How to Set Aside a Record in Arizona

Learn everything you need to know about setting aside a record in Arizona. A criminal conviction on your background in Arizona can have a negative impact on many parts of your life. Convictions for seemingly minor offenses can prevent you from advancing in your career, obtaining quality housing or loans, and prevent you from obtaining a professional licenses or Arizona fingerprint cards which are required for many employment positions in Arizona. Thankfully, there is a relief available that can help reduce some of those serious consequences of convictions in Arizona. The relief is called setting-aside a conviction. Some people call it expungement because it does what many states refer to as expungement. This video will provide you information on setting aside a conviction in Arizona and includes some pointers that other attorneys might not know.

Setting aside a conviction is authorized by Arizona Revised Statutes section 13-907. Having a conviction set aside in Arizona will not erase or destroy your record or criminal history. However, it does set aside the previous judgment of conviction and dismisses the charges. With very few exceptions, it releases a previously convicted person from all penalties and disabilities resulting from the conviction. This allows a person to deny that they have a conviction on their record for most purposes, because their previous conviction is now set aside and dismissed. There are many benefits to having a conviction set aside, which we will expand upon later.

A set aside is an application to the court for relief from a previous conviction. The application is made to the judge who pronounced the sentence or imposed probation for the conviction. The process can vary by court and what sentence you received, but at the very least, it requires an application to be submitted to the court. Usually, the court will then give notice to the prosecuting attorney who will be given a chance to respond. Depending on the response of the prosecutor, the judge may have a hearing on the matter, or more likely will grant or deny the application without a hearing. If a hearing is set, you would be able to present evidence of why you need or deserve the set aside. The judge ultimately decides whether to grant your request.

First, there are certain types of convictions that are not eligible to be set aside:
1. Your conviction cannot be a felony for a “dangerous offense.” Typically, your court records will say whether your conviction was dangerous with a special designation. Usually a violent offense will be considered dangerous if the person exhibited a weapon or dangerous instrument while committing the crime.

2. Your conviction cannot be for a crime in which the court ordered you to register as a sex offender or if there was a finding that the crime was sexually motivated.

3. Your conviction could not have had a victim under the age of 15.

4. Your conviction also cannot have been for driving on a suspended license, reckless driving, or any other ordinance violation for operation of a motor vehicle. This means a speeding tickets and other similar offenses are not eligible to be set aside. However, driving while under the influence is a criminal conviction which is eligible to be set aside.

If you weren’t convicted of an excluded offense, the other requirement is that you complete your sentence for the conviction. This includes all custody terms, probation, and court requirements. Also, any court fees, fines, probation costs, and restitution must be paid in full. Many counties don’t even consider your application if you have even a small amount of money outstanding.

A conviction set aside will:
1. Remove the conviction and dismiss the charges on your criminal history records.

2. Make it easier to get or maintain professional licenses, even though you may need to disclose the set aside case to licensing authorities.

3. Be a positive factor considered by the Arizona Department of Public Safety when deciding whether to issue a Fingerprint Card.

4. Allow you to truthfully say that you do not have a conviction on your record when you go to apply for a job or housing.

5. Restore firearm rights related to the conviction if you were convicted of a felony so long as it was not a “serious offense”.