When someone finishes serving their sentence, they deserve the chance to move forward. But long after the courtroom doors close, a criminal record can continue to create barriers—especially when it comes to employment, housing, or even basic opportunities like getting a professional license. In Arizona, a Set Aside may offer a valuable path toward clearing the slate. It’s not the same as an expungement or record sealing, but it can still make a real difference. Understanding how the Set Aside compares to other post-conviction relief options, particularly sealing records, is essential for anyone trying to rebuild their life.
We work with individuals across Arizona who are ready to put their past behind them. We guide people through the legal process, explaining the differences between each option, including when sealing records may be the better solution. Each person’s case is unique—so are the benefits and limitations of each type of relief.
Comparing the Arizona Set Aside with Sealing Records
In Arizona, a conviction can be set aside once a person has completed all the terms of their sentence, including probation, jail time, and any financial obligations. When the court grants a Set Aside, it updates the record to reflect that the judgment of guilt has been “set aside,” and the charges are dismissed. This is still visible to the public, but it includes a note showing that the sentence was completed and the case has been favorably resolved.
Sealing records, on the other hand, provides a more protective remedy. Under Arizona law, eligible individuals can petition to have their criminal record sealed, which means it’s no longer accessible to the public—including most employers, landlords, and even some licensing agencies. This is a key distinction. While a Set Aside helps demonstrate rehabilitation, sealing records shields the past from scrutiny entirely.
Certain offenses—such as murder, sex crimes, and some violent crimes—may not be eligible for sealing, but they might still qualify for a Set Aside. That’s why it’s important to review each option with a criminal defense attorney who understands how these statutes apply under current Arizona law.
Who Benefits Most from Each Option?
People with misdemeanor convictions, lower-level felonies, or those who completed a diversion program may find success with either a Set Aside or a petition to seal records. For example, someone arrested for domestic violence but later acquitted might qualify for record sealing and finally remove that arrest from public view. Others with a prior driving under the influence conviction may be better suited to a Set Aside, especially if they’re not eligible for sealing under statute.
Set Asides are also beneficial for those facing repeated discrimination from employers or landlords—provided the case resulted in a conviction, not a deferred sentence or diversion. While sealing might offer more complete privacy, the Set Aside’s public record still sends a strong signal: the individual fulfilled their legal obligations and earned legal relief through the court.
Making the Right Choice in Arizona’s Criminal Justice System
There’s no one-size-fits-all solution. Arizona’s penal code includes several forms of post-conviction relief—each with different waiting periods, eligibility rules, and long-term effects. For example, expungement is extremely limited in Arizona. And while a pardon may sound ideal, it’s rarely granted and has a lengthy review process.
That’s why we start every case by looking at the full criminal history, the court’s jurisdiction, whether the conviction was a felony or misdemeanor, and whether any portion of the sentence—like restitution or parole—remains outstanding. We also look at the specific needs of the individual: Is the goal better employment? Or securing a professional license that’s otherwise barred by a past conviction?
The more we know about the case, the better we can advise whether to move forward with a Set Aside, sealing records, or both. And yes—it’s possible to file for both in some situations, depending on the case history.
Start the Petition Process with Guidance You Can Trust
Whether you’re navigating the aftermath of a theft conviction, trying to clear a juvenile court record, or recovering from an arrest that never led to a conviction, Arizona’s evolving laws offer real chances to move forward.
We’re here to make the process straightforward. If you’re unsure whether you’re eligible or what the benefits might look like in your situation, we encourage you to start your sealing records petition here. We’ll review your case, explain your legal options, and help you decide which path offers the most protection—and the most opportunity.
