By applying for a Set Aside and a Sealing order at the same time, we help you achieve the maximum level of freedom and privacy allowed by Arizona law.

Does an Arizona order work for federal background checks?

This is a complex area of the law. While an Arizona judge has the power to restore your rights within the state, the federal government (FBI and ATF) maintains its own database. The FBI’s National Instant Criminal Background Check System (NICS) does not always update immediately when a state judge signs an order.

Once we obtain your court order, we recommend that you keep a certified copy of the signed document. We also suggest that you look into updating your record directly with the FBI. While we handle the Arizona state court process, ensuring the federal government recognizes your restored rights is a final, separate step in the journey.

Why should you avoid filing for a Set Aside on your own?

The court system is notoriously difficult to navigate. If you file the paperwork yourself and make a mistake, or if you fail to provide enough evidence of your rehabilitation, the judge may deny your request. A denial can set you back significantly, and it is much harder to change a judge’s mind once they have already said “no.”

We handle every detail of the petition. We don’t just submit a form; we compile a comprehensive package that demonstrates why you deserve a second chance. We gather the necessary court records, verify that all fines are paid, and structure the legal arguments to meet the specific requirements that Arizona judges look for when restoring firearm rights.

What is the cost and timeline for this process?

We believe in straightforward, flat-fee pricing. We charge $1,700 for a Set Aside, which includes the research, drafting, and filing of your petition. There are no hidden fees or surprise costs for court appearances. We want you to feel confident that your investment is going toward a team that knows how to get results.

In terms of timing, we usually have your application drafted and ready to file within 30 days of receiving your information. Once it is filed, the court typically takes a minimum of 90 days to issue a response. Some courts are faster than others, but we keep you updated throughout the entire wait so you are never left wondering about the status of your rights.

Will you have to appear in front of a judge?

One of the benefits of working with us is that you rarely have to step foot in a courtroom. Most Set Aside and gun rights restoration cases are decided based on the written motions we submit. If the judge does require a hearing, which occasionally happens if the prosecutor objects, we attend that hearing on your behalf. You are always welcome to attend, but we take the lead in presenting the case to the court.

How do multiple cases affect the process?

If you have more than one conviction, the law requires a separate application for each case number. There is no single application that covers your entire criminal history. We review all of your past cases to determine which ones are eligible for a Set Aside and which ones might be preventing you from regaining your rights. If you have multiple cases, we offer discounts for handling them all at once, as we want to make the process as affordable as possible.

What happens if the court denies the application?

If a judge denies our request, we don’t stop there. We look at the reason for the denial. If it was denied because of a technicality or a specific concern from the judge, we can often address that issue and file a new motion or a request for reconsideration. In some cases, if a Set Aside is denied, we can still successfully apply to seal the records, which provides a different set of benefits. We stay with you until we have exhausted every possible legal avenue.

Conclusion: Reclaim Your Future Today

Living with a criminal record feels like living with a shadow over your life. It limits your opportunities and takes away your fundamental rights as an American citizen. But the law in Arizona provides a way out. We have helped hundreds of people move past their mistakes and regain their firearm rights each year, and we are ready to do the same for you.

You have done the work to change your life; now it is time for your legal record to reflect that change. Don’t wait another day to start the process of becoming a whole citizen again.

Hire Future First Criminal Law today to restore your rights and put your past behind you.

Frequently Asked Questions

Does an Arizona Set Aside hide my record from employers?

No, a Set Aside does not hide the record; it changes the status to “Set Aside.” If you want to hide the record from the public, you should ask us about Sealing your records under A.R.S. § 13-911.

Can I get my gun rights back for a domestic violence conviction?

Domestic violence convictions are tricky because federal law often permanently prohibits firearm possession for these offenses. However, federal law allows firearm possession after a Set Aside, so these cases require careful legal review. We evaluate these on a case-by-case basis.

What if I moved out of Arizona?

As long as the conviction happened in an Arizona court, we can help you. You do not need to live in the state to have your Arizona record set aside or your rights restored.

Will a Set Aside help me get a Fingerprint Clearance Card?

Yes. Having a conviction set aside and dismissed is a strong piece of evidence to show the Department of Public Safety (DPS) that you are rehabilitated, which significantly improves your chances of obtaining or keeping a Fingerprint Clearance Card.

Can I possess a gun while my application is pending?

No. You remain a prohibited possessor until the judge signs the order and it is officially entered into the court record. Do not possess a firearm until we provide you with the signed order.