The Legal Meaning & How It Works

If you’ve ever wished your criminal record could stop holding you back, you’re not alone. In Arizona, one of the most powerful tools available for people who’ve completed their sentence is called a “set aside.”

Setting aside a conviction doesn’t erase your record, but it does vacate the judgment of guilt and marks the case as dismissed once all penalties have been completed. The law; found under A.R.S. § 13-905, allows the court to set aside convictions for people who have demonstrated rehabilitation and compliance with sentencing terms.

In simple terms:

• Your conviction still appears on record.
• The court adds a note that it has been “set aside.”
• You’re released from legal penalties and disabilities stemming from that conviction.
• Voting and firearm rights are restored.

This distinction is crucial, because although Arizona doesn’t offer full expungement (except for limited marijuana offenses), a set aside can significantly improve your personal and professional opportunities.

Who Qualifies for a Set Aside?

Eligibility Criteria

You may qualify to set aside a conviction if you:

• Successfully completed all terms of your sentence (including probation, restitution, fines, and community service).
• Have not been recently convicted of another offense.
• Did not commit an offense that is specifically excluded by law.

When considering your petition, the court looks at:

• The nature and seriousness of the offense.
• Your compliance with sentencing conditions.
• Your overall behavior since conviction.
• Any victim input or restitution status.
• How much time has passed since completing your sentence.

Offenses That Cannot Be Set Aside

Certain offenses are not eligible under A.R.S. § 13-905, including:

• Crimes involving serious physical injury.
• Offenses requiring sex offender registration.
• Dangerous offenses, including those involving the use or exhibition of a deadly weapon.
• Crimes involving victims under 15 (in felony cases).
• Serious offenses (e.g., arson, armed robbery, etc.) may still qualify, but require a 10-year wait after absolute discharge.

Note: Dismissed charges or diversion cases do not qualify for a set aside but may qualify for record sealing under A.R.S. § 13-911.

If you’re unsure whether your case qualifies, our attorneys can evaluate your eligibility and identify alternative record-clearing options. For example, some individuals may qualify under Arizona’s newer record-sealing laws (A.R.S. § 13-911), you can learn more about that process on our sealing records page.

Benefits of Having Your Conviction Set Aside

Employment and Licensing Advantages

When a conviction is set aside, your court record shows that you’ve met all sentencing requirements and that the court considers you rehabilitated. Many employers, landlords, and licensing boards view this favorably compared to an open or active conviction.

If you’re navigating workplace issues after sealing or setting aside your record, you’ll want to read our in-depth guide on navigating employment discrimination after record sealing.

Restoring Civil Rights

A set aside may restore civil rights, such as:

• The right to vote
• The right to serve on a jury
• The right to hold public office
• The right to possess firearms

Note: First-time felony offenders automatically regain some civil rights upon completing their sentence under A.R.S. § 13-907. If not, the set aside can include rights restoration or even can be used to double check all of your rights are restored.

Personal and Public Record Benefits

Your record will show the conviction was “set aside,” which publicly signals that you fulfilled all legal obligations and have been released from further penalties. This can make a real difference in rental applications, loan approvals, and professional opportunities. This is also very important for federal agencies like the FBI and non-US government agencies for those who want to travel internationally.

The Set Aside Process: Step by Step

1. Gather Documentation

You’ll need to collect all relevant records, case numbers, sentencing documents, proof of probation completion, restitution payments, and compliance with other conditions.

An experienced attorney can handle this part for you to ensure accuracy and completeness.

2. File a Petition with the Court

Your petition is filed in the same court that handled your original conviction. It must include all necessary documentation and a clear explanation of your rehabilitation.

3. Court Review

The judge considers your petition along with:

• The nature of the offense
• Your behavior since sentencing
• Victim statements
• Restitution status
• Time since sentence completion
• Your age at the time of the offense
• Any other mitigating factors

4. Court Decision

If approved, the court issues an order vacating the judgment of guilt and releasing you from legal penalties. Applicable rights may also be restored. Your record is updated to reflect the set aside status.

5. What Changes Afterward

While the conviction remains visible, it removes the “guilty” word and it now carries a positive legal notation that shows the case was “set aside” and that you’ve completed your sentence and demonstrated rehabilitation.

Set Aside vs Record Sealing vs Expungement – What’s the Difference?

Many people confuse these terms, so let’s break down how they differ in Arizona:

Relief Type	What It Does	Public Access	Applicable Law
Set Aside	Vacates judgment of guilt, shows rehabilitation, restores civil and firearm rights	Still visible, but marked as “set aside”	A.R.S. § 13-905
Sealing	Hides record from public view; still visible to law enforcement	Not visible to the public	A.R.S. § 13-911
Expungement	Completely removes record (only for marijuana offenses); restores civil and firearm rights	Not visible	A.R.S. § 36-2862

If you’re not sure which path applies to you, explore our article on understanding expungement eligibility requirements for your record. It is usually strongly recommended to do everything you are eligible for to cover as many bases as possible. Likewise, the order is important because if you do Sealing Records first, that will make it very difficult to later apply for a Set Aside. Specific legal advice and hiring our law firm is very important when it comes to these kind of decisions.

Many clients combine a set aside with record sealing later for maximum privacy and relief.

Why Legal Representation Matters

Setting aside a conviction may seem simple, but mistakes or missing documents can delay or derail your petition. Working with an experienced record-clearing attorney ensures:

• All paperwork and court filings meet legal requirements
• Your petition includes persuasive arguments for rehabilitation
• You understand how a set aside interacts with sealing, expungement, and rights restoration

At Future First Criminal Law, we specialize in post-conviction relief, from set asides to record sealing and expungements. We’ve helped hundreds of Arizonans reclaim their lives and move forward confidently.

Frequently Asked Questions

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

There is no mandatory waiting period, but you must have completed all terms of your sentence, including fines, probation, and classes

Can felonies be set aside in Arizona?

Yes, many felonies are eligible, but serious, dangerous, and sex-related felonies are excluded. Each case depends on the exact charge and outcome.

Does a set aside erase my record?

No. It vacates the judgment of guilt, but the record remains public and marked as “set aside.”

Will a set aside help me get a job?

Yes. Employers often view set asides favorably. It shows accountability and successful rehabilitation. You can often get a Certificate of Second Chance which is specifically to encourage employers to hire you.

What’s the difference between a set aside and sealing?

A set aside marks your record as resolved but still visible.
Sealing makes it invisible to the public, though it remains accessible to law enforcement and government agencies.

Conclusion: Take Control of Your Record and Your Future

Setting aside a conviction doesn’t erase your past, it redefines it. It tells the world you’ve taken responsibility, met every legal requirement, and earned the right to move forward.

At Future First Criminal Law, our mission is simple: to help you reclaim your future with confidence and dignity.

Learn more about your options by visiting our homepage, or explore related topics such as expungement and federal law impacts on record relief.

Zachary Divelbiss, Lawyer
Future First Criminal Law