Setting Aside a Conviction in Arizona

A conviction does not have to be the last word on your record. Arizona law, A.R.S. 13-905, lets many people ask the court to set aside a judgment of guilt once they have completed their sentence. A set-aside does not erase the record, but it changes what the conviction means for your rights and how it appears. This page explains who can apply, how the court decides and what changes afterward.

Who can apply?

Every person convicted of a criminal offense may apply after fulfilling the conditions of probation or sentence and being discharged by the court, with the exceptions below. The court must tell you about this right at sentencing. You, your lawyer or your probation officer may file the application, and the clerk may not charge a filing fee for it. The Arizona Judicial Branch’s self-service center provides set-aside forms.

Who cannot?

Section 13-905 does not apply to a conviction for:

• a dangerous offense;
• an offense that requires registration as a sex offender;
• an offense with a finding of sexual motivation;
• a felony in which the victim was a minor under fifteen.

How does the court decide?

A set-aside is not automatic. The court considers the nature and circumstances of the offense, how well you complied with probation or your sentence, any prior or later convictions, the victim’s input and whether restitution was paid, how long it has been since you completed the sentence, your age at the time of the conviction and anything else relevant. The prosecutor or the victim may object within 30 days after the application is filed, and the court may set a hearing. If the court denies the application, it must give its reasons in writing and on the record.

What changes if it is granted?

The court sets aside the judgment of guilt, dismisses the complaint, information or indictment and releases you from the penalties and disabilities that resulted from the conviction. Your criminal history is annotated to show that the conviction was set aside. According to the Arizona courts’ self-service center, the records then no longer show a conviction, but that the conviction was set aside. If the conviction was not for a serious offense as defined in the statutes, your right to possess a firearm is restored.

What does not change?

After a set-aside, the conviction can still be	Why it matters
Used as a prior conviction	A later charge can be treated as a repeat offense
Alleged as an element of a later offense	Some crimes depend on a prior conviction
Used by MVD for license actions	DUI-related license and interlock requirements continue
Seen in your record, with an annotation	The record is not removed or redacted
Considered for a fingerprint clearance card	Some jobs require one

The certificate of second chance

When the court grants a set-aside, its order must include a certificate of second chance if the conviction was a misdemeanor, a class 4, 5 or 6 felony and at least two years have passed since the sentence was completed, or a class 2 or 3 felony and at least five years have passed. The certificate helps with occupational licensing, gives an employer certain legal protections when hiring you and gives similar protections to housing providers. A person can receive a certificate for a felony set-aside only once.

Set-aside or sealing?

Arizona also allows many records to be sealed under a separate law, A.R.S. 13-911, which goes further in limiting who can see the records. The two are different tools with different waiting periods, and many people use both. See Sealing Criminal Records in Arizona.

Related options in Arizona

The Arizona courts’ self-service center lists several related forms of relief alongside set-aside and sealing: restoring civil rights lost through a felony conviction, such as the right to vote or serve on a jury; designating an undesignated class 6 felony as a misdemeanor for people who meet the conditions; post-conviction relief, which asks a court to review a conviction or sentence for errors; and expungement of certain marijuana-related charges. Each has its own forms and requirements.

Do I need a lawyer?

Many people file a set-aside application on their own using the court’s forms. A lawyer can help if the prosecutor or the victim is likely to object, if your record includes several convictions, or if you are unsure whether you qualify. If you are still in the middle of a case, ask your defense lawyer whether the outcome you are considering will leave a set-aside available later; see Questions to Ask at Your First Consultation With a Defense Lawyer.