The client carried a Class 5 felony attempted possession of dangerous drugs and a paired Class 1 misdemeanor DUI from 2004. A prior application was denied in 2013. Future First refiled under ARS § 13-905 and the Maricopa County Superior Court set aside both convictions, restored firearm rights, and issued a Certificate of Second Chance.
At a glance
| Original conviction | Attempted Possession of Dangerous Drugs (ARS § 13-3407), Class 5 Felony, and Driving Under the Influence (ARS § 28-1381(A)(1)), Class 1 Misdemeanor, 2004 |
| Application filed | Set Aside under ARS § 13-905, 2026 |
| Court | Maricopa County Superior Court |
| Result | Set Aside Granted With Firearm Rights Restored and Certificate of Second Chance |
| Rights restored | Civil and firearm rights |
| Time from application to grant | 49 days from application filing to granted |
The challenge
The client pled to a Class 5 felony attempted possession of dangerous drugs and a Class 1 misdemeanor DUI back in 2004. Probation ran rough at the front end. The client struggled with the community-service hours and tested positive for marijuana while supervised. Probation was reinstated for twelve days and then the client was discharged on August 12, 2007. By discharge he had completed substance abuse treatment, held employment, and maintained a stable residence. The remaining community-service hours were converted into a financial assessment that the client paid.
In 2013 the client tried to clear the record himself. The Court restored civil rights but denied the Set Aside and denied firearm rights, citing multiple convictions and probation performance. The denial left a Class 5 felony and a DUI sitting on background checks. The probation record carried imperfect numbers around community service that did not match the reality of what had actually been completed.
What we did
Future First filed an Application to Set Aside Conviction under ARS § 13-905, a request for firearm rights restoration under ARS § 13-910, and a request for a Certificate of Second Chance under ARS § 13-905(M). The legal-basis brief tackled the 2013 concerns directly. We walked the Court through nearly eighteen years of law-abiding conduct since discharge. We addressed the community-service hour count, where three different probation reports listed three different totals before settling on a financial-assessment conversion that the client satisfied in full. We argued the previous court relied on incorrect numbers and the client had not pushed back at the time.
We also addressed the marijuana-related probation violations directly. Marijuana possession is now an expungeable offense under ARS § 36-2862 and would not have generated a violation under current Arizona law. The brief asked the Court to view those technical violations through the lens of how the law has moved.
The Maricopa County Superior Court granted the application in full. The judgment of guilt on both counts was set aside, the case dismissed, firearm rights restored under ARS § 13-910, and a Certificate of Second Chance issued. The whole process took 49 days from filing to grant.
What our clients say
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If you have an old drug felony in Arizona
An old drug felony is not the end of the case. ARS § 13-905 lets most drug felonies be set aside once probation is complete, all financial obligations are paid, and the conduct points toward rehabilitation. A messy probation record does not automatically end the analysis. Time, compliance after discharge, and the way Arizona drug law has changed all weigh into the statutory factors a judge has to consider.
Felony Set Asides under ARS § 13-905 inherently restore civil rights once granted, and the firearm-rights restoration under ARS § 13-910 typically rides on the same order. A Certificate of Second Chance under ARS § 13-905(M) lifts occupational-licensing barriers that survive a standard set aside and gives employers statutory cover to hire under ARS § 12-558.03. That changes job applications and licensing applications in real ways.
Marijuana-related probation issues that pre-date Arizona’s expungement law deserve a separate look. Under ARS § 36-2862, those offenses are now expungeable. A felony set aside brief can fold that legal evolution into the rehabilitation analysis the statute requires.
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Call us
Want to clear an old drug felony in Arizona? Call Future First Criminal Law at 602-900-6240 or request a free consultation. We have handled hundreds of Arizona record removal applications across every statute path. The cleanup is permanent and the process moves faster when handled by a firm that knows the local court.
Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona record removal law, visit the Arizona State Legislature website.
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