What Does It Mean to Set Aside a Conviction in Arizona?

What Does It Mean to Set Aside a Conviction in Arizona?

If you have a criminal record in Arizona, you likely feel the weight of it every time you apply for a job or a new apartment. The term “set aside” is frequently mentioned in legal circles, but for many people, the actual meaning remains a mystery. We understand how frustrating it is to feel like you are still being punished for a mistake you already paid for.

In Arizona, we do not have a traditional “expungement” that wipes a record clean for most crimes. Instead, we use the set-aside process. This is a powerful tool that changes the legal status of your past. By understanding how this works, you can take the first step toward a future that isn’t dictated by your past.

A Quick Look at Setting Aside Your Conviction

In Arizona, setting aside a conviction means the court vacates your judgment of guilt and dismisses the underlying charges. While it does not erase the record entirely, it updates your history to show “Set Aside” which significantly improves your chances for gun possession, employment, housing, and more. We take the burden of the legal paperwork off your shoulders to ensure your petition is presented effectively to the judge. 

If you’re ready to move past your history, hire Future FirstCriminal Law to start your application today.

What is the legal definition of a “Set Aside” in Arizona?

Under Arizona law, specifically A.R.S. § 13-905, setting aside a conviction is the process of having a judge set aside your judgment of guilt. When we file an application to Set Aside a conviction for you, we are asking the court to officially set aside the charges against you.

Once granted, the court order releases you from all penalties and disabilities that resulted from the conviction. The record will still exist, but anyone looking at it will see that the judge chose to set aside the case because you successfully completed your sentence and demonstrated rehabilitation. This is a significant distinction that tells the world you have made things right.

How is setting aside different from expungement?

It is common to hear the word “expungement” used in movies or in other states, but Arizona handles things differently. Expungement generally refers to the physical destruction or sealing of a record so that it no longer exists in public databases. In Arizona, expungement is currently limited to specific marijuana-related offenses.

For almost all other felonies and misdemeanors, a set aside is the available remedy. While it does not hide the event from your record, it changes the “Guilty” label to “Vacated” or “Set Aside.” This is vital because most employers and landlords use software that flags “Guilty” verdicts. When the status is changed through a set aside, you often pass through those filters successfully.

Why should you bother setting aside your record?

You might wonder if the effort is worth it if the record doesn’t disappear completely. We see the real-world impact of this process every day. A set-aside conviction carries much less “stigma” than an active one. It serves as a judicial seal of approval, proving to a potential employer that the state of Arizona considers your case resolved and set aside.

Beyond employment, this process is often the key to housing. Many property management companies have a blanket “no felony” policy. However, when you can show an order from a judge vacating that felony, you have a much stronger position to appeal that denial. It provides you with a clean slate in the eyes of the law, even if the history is still visible.

Who is eligible to apply for a set aside?

Most people who have completed their sentence are eligible to apply. This includes anyone who has finished their jail or prison time, successfully completed probation, and paid all required fines and restitution. We focus on ensuring our clients meet these criteria before we approach the court.

There are certain crimes that the state considers too serious to be set aside. These include offenses involving the infliction of serious physical injury, dangerous offenses, or felony crimes involving a victim under the age of 15. However, the majority of common offenses, including many drug charges, thefts, and even Agg DUIs, can be set aside once the requirements are met.

What is a Certificate of Second Chance?

Arizona recently introduced a tool called the Certificate of Second Chance. This is something we often request alongside a set-aside petition. This certificate provides an extra layer of legal protection for you. It is designed to encourage employers and landlords to give you an opportunity by protecting them from certain types of lawsuits, such as “negligent hiring” claims.

The Certificate of Second Chance is issued automatically with the set-aside order if the offense qualifies. For example, it applies to misdemeanors, Class 4–6 felonies after 2 years, and Class 2–3 felonies after 5 years post-sentence completion.

For those in professional fields, this certificate can be life-changing. It tells professional licensing boards that you have been rehabilitated. 

How do you start the process?

The process begins with a formal petition to the court where you were originally sentenced. This is not a simple form you just sign and turn in; it is a legal argument. We prepare these petitions by highlighting your accomplishments since the conviction, your work history, and your community involvement.

Once the petition is filed, the prosecutor and the victim are given notice and an opportunity to object. If there is an objection, we represent you in court to argue why you deserve a fresh start. A judge will then weigh several factors, including the nature of the original offense and your behavior since that time, before making a final ruling.

Does a set aside restore your civil rights?

One of the most important reasons to pursue this path is the restoration of your rights. A felony conviction takes away your right to vote, serve on a jury, and possess a firearm. We help our clients navigate felony convictions and civil rights restoration as part of the set-aside process.

In many cases, the set-aside order will include the restoration of these rights if it is the person’s first felony conviction and it is not classified as a dangerous or serious offense. However, firearm rights often require a specific waiting period and a separate legal argument depending on the class of the felony. We ensure that every right you are eligible to get back is included in our request to the court.

Conclusion: Putting your future first

Understanding the meaning of setting aside a conviction is the first step toward regaining control of your life. It is not just about legal terminology; it is about removing the barriers that keep you from better jobs, better housing, and the full restoration of your rights as a citizen. We believe that everyone deserves a second chance, and the Arizona legislature has provided a specific path to achieve it through A.R.S. § 13-905.

The process is technical, and the stakes are high, but you do not have to do it alone. We handle the complexities of the court system so you can focus on your life. 

If you are tired of being defined by a past version of yourself, hire Future First Criminal Law today to start the process of setting aside your conviction.

Frequently Asked Questions (FAQ)

How long does it take to get a set aside in Arizona?

The timeframe varies by county, but it generally takes between 3 to 4 months. This allows time for the court to process the paperwork, the prosecutor to review the request, and the judge to issue a final signed order.

Will a set aside clear my driving record?

A set aside changes the status of a criminal conviction (like a DUI) in the court system, but it does not remove points or records from your MVD driving history. It also does not affect commercial driver’s license (CDL) records. These are two separate systems managed by different government agencies.

Can I set aside more than one conviction?

Yes. You can file petitions for multiple convictions, even if they happened at different times or in different courts. We help clients clean up their entire history by filing the necessary paperwork in each jurisdiction.

What happens if the prosecutor objects to my set aside?

If a prosecutor objects, the judge will usually schedule a hearing. This is where we present evidence of your rehabilitation and argue that granting the set aside is in the best interest of justice. An objection does not mean your request will be denied; it just means we have to work harder to prove your case.

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

In many cases, the judge will rule on the written petition without requiring you to appear in person. However, if a hearing is scheduled, we represent you. In some instances, we can even appear on your behalf so you don’t have to miss work.