The client carried a Class 1 Misdemeanor Assault conviction out of Maricopa County Superior Court. Future First filed the Application to Set Aside under ARS § 13-905 and the court granted the application in 105 days, vacating the conviction and clearing the active record entry.
At a glance
| Original conviction | Assault – Intentional, Knowing, Reckless Physical Injury (ARS § 13-1203(A)(1)), Class 1 Misdemeanor |
| Application filed | Application to Set Aside, ARS § 13-905, 2024 |
| Court | Maricopa County Superior Court |
| Result | Set Aside Granted. The Class 1 Misdemeanor Assault conviction vacated, judgment of guilt dismissed. |
| Rights restored | Active conviction record cleared. The set aside removes the civil disabilities tied to the conviction entry. |
| Time from application to grant | 105 days from application filing to granted |
The challenge
A Class 1 Misdemeanor Assault conviction follows the applicant on background checks the same way a felony entry follows. Employers and licensing boards flag any assault-coded result regardless of class level. The client had served the sentence and lived clean since. The active conviction record was the only remaining barrier.
Set aside under ARS § 13-905 reaches misdemeanors. The statutory factors look at sentence completion, the documented passage of time, and the absence of new criminal matters. Misdemeanor applications run on the same factor analysis as felonies. The court of conviction handles the filing.
What we did
Future First filed the Application to Set Aside under ARS § 13-905 in Maricopa County Superior Court. The application documented full sentence completion, the clean record since the case, full monetary compliance, and the statutory factors the court weighs under § 13-905(A).
Misdemeanor set aside applications in Maricopa run on the criminal motion cycle assigned to the case. The 105-day grant cycle reflects how the court moves clean misdemeanor applications when the documentation is in order. The application held up at every step.
The judge signed the order. Set aside granted on the Class 1 Misdemeanor Assault count. The conviction is vacated, the judgment of guilt is dismissed, and the civil disabilities tied to the conviction entry lift.
What our clients say
Read verified reviews from real Future First clients on our client reviews page or directly on Google.
If you have an Arizona misdemeanor assault conviction
ARS § 13-905 applies to both misdemeanors and felonies. The statute lets the court vacate the conviction, dismiss the judgment of guilt, and lift the civil disabilities that follow from the conviction entry. Misdemeanor cases close out faster than felonies on the same statutory framework when the application is clean.
The set aside changes how the record reads. The conviction entry stays in the system with the set aside notation, which signals the court has entered the order. Employers and licensing boards reviewing the record see the set aside on the same line as the original entry.
Sealing under ARS § 13-911 is the next stage when the goal is closing public access entirely. The sealing wait for a Class 1 Misdemeanor is three years from judge-ordered non-financial completion. Once the wait runs, the sealing application closes the file from public view.
Related resources
Call us
Want to clear your record 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.
- About the Author
- Latest Posts
Life’s better with a clean record