What Happens When a Case is Set Aside? Your Guide to Arizona ARS 13-905

We understand that the “sentence” handed down in a courtroom often extends far beyond the final day of probation. For many of our clients, a criminal record acts as a “paper prison,” limiting where you can work, where you can live, and how you participate in your community. We believe that once you’ve paid your debt to society, you deserve a meaningful way to signal your rehabilitation to the world.

Arizona law provides a specific mechanism for this called “setting aside” a conviction. While many people use the term “expungement,” Arizona’s process is unique. We have developed this guide to explain exactly what happens during this process and how it changes your legal standing.

The Set-Aside Essentials

We know that a criminal record feels like a permanent weight. In Arizona, a “set-aside” is the legal process of vacating a judgment of guilt and dismissing the charges after you’ve completed your sentence. While the record remains visible, it is updated to show that you fulfilled your obligations and that the court has formally dismissed the case. This process is essential for anyone looking to restore civil rights or improve employment prospects. If you’re ready to clear the path for your future, hire Future First Criminal Law today to manage your application.

What is the legal definition of a “set-aside” in Arizona?

Under Arizona Revised Statute (A.R.S.) § 13-905, a set-aside is a form of post-conviction relief. When we petition the court on your behalf and a judge grants the motion, the court is officially vacating the judgment of guilt and dismissing the original complaint or indictment. This is a powerful legal shift. It means the law no longer views you as “guilty” in the traditional sense.

Unlike states that physically destroy or seal records, Arizona keeps the entry on your record but attaches a formal notation. If a potential employer or landlord runs a background check after a successful set-aside, they will see that the conviction was “Set Aside.” This tells the world that you satisfied every requirement of the court and that a judicial officer deemed it appropriate to vacate your conviction. To better understand this process, you can view our post on an example of a set-aside.

How does a set-aside differ from expungement?

For decades, Arizona did not offer a general expungement law. While recent laws now allows for the sealing of certain records, the set-aside remains the primary tool we use for most felony and misdemeanor convictions. Expungement or sealing generally aims to hide the record from public view entirely. In contrast, a set-aside keeps the record visible but changes its legal status.

We view a set-aside as a “Certificate of Rehabilitation.” It doesn’t pretend the past didn’t happen; instead, it provides a formal, court-ordered statement that you have successfully reintegrated into society. It effectively “forgives” the legal disabilities associated with the conviction without erasing the historical fact of the case.

Who is eligible to have their conviction set aside?

We find that most individuals convicted of a criminal offense in Arizona are eligible to apply, provided they have fully fulfilled the conditions of their sentence. This means you must have finished all jail or prison time and successfully completed every term of your probation.

Furthermore, you must have paid all court-ordered fines, fees, and victim restitution in full. Once you have received a formal discharge from the court or the Department of Corrections, the door opens for us to begin the set-aside process. We work with you to verify these milestones before filing to ensure the strongest possible application.

Which offenses are excluded from being set aside?

While Arizona’s statutes are relatively broad, we must note that certain “serious” or “dangerous” crimes are excluded under A.R.S. § 13-905(P). You cannot set aside convictions involving dangerous offenses that used a deadly weapon or caused serious physical injury. Additionally, offenses requiring sex offender registration or those involving a finding of sexual motivation are ineligible.

Other exclusions include felony offenses where the victim was a minor under the age of 15 and certain driving offenses involving a commercial driver’s license (CDL). We carefully review your specific case history to determine if your charges fall within these categories before moving forward.

What are the immediate benefits of a set-aside?

One of the most significant benefits is the restoration of civil rights. We often assist clients with felony convictions and civil rights restoration, which includes the right to vote, hold public office, and serve on a jury. In many instances, a set-aside also automatically restores your right to possess a firearm, provided the conviction was not for a “serious offense” as defined by law.

How does it affect employment and housing?

We’re frequently asked if a set-aside means you can stop disclosing a conviction on applications. In Arizona, you must generally still disclose the conviction if a question asks if you have ever been convicted. However, you can now truthfully add that the conviction was set aside and the underlying charges were dismissed by the court.

We have seen that many employers and landlords view this distinction as a sign of character. It proves you took responsibility, remained stable enough to qualify for relief, and received a judge’s approval. If you’re looking to set aside a conviction to restore rights, this legal status provides a much stronger narrative than an active, open conviction.

What is a “Certificate of Second Chance”?

We utilize the “Certificate of Second Chance” as a powerful addition to the set-aside process. For qualifying offenses, the court is required to issue this certificate alongside the set-aside order. This document is specifically designed to break down barriers in the professional world.

It removes many obstacles to obtaining occupational licenses for careers in real estate, nursing, or contracting. Furthermore, it provides a “safe harbor” for employers, protecting them from negligent hiring lawsuits if they choose to hire someone with a past conviction. We focus on securing this certificate to make you a more competitive and “safe” candidate in the eyes of hiring managers.

What is the process for filing a set-aside application?

We treat the application process with extreme precision because even small errors can lead to a denial. First, we identify the correct jurisdiction, as the application must be filed in the specific court where you were originally sentenced. We then conduct a thorough audit to ensure all restitution and court requirements are satisfied.

After we draft and file the application, which includes a compelling statement regarding your rehabilitation, the prosecutor has 30 days to object. We are prepared to respond to any objections the state may raise. Ultimately, the judge reviews the nature of the offense, your prior record, and your behavior since the conviction to make a final decision.

Why should you hire us for a set-aside?

The set-aside process is discretionary. A judge is not required to grant your request simply because you asked. We know how to frame your story of rehabilitation in a way that resonates with the court. We handle the complex legal filings, negotiate with prosecutors, and ensure that your civil and firearm rights are explicitly addressed in the final court order.

We believe your past should not dictate your entire future. By focusing on the details of your rehabilitation and the specific requirements of the law, we aim to provide the most effective representation possible. 

Ready to move past your record?  

Hire Future First Criminal Law to take the lead on your case today!

Conclusion: Take Control of Your Future Today

A criminal conviction is a chapter in your life, but we don’t believe it should be the whole book. What happens when a case is set aside is a fundamental shift in how the law, and the community, perceives your past. It is a transition from being a “convicted person” to someone who has earned a formal dismissal from the state.

We specialize in navigating A.R.S. § 13-905 to help people throughout Arizona clear their names and reclaim the rights they have lost. We’re ready to put our experience to work for you. Hire us today to begin the process of setting aside your conviction and securing your second chance!

Frequently Asked Questions

Does a set-aside hide my record from the police?

No. Law enforcement agencies and the court system will always be able to see the original conviction history. However, your record will be updated to show the notation that the judgment was vacated and the case was dismissed.

Can a set-aside conviction be used against me if I get in trouble again?

Yes. If you are charged with a new crime in the future, the prosecutor is still permitted to use the set-aside conviction as a “prior” to enhance the penalties or sentencing for the new offense.

Is there a waiting period to apply?

For a standard set-aside, we can typically apply as soon as you are discharged from your sentence and probation. 

What happens if my application is denied?

If the court denies the request, they must provide the reasons in writing. We can then evaluate the possibility of filing a request for reconsideration or determining a timeline to reapply after further demonstrating rehabilitation.