Does a Set Aside Remove a Felony Conviction in Arizona?

In Arizona, many people seeking post-conviction relief hope to clear their record of a felony conviction. While a set aside under state law can offer meaningful relief, it does not remove or erase the conviction from a person’s record. The felony remains visible in criminal history databases, court documents, and most background checks—even after a court grants a set aside.

Understanding the distinction between setting aside a conviction and removing it is essential for anyone pursuing felony relief in Arizona.

Arizona Set Aside Felony: What the Record Shows

When a felony conviction is set aside, Arizona courts update the record to show that the conviction has been vacated. However, the original case remains part of the public record. Anyone who accesses court documents or conducts a criminal background check will still see that the case occurred.

This can be frustrating for individuals who have completed all sentencing requirements and are seeking a clean slate. A set aside acknowledges rehabilitation and successful compliance with the court’s orders, but it does not eliminate the historical record of the case.

Employers, landlords, and licensing agencies may still consider the conviction, even if it has been set aside. While the court’s acknowledgment can improve perceptions, it does not prevent the record from being seen or used.

Set Aside vs Remove Conviction: Legal and Practical Differences

In legal terms, a set aside under A.R.S. § 13-905 modifies the status of a conviction but does not erase it. This is significantly different from removing or sealing a record, which restricts access altogether.

Arizona law allows certain individuals to petition for record sealing under A.R.S. § 13-911. If granted, sealed records are no longer publicly accessible and, in most cases, the individual can legally state that the conviction or arrest did not occur. However, sealing is limited by offense type and eligibility requirements. Not all felonies qualify, and the process often involves waiting periods and additional legal hurdles.

A set aside, by contrast, is available for a wider range of offenses and is often the only realistic option for felony relief in Arizona. Still, the key difference remains: a set aside changes the record; sealing removes it.

Felony Relief in Arizona: Scope and Limitations

Felony relief in Arizona is not one-size-fits-all. A set aside may restore some civil rights and signal rehabilitation, but it does not:

• Remove the conviction from the person’s criminal history
• Shield the record from public view or background checks
• Expunge or delete any trace of the conviction

The conviction remains visible to law enforcement, prosecutors, and the general public. It can also be used in future court proceedings, such as for sentencing enhancements or credibility assessments.

The legal benefits of a set aside should not be overlooked—it can improve outcomes when applying for firearm rights, jobs, housing, or occupational licenses. Still, it is not a form of erasure or expungement. Understanding these limits helps manage expectations and supports more informed decisions about pursuing relief.

Conclusion: A Set Aside Does Not Erase a Felony Conviction

Setting aside a felony conviction in Arizona provides important recognition of rehabilitation, but it does not remove the conviction from public record. The legal effect is limited to vacating the judgment and dismissing the charges—without sealing or deleting the underlying record.

For individuals seeking privacy or relief from the long-term consequences of a felony, it is important to distinguish between a set aside vs remove conviction. Both remedies serve different purposes under Arizona law. A set aside can provide meaningful progress toward moving forward, but it should not be mistaken for full removal of a felony from one’s criminal history.

Zachary Divelbiss, Lawyer
Future First Criminal Law