Should You Hire an Attorney to Set Aside a Judgment of Guilt in Arizona?

You finished probation years ago, paid every dollar, and the conviction still follows you into every application. The set aside form on the court’s website costs nothing to file, and you keep going back and forth on whether a lawyer is worth the money. Plenty of people file alone, and plenty of those applications come back denied for a reason a lawyer would have caught on day one.

Arizona record clearing is the only work we do, and set aside applications under A.R.S. § 13-905 cross our desks every day. AZ Record Removal is owned and powered by Future First Criminal Law, and this post gives you a straight answer on when a lawyer earns the fee and when you should file alone.

Do you need a lawyer to set aside a judgment of guilt in Arizona?

No. Arizona law does not require one. A.R.S. § 13-905(B) says you, your attorney, or your probation officer files the application, and the clerk is barred from charging a filing fee. The judge rules on it either way.

The real question is whether filing alone gets you the order. A set aside is discretionary. The judge weighs your application against a list of factors written into the law, and the prosecutor gets a chance to object. A form with a name, a case, and a signature answers none of those factors, and this is where most self-filed applications lose. Read the full text of A.R.S. § 13-905 and you will see how much room the judge has to say no. Our set aside service page covers the filing itself.

What does a set aside do to a judgment of guilt?

A set aside vacates the judgment of guilt, dismisses the charge, and releases you from the penalties and disabilities the conviction carried. That is the language of A.R.S. § 13-905. The case stays in the public court record with a note showing the judge set it aside, so anyone who pulls the file sees both the conviction and the order.

A set aside does not erase the case. It changes what the case means. Licensing boards and landlords read the order, and A.R.S. § 13-905(O) restores your right to possess a firearm unless the conviction was for a serious offense. Employers who run a background check still see the case, and our post on whether employers see a set aside conviction explains what the report shows. Taking the case out of public view is a separate filing under A.R.S. § 13-911, covered below.

What does the judge weigh before granting a set aside?

Seven factors, listed in A.R.S. § 13-905(C). The application either speaks to each one or leaves the judge guessing.

• The nature and circumstances of the offense.
• Your compliance with probation, the sentence, and any Department of Corrections rules.
• Any prior or later convictions.
• The victim’s input and whether restitution is paid.
• The time passed since you finished the sentence.
• Your age when the conviction was entered.
• Any other factor the judge finds relevant.

A bare form answers none of them. A strong application answers all seven before the judge has to ask, with dates, proof of completion, and a plain account of what has changed since the case closed. The seventh factor is the open door. A letter from an employer, a record of steady work, or a finished treatment program goes there, and it is the part a form never prompts you to write.

Why do self-filed set aside applications get denied?

Most denials trace back to one of five gaps. The application went to the wrong court. The file shows no discharge order, so the judge reads you as still on probation. A fine or restitution balance sits unpaid. A newer arrest appears on the record and the application never mentions it. Or the prosecutor objected and nobody answered.

Every one of those gaps is visible before filing to someone who knows where to look. A.R.S. § 13-905 requires a judge who denies an application to state the reasons in writing and on the record, so a denial is not the end. You close the gap and apply again. What it costs is months of waiting and a second application the judge reads next to the first denial. Filing once, with the gaps closed, is the whole reason to hire a lawyer.

What does an attorney add to a set aside application?

Five things, in order. First, the record pull. We read the court docket, the DPS record, and the sentencing minute entry before anything is drafted, so the application matches what the judge already has in the file. Second, the eligibility check against A.R.S. § 13-905, including the exclusions below and every open case. Third, the written application, which walks the judge through each factor in A.R.S. § 13-905(C) with proof attached. Fourth, the prosecutor. When an objection lands, we answer it in writing and request a hearing if the case calls for one. Fifth, tracking. Rulings come back by minute entry, and a signed order sitting in a court file does nothing until someone sends it to DPS and everyone else who needs it.

None of this is a secret. It is paperwork done in the right order by people who do it every week.

When is filing a set aside on your own a reasonable choice?

When the case is small, old, and clean. One misdemeanor, no victim, no restitution, probation discharged years ago, no arrests since, and you are comfortable with court forms. That application often gets granted on its own, and the filing fee is zero under A.R.S. § 13-905(B).

Be honest about the cost of being wrong. A denied application sits in the file, and the next judge reads it. If the case has a victim, an unpaid balance, a felony class, a later arrest, or a prosecutor’s office known to object to set asides as a matter of policy, the math changes. Look up your case first with our Arizona record search and see what the public record shows. If anything on it surprises you, you have your answer.

Which convictions are shut out of a set aside?

A.R.S. § 13-905(P) closes the door on a dangerous offense, an offense requiring sex offender registration, an offense with a finding of sexual motivation, a felony where the victim was under 15, and a narrow list of driving offenses such as driving on a suspended license. No lawyer and no amount of time changes those.

Everything else is on the table, including most felonies. A class 2 felony with a victim is not excluded. It is a hard application, and the factors in A.R.S. § 13-905(C) give the judge room to deny it. This is where a written application addressing the victim, the restitution, and the years since matters most. Our post on who is eligible for a set aside in Arizona walks the full list, and a granted set aside also opens the door to a certificate of second chance when the conviction and timing fit.

Does a set aside restore your gun rights?

Usually yes, on the set aside order itself. A.R.S. § 13-905(O) restores your right to possess a firearm when the judge sets aside the conviction, unless the conviction was for a serious offense. For a serious offense the path is a separate application under A.R.S. § 13-910, which opens ten years after absolute discharge and leaves the decision to the judge. A dangerous offense has no path at all.

Two details trip people up. A set aside entered before 2022 did not restore firearm rights on its own, and an old order often needs a fresh filing. And A.R.S. § 13-907 restores civil rights automatically for a first-time felony offender, with its own limits on firearms, so we check which rule applies before anyone tells you that you are clear. Our restore firearm rights page covers the filing, and our post on gun rights after a set aside explains what the order says.

Should you file sealing and a set aside at the same time?

Yes, when the sealing clock has run. A set aside changes what the conviction means. Sealing under A.R.S. § 13-911 takes the public court record out of view and off most background checks. A lawyer who files only the set aside leaves half the work undone.

As of 2026, the sealing law works this way. The wait runs from the day you finish the nonmonetary terms of the sentence and the judge discharges you: ten years for a class 2 or 3 felony, five years for a class 4, 5 or 6 felony, three years for a class 1 misdemeanor, and two years for a class 2 or 3 misdemeanor. A dismissed case or a not-guilty verdict has no waiting period at all. Every fine, fee, and restitution order has to be paid when you file. After a grant, the court holds the record for 60 days before the seal takes effect. A denial bars a refile for three years, one more reason to get the first filing right.

Sealing removes the public court record only. A news story, a Google result, or a mugshot site stays where it is. Read the full text of A.R.S. § 13-911 and our sealing records page.

What if your felony is undesignated or probation is still running?

Then the set aside waits, and a different filing comes first. A set aside under A.R.S. § 13-905 is available only after you complete probation or the sentence and the judge discharges you. While probation runs, the application is premature, and the judge denies it on that ground alone. A.R.S. § 13-901 lets a judge end probation early when your conduct warrants it, and that is a separate filing with its own rules.

An undesignated class 6 felony is the other common holdup. Under A.R.S. § 13-604 the judge left the label open, and getting it designated a class 1 misdemeanor cuts the sealing wait from five years to three. We file designation to a misdemeanor together with the set aside and the sealing when a case qualifies for all three, so one filing closes out the case.

How much does an attorney cost for a set aside in Arizona?

$1,700 flat per case, all in. The clerk charges no filing fee for a set aside under A.R.S. § 13-905(B), and our fee covers every type of relief your case qualifies for when we file them together, so the set aside, a designation, and the sealing ride on one $1,700. No court fees, no prosecutor fees, no charge for a hearing, no charge for a case outside Phoenix. A second case is $1,200, and every case after that is $1,200. Hire us within 24 hours of your consultation and $200 comes off. Payment plans are available.

Compare that to the price of a denial. The application is free to file, and a denial costs nothing at the clerk’s window. What it costs is the months before you refile and the denial sitting in the file when the next judge reads it. Full numbers are on our pricing page.

Why should you choose AZ Record Removal for a set aside?

Because we tell you what the record shows before you pay. Every consultation starts with a record pull. If your case is excluded, or the sealing clock has not run, or a self-filed application would do the job, you hear it first. Arizona record clearing is all we do, we file statewide, and everything happens virtually, so you never travel to a courthouse or to us.

AZ Record Removal is owned and powered by Future First Criminal Law. Our founder, Zachary Divelbiss, used a set aside and sealing to clear six convictions from his own youth before he cleared anyone else’s. We file the applications, we answer the prosecutor, we track the judge’s ruling, and we send the signed order where it needs to go. Our clients have left 250+ five-star Google reviews, and our case victories page shows the orders. Phones are answered 24 hours a day, 7 days a week at 602-900-6240, and consultations are scheduled during business hours.

What should you do next?

Pull your record first. Our free eligibility quiz takes a few minutes and tells you which filings your case fits. Then call 602-900-6240 and we will tell you whether a set aside on your case is worth a lawyer, what we would file, and what it costs. If the honest answer is to file alone, you will hear it. No judge is required to grant a set aside, and putting a complete application in front of the right judge is the whole job.

Frequently Asked Questions

How long does a set aside take in Arizona with an attorney?

A.R.S. § 13-905 sets no deadline for the judge, so timing moves with the county, the judge’s calendar, and whether the prosecutor objects. An application with no objection tends to come back faster than one headed to a hearing. When we file sealing with the set aside, the sealing request carries its own 60-day hold under A.R.S. § 13-911, so the two orders often land weeks apart.

Does a set aside require a court hearing?

Not always. Many judges rule on the written application and the prosecutor’s response without one. A hearing happens when the prosecutor objects, a victim asks to be heard, or the judge wants to hear from you directly. When one is set, we appear with you and present the same factors the written application covers. Everything else in our process runs virtually.

Is a set aside the same as expungement in Arizona?

No. Arizona has no general expungement law. Expungement exists for certain marijuana cases only, under A.R.S. § 36-2862. A set aside vacates the judgment of guilt and dismisses the charge under A.R.S. § 13-905, and sealing hides the public court record under A.R.S. § 13-911. If you searched for an expungement attorney, a set aside and sealing are the tools doing the work.

Does a set aside remove the conviction from a background check?

No. The case stays in the public court record with a note showing the judge set it aside, so a background check still lists it. What changes is the meaning. The judgment of guilt is vacated and the charge is dismissed. Sealing under A.R.S. § 13-911 is the separate filing removing the case from most background checks, and we file both together when the sealing clock has run.