The client carried a Class 6 felony aggravated assault conviction from 2000 for more than two decades. Future First filed a Set Aside application under ARS § 13-905 and the Maricopa County Superior Court granted it, restored firearm rights, and issued a Certificate of Second Chance.
At a glance
| Original conviction | Aggravated Assault (ARS § 13-1204), Class 6 Felony, 2000 |
| 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 had carried a Class 6 felony aggravated assault conviction for more than two decades. He had completed probation, paid every dollar he owed, and lived a quiet life. He had also tried once before to clear the record. In 2013 a prior application was denied. The judge restored civil rights but refused to set aside the conviction itself and refused to restore firearm rights. The reasons given at the time pointed to the nature of the offense and what the judge described as multiple convictions.
That denial cost the client real things every year. A felony conviction blocks occupational licenses. It tags background checks for housing and jobs. It strips firearm rights under both state law and federal law. The client needed a full Set Aside, not a partial fix.
What we did
Future First filed an Application to Set Aside Conviction under ARS § 13-905 and a companion request for restoration of firearm rights under ARS § 13-910. The legal-factors brief walked through the eight statutory factors the court weighs under ARS § 13-905(C). The conviction was designated non-dangerous and non-repetitive at the time of sentencing. The Court had granted early termination of probation in 2002, meaning the original judge already viewed the client as rehabilitated. All monetary obligations were paid. There were no subsequent convictions in the eighteen years since completion of the sentence.
Future First also addressed the 2013 denial head on. The prior judge had cited multiple convictions and offense severity. Counsel pointed out that the client had only two convictions in total, both unrelated, both more than two decades old, and the Class 6 designation in this case showed the original court did not view the conduct as serious. We requested a Certificate of Second Chance under ARS § 13-905(M) so the client could pursue occupational licensing without the felony as a barrier.
The Maricopa County Superior Court granted the application in full. The judgment of guilt was set aside, the complaint dismissed, firearm rights restored, 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 felony in Arizona
A felony conviction does not have to follow you forever. ARS § 13-905 allows most felonies to be set aside once probation is complete and all obligations are paid. The set aside dismisses the judgment of guilt, releases you from the penalties and disabilities that flow from the conviction, and in most cases restores firearm rights under ARS § 13-910 as part of the same order.
A Certificate of Second Chance goes further. Under ARS § 13-905(M) the certificate releases you from many of the occupational licensing barriers that survive a standard set aside. It also gives potential employers and landlords statutory protections under ARS § 12-558.03 if they choose to hire or rent to you. That changes the math on a background check.
A prior denial does not end the analysis. Time changes the record. Years of law-abiding conduct after a denial give a new judge new facts to weigh. The same statute can deliver a different result with the right brief and the right gap between the events and the new application.
Related resources
Call us
Want to clear an old 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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