For many people with a criminal conviction in Arizona, the idea of clearing their record brings hope for a fresh start with better job opportunities, more stable housing, and a chance to move forward without the constant weight of the past. One common legal option for post-conviction relief in Arizona is a “Set Aside” under A.R.S. § 13-905. But a question we often hear is this: does a Set Aside remove your name from the Arizona Department of Public Safety (DPS) criminal database?
Let’s walk through what a Set Aside does and, just as importantly, what it doesn’t do.
What a Set Aside Actually Means in Arizona
A Set Aside is a legal remedy that essentially “undoes” a conviction in terms of guilt. Once the court grants a Set Aside, the judgment of guilt is set aside, and the person is released from all penalties and disabilities resulting from the conviction. In plain terms, you are no longer legally considered guilty of that crime. This has important real-life benefits.
Employers, landlords, and licensing boards often ask whether a person has been convicted of a crime. After a Set Aside is granted, you do not have to disclose the conviction in most cases. If someone finds the record, you can show them the court’s signed order stating that your conviction has been officially set aside, something that carries significant weight and can shift the way your history is viewed.
The Role of DPS in Updating Criminal Records
After a Set Aside is granted, the court notifies the Arizona Department of Public Safety (DPS). DPS is the agency responsible for maintaining Arizona’s criminal history records. Once notified, DPS is required to update your background record to reflect that the conviction has been set aside.
But here’s where it’s important to clarify the limitations.
A Set Aside does not remove your name or case from the DPS system. The record still exists but it now shows a final note indicating the conviction was set aside. This distinction matters. If someone runs a criminal background check through DPS or a government agency, they will still see that there was a conviction, but they will also see that the court set it aside.
This can be especially useful when applying for jobs, housing, or professional licenses. While the record isn’t erased, the fact that it’s been legally set aside sends a powerful message: a judge recognizes that you’ve completed all your sentence requirements and earned a second chance. This also helps protect the employer from being sued as now the employer can say that this must be a good person since a judge Set Aside their record as opposed to the employer having to explain why they hired someone with a criminal conviction.
The Difference Between a Set Aside and Sealing a Record
It’s easy to confuse a Set Aside with sealing a criminal record, but these are very different tools under Arizona law. A Set Aside updates the record with a court order stating the conviction has been set aside, but the record remains publicly accessible through background checks.
Sealing a record, under A.R.S. § 13-911, is a separate process with a different goal. If approved, sealing makes the record invisible to the general public, as if the arrest or conviction never happened. While certain government agencies can still access sealed records for specific job-related purposes, the public (including most employers and landlords) cannot.
We often recommend pursuing a Set Aside first, especially since it can strengthen your chances of getting your record sealed later on. In fact, having a Set Aside already in place can make the sealing process smoother and faster.
When a Set Aside Helps and When It Might Not
There are many situations where a Set Aside makes a real difference:
- You no longer have to disclose the conviction in most applications.
- You gain official proof from the court showing you’ve met all obligations and been granted post-conviction relief.
- You may be able to restore your gun rights if they were lost.
- It can help you become eligible for Arizona’s Certificate of Second Chance, which provides additional protection for employers who hire people with a record.
However, there are also limitations:
- A Set Aside does not remove the record from the DPS database.
- It does not delete your court file or remove the case from the internet.
- It does not help with Motor Vehicle Division (MVD) or Commercial Driver License (CDL) penalties.
- It does not guarantee that private background check companies have updated their records, though most eventually do.
What Happens After the Set Aside Is Approved?
Once the court signs the Set Aside order, it’s submitted to DPS for processing. DPS updates its system to reflect that the conviction has been set aside. This includes the Arizona criminal history report that’s used for state background checks. However, it may take time, weeks or even months, for the update to appear across all systems.
If you want to verify that your DPS record has been updated, you can request a copy of your personal criminal history. This requires fingerprinting and submitting a request through the DPS portal.
Keep in mind that background check companies that previously accessed your record may have stored old information. Unfortunately, a Set Aside won’t automatically remove those outdated files. But having your court order can help you submit corrections or disputes to those services directly.
The Bottom Line
So, does a Set Aside remove your name from the Arizona DPS criminal database? No, it doesn’t remove your name or erase the record entirely. But it does change the legal status of your conviction and requires DPS to reflect that change in its official records. For many, that’s a major step toward clearing the path to better opportunities.
If your goal is to truly hide the record from public view, sealing might be the better option down the line. But for many people, starting with a Set Aside is the fastest and most accessible way to get real relief.
We understand how important it is to move forward with confidence, and we’re here to help you find the right path. Whether you’re looking to apply for a Set Aside, seal your record, or just want to explore your options, taking that first step can make all the difference.
Zachary Divelbiss, Lawyer
Future First Criminal Law
Future First Criminal Law
