Can You Set Aside a Conviction to Restore Your Rights in Arizona?

TLDR: Reclaim Your Future

A criminal conviction doesn’t have to be a permanent barrier to your freedom. Under Arizona law A.R.S. § 13-905, we work to have your judgment of guilt vacated and your charges dismissed through a process called a “Set Aside.” This legal mechanism can be an important step toward restoring certain civil liberties, including your right to vote and, in some cases, your right to possess a firearm, depending on eligibility. We handle the complex petitions and court hearings required to clear your path and secure a Certificate of Second Chance. Don’t let your past dictate your potential—take the definitive step to restore your rights today.

Ready for a fresh start? Hire Future First Criminal Law today.

Understanding the Arizona Set Aside Process

Mistakes from the past should not have to define the rest of your life. If you have been convicted of a crime in Arizona, you likely feel the weight of that record every day. Beyond the initial sentence, a conviction strips away your most basic liberties, from your voice in the voting booth to your ability to protect your family. We understand the frustration of being held back by a past version of yourself.

Arizona law provides a specific path forward. While the state does not offer traditional “expungement” that erases a record for most crimes, we utilize a process called a Set Aside. Under Arizona Revised Statute § 13-905, we petition the court to vacate your judgment of guilt. While a set aside does not erase the conviction from your record, it provides formal court recognition of rehabilitation. This guide explains how we navigate the legal system to help you reclaim your life.

Ready to move forward? Hire Future First Criminal Law today.

What does it mean to set aside a conviction in Arizona?

A Set Aside is a statutory form of post-conviction relief available in Arizona. When a judge grants a set aside, the court vacates the judgment of guilt and dismisses the original complaint or indictment. This does not mean the record disappears, but it permanently changes the disposition of the case.

If an employer or landlord runs a background check, the conviction will still appear, but it will be accompanied by a notation indicating that the judgment was set aside and the charges were dismissed. This reflects that you completed all court-imposed obligations and that the court granted relief. It is a powerful tool for demonstrating rehabilitation.

Which civil rights are lost after a felony conviction?

In Arizona, a felony conviction results in the loss of several fundamental rights. These include the right to vote in local, state, and federal elections, the right to serve on a jury, and the right to hold public office or positions of public trust.

You also lose the right to possess or carry a firearm and are classified as a prohibited possessor under state and federal law. Losing these rights can make it difficult to fully participate in civic life. We work to address these consequences where restoration is legally permitted.

How does a set aside restore your civil rights?

The relationship between a set aside and civil rights restoration depends on your criminal history. For many first-time felony offenders, civil rights such as voting, jury service, and holding public office are restored automatically upon absolute discharge from probation or prison and payment of all restitution, provided the offense was not classified as a serious offense.

Even when rights are automatically restored, obtaining a set aside is beneficial because it provides a court order confirming your legal status. For individuals with two or more felony convictions, restoration of civil rights is never automatic and requires a petition to the court. A set aside is often used as the procedural vehicle to request this relief, allowing the court to evaluate rehabilitation and conduct since the conviction.

Can a set aside restore your firearm rights?

Firearm rights are subject to stricter rules than other civil rights and are never restored automatically. If a set aside is granted, firearm rights may be restored only if the conviction is legally eligible under Arizona law.

If the offense is classified as a serious offense, a ten-year waiting period generally applies after absolute discharge before firearm restoration may be requested. If the offense is classified as dangerous, firearm rights are typically not eligible for restoration. We carefully review sentencing classifications and statutory restrictions before advising clients on firearm possession.

What is a Certificate of Second Chance?

A Certificate of Second Chance is a statutory benefit that may be requested in conjunction with a set aside. It provides liability protections for employers and landlords who rely on the certificate when making decisions.

The certificate also limits the ability of state licensing agencies to deny a professional license based solely on a conviction that has been set aside, although agencies may still consider underlying conduct where authorized by law. We pursue this certificate to help ensure that court-ordered relief results in meaningful opportunities.

Who is eligible for a set aside in Arizona?

Eligibility depends on statutory criteria. Generally, you must have completed all jail or prison time, successfully finished probation, and paid all fines, fees, and victim restitution in full.

Certain offenses are excluded from set-aside eligibility, including dangerous offenses, offenses involving serious physical injury, offenses involving a deadly weapon or dangerous instrument, crimes involving a victim under the age of 15, most sexual offenses, and offenses requiring sex offender registration.

What factors does a judge consider?

The decision to grant a set aside is discretionary. Judges consider the nature and circumstances of the offense, compliance with court orders, prior criminal history, the amount of time that has passed since sentence completion, and any input from victims. We focus on presenting evidence of rehabilitation, stability, and positive conduct since the conviction.

Why should you hire Future First Criminal Law for your set aside?

While individuals may file petitions on their own, the process is technical and discretionary. A denial can complicate future attempts. We handle eligibility analysis, drafting, filing, communication with the prosecutor, and court representation when hearings are required. Our goal is to present a thorough and compelling petition that gives the court confidence in granting relief.

Conclusion: Reclaiming Your Future Starts Today

A criminal conviction can continue to impact your life long after your sentence is complete. The Arizona set-aside process provides a path forward by vacating the judgment of guilt and formally recognizing rehabilitation. While it does not erase the past or guarantee restoration of every right, it can significantly reduce legal and practical barriers.

With the right legal support, you can move forward with confidence. Hire Future First Criminal Law today.

Frequently Asked Questions (FAQ)

Does a set aside clear my record for a background check?

No. The record remains visible, but it reflects that the judgment of guilt was vacated and the charges were dismissed.

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

For most misdemeanors and many first-time felony convictions, you may apply after receiving an absolute discharge. Waiting periods may apply for restoration of certain rights rather than for the set aside itself.

Will a set aside automatically give me my gun rights back?

No. Firearm restoration is never automatic and depends on offense classification and statutory eligibility.

What is the difference between a set aside and expungement?

Expungement generally means a record is sealed or destroyed. In Arizona, expungement is limited primarily to certain marijuana-related offenses. A set aside leaves the record public but changes the legal disposition.

Can I set aside a DUI in Arizona?

Yes, most DUI convictions are eligible for a set aside once all terms of the sentence have been completed.