Set Aside
Set Aside in Arizona ARS 13-905
Once all sentencing requirements are complete including probation, incarceration, and payment of fines you may qualify to have the judgment of guilt set aside and a Certificate of Second Chance issued. This process can restore certain civil rights, including firearm rights, and improve opportunities related to employment, housing, and occupational licensing. While the case remains on your record, a granted Set Aside demonstrates rehabilitation and may reduce the need to disclose the conviction in some private-sector contexts.
Set Asides are not available for all cases. Ineligible offenses include those involving a victim under age 15, dangerous or serious felonies, and sex-related crimes. If your conviction qualifies, pursuing a Set Aside is a legally recognized step toward improving your future prospects. A Set Aside applies only to criminal convictions, not to dismissed charges, arrests without conviction, or civil matters.
Minimum Required Information:
- Court Name:
- Case Number:
- Charges:
- Month/Day/Year of Crime:
- Anything Else We Should Know About Your Life:
- Full Legal Name:
- Date of Birth:
- Phone Number:
- Email:
- Mailing Address:
The law firm handles the rest of the motions and court appearances.
Legal Benefits:
- Restores Civil Rights
- Restores Firearm Rights
- Sets aside judgment of guilt (aka no longer guilty)
- Released from ALL penalties that came with the conviction
- Certificate of Second Chance
- Great first step to getting Sealing Records approved and will speed up the process.
- Useful for employment and housing applications because once approved you do not have to disclose
- If the employer or housing company finds your prior conviction, then you can present them with the approved set aside order, and the conviction should be disregarded.
- DPS must update criminal background information (Doesn’t help with fingerprint clearance card)
- Restore Gun Rights included with Set Aside for felony cases (judge can approve Set Aside but specifically deny Gun Rights if the judge decides to)
- Restore Civil Rights automatically for 1st-time felony convictions once the case is completed (does not apply for serious offenses) 13-907
Eligible:
- Criminal convictions only
- Accepted guilty plea or found guilty at trial
- Must have completed all sentence requirements (including fines)
Approval Process:
- Typically, it takes more than 90 days from the time the application is submitted. Felony Set Asides commonly take closer to six months to be approved or denied by the judge.
- Applications are typically reviewed multiple times for accuracy before submission and filed in under 30 days from the time the firm is hired.
- The judge holds a huge amount of power and discretion to approve or deny.
Legal Factors:
- Nature and circumstances of the offense
- Completion of probation without issues
- Prior criminal history and/or new cases
- Victim input
- Length of time that has passed since completion of sentence
- Age of defendant at the time of the offense
- Any other relevant helpful information (mitigation)
Limitations:
- Does not remove from driving records or insurance
- Does not delete anything from the internet
- Does not delete old things on goverment sites that background companies have already saved to their systems
- Doesn’t legally remove it as a prior felony or prior DUI
Not Eligible Cases:
- Civil cases
- Dismissed cases; including:
- Diversions that led to a dismissal (use Sealing Record)
- Defensive Driving School for criminal speeding cases (use Sealing Record)
- Victims under the age of 15
- Common in DV cases, but we can usually still get these approved
- Serious injury cases (aggravated assault, manslaughter, etc.)
- Dangerous Offense (check sentencing order but commonly require a weapon)
- Serious Offenses (must wait 10 years after absolute discharge):
- Murder
- Manslaughter
- Aggravated Assault
- Arson of an Occupied Structure
- Armed Robbery
- Burglary of an Occupied Residence
- Kidnapping
- Assault by Prisoner
- Riot
- Drive-By Shooting
- Shooting at Occupied Structures
- Gangs
- Terrorism
- Sex-related cases
- Weapon offenses are not automatically denied but it is hard to get a judge to approve Set Aside if a weapon was used.
Set Aside Judgment of Guilt Attorney
Filing for a set aside in Arizona under ARS §13-905 involves more than just paperwork it requires a clear presentation of your rehabilitation and compliance with court-ordered terms. An attorney can help build a strong petition, ensure all supporting documentation is accurate, and address any objections from the prosecutor.
Judges review each case individually, weighing factors like restitution, offense details, and post-conviction progress. Legal counsel can also represent you at hearings and ensure approved orders are properly reflected in Arizona records. While results vary, working with a lawyer increases your chances of a smoother process and a more persuasive case for restoring rights and reducing the impact of a past conviction.
If you are ready to pursue a set aside, call 602-900-7625 or send us a message to get started at AZ Record Removal today.
Frequently Asked Questions
Does a set aside seal or erase my record?
No. A set aside vacates the judgment of guilt and restores your rights, but the case still shows on background checks. To hide it from public view, you seal the record under A.R.S. § 13-911. Many clients do both, and we can file them together (see our Sealing Records page).
Will a set aside restore my gun rights?
It can. A set aside under A.R.S. § 13-905 restores your civil rights and can restore firearm rights in the same order, and it gives you the documented proof a licensed dealer’s background check requires. First-time offenders may qualify for automatic restoration under § 13-907, but that process issues no paperwork, so you cannot prove it at the gun counter. The set aside is the reliable path (see our Restore Firearm Rights page).
Who qualifies for a set aside?
Most people who completed everything the judge ordered: probation, any jail time, classes, fines, and restitution. The law excludes dangerous offenses, crimes requiring sex-offender registration, offenses with serious injury or a deadly weapon, and cases with a victim under 15. In practice, judges often still grant relief in some victim-under-15 cases where the harm is only technical, so do not assume you are disqualified. Ask us.
Can I apply while I’m still on probation?
No, you must finish your sentence first. If you are on felony probation, you may be able to terminate it early under A.R.S. § 13-901(E), which makes you eligible sooner.
How long do I have to wait to apply?
There is no fixed waiting period. For lower-level cases like a DUI or most misdemeanors, you can apply the next day, and many judges grant quickly. For more serious cases or a longer record, judges often want to see about a year off probation first. We apply anyway, because you can reapply if a judge simply wants more time.
Will a set aside help me get a job?
Mostly because it proves the case is finished. Most employers care less about what happened and more about knowing the case is fully concluded, with no risk it is ongoing or that you could be re-arrested. A set aside is that proof, which is what makes employers comfortable.
What if my set aside is denied?
We contact you and explain why. If it was a correctable error we can refile, and if the error was on our end there is no added cost. Note that sealing is usually not a backup plan, because most judges treat sealing as a higher standard, so a judge who denies a set aside will generally deny sealing too.
Will I have to go to court?
No. With a private lawyer you are never required to appear; we handle the hearings, arguments, and motions, and you never have to come back to Arizona. The only time we recommend appearing is if the prosecutor objects in a serious case or one questioning your rehabilitation, so the judge can see who you are.
Can one application clear my whole record?
No. Each case needs its own application, filed at the courthouse that handled the original case, so cases in different cities go to different courthouses and judges. We file them all at once, and removing a felony first often strengthens the case for removing the misdemeanors.