The client carried a Class 6 Felony Resist Arrest – Physical Force 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 190 days, vacating the felony conviction and restoring firearm rights in the same order.
At a glance
| Original conviction | Resist Arrest – Physical Force (ARS § 13-2508(A)(1)), Class 6 Felony |
| Application filed | Application to Set Aside, ARS § 13-905, 2023 |
| Court | Maricopa County Superior Court |
| Result | Set Aside Granted. The felony Resist Arrest conviction vacated, judgment of guilt dismissed, all civil disabilities lifted. |
| Rights restored | Firearm rights restored in the same order under ARS § 13-905(D). Civil rights restored. |
| Time from application to grant | 190 days from application filing to granted |
The challenge
Resist Arrest – Physical Force under ARS § 13-2508(A)(1) is a Class 6 Felony in Arizona. The felony class triggers the federal firearm prohibition that follows any felony for life. Resist arrest convictions also draw attention on background checks because they involve documented physical conduct against a peace officer. Employers and licensing boards read the offense category and stop on the felony tier without parsing further.
The client had served the sentence and completed every term. Absolute discharge had issued. The years since the case were clean. The active conviction record was the last remaining barrier and the statutory factors under § 13-905 were on the client’s side.
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 absolute discharge, the clean record since the case, and the statutory factors the court weighs under § 13-905(A). The firearm rights restoration request under § 13-905(D) was built into the same filing.
Resist arrest applications sit alongside any other felony set aside application on the criminal motion docket. The 190-day grant cycle reflects how Maricopa County Superior Court processes clean applications when the documentation lines up cleanly. The application held up at every step.
The judge signed the order. Set aside granted on the Class 6 Felony Resist Arrest count. Firearm rights restored in the same order. The conviction is vacated, the judgment of guilt is dismissed, and the civil disabilities lift in full.
What our clients say
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If you have a felony Resist Arrest on your record
ARS § 13-905 reaches Class 6 Felony resist arrest convictions on the same terms as any other eligible felony. The statute looks at sentence completion, the documented passage of time, the absence of new criminal matters, and the broader factor analysis the court runs under § 13-905(A). The offense category does not lock the door.
Set aside is the first piece of the cleanup on a felony. Firearm rights restoration runs in the same order under § 13-905(D). The conviction record converts from active to vacated. Background checks pulling from the Arizona Public Access database reflect the set aside notation.
Sealing under ARS § 13-911 follows when the client wants to close public access entirely. The sealing wait for a Class 6 Felony is five years from judge-ordered non-financial completion. Once the wait runs, the sealing application closes the file from public view.
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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.
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