Set Aside a Conviction in Arizona
Under A.R.S. 13-905, Arizona can vacate the judgment of guilt on your conviction and release you from most of its penalties.
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Can You Set Aside a Conviction in Arizona?
Quick answer: Yes. Under A.R.S. § 13-905, once you complete your sentence you can ask the court to set aside the judgment of guilt. The conviction still exists, but it is vacated and marked “set aside,” which releases you from most penalties and disabilities and shows employers the court gave you relief. Most offenses qualify; a few serious and dangerous offenses do not.
Check If You Qualify
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What It Does (and Doesn’t Do)
✓ It DOES
- Vacates the judgment of guilt and dismisses the charges
- Adds a “set aside” notation to the record
- Releases you from most penalties and disabilities of the conviction
- Helps with employment, housing, and professional licensing
- Is often the first step before sealing the record
✗ It DOES NOT
- Does not erase or hide the conviction from public view
- Does not restore gun rights by itself (see firearm restoration)
- Does not apply to dangerous offenses, most sex offenses, or offenses with a victim under 15
- Does not undo the immigration consequences of the conviction
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When you are looking for the best Phoenix set aside conviction lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
The Statute, in Plain Terms
A set-aside does not delete the case, it vacates the guilty judgment and orders the charges dismissed, then notes on the record that the conviction was set aside. Under A.R.S. § 13-905 you can apply after you complete probation or your sentence and pay what you owe. Certain offenses are excluded, including dangerous offenses, driving offenses in some cases, and offenses that require sex-offender registration or involve a victim under 15.
Who Qualifies
You generally qualify if you have completed probation or your full sentence, paid your restitution and fines, and your offense is not on the excluded list. There is no fixed waiting period, you can often apply as soon as your sentence is complete. Pairing a set-aside with record sealing gives the strongest result.
The Process, Step by Step
- Confirm your sentence is complete and your obligations are paid.
- Prepare and file the application to set aside in the sentencing court.
- The prosecutor and any victim may weigh in.
- The judge decides, weighing your rehabilitation and the nature of the offense.
- If granted, the judgment is vacated and the record is marked set aside.
We handle every step so you never guess at a form or deadline. Call 623-321-4699 for a free record review.
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Arizona Set-Aside FAQs
What does it mean to set aside a conviction in Arizona?
It means the court vacates the judgment of guilt under A.R.S. 13-905 and dismisses the charges, adding a “set aside” notation. The conviction still exists but you are released from most of its penalties.
How long does it take to set aside a conviction in Arizona?
After you complete your sentence, the application itself usually resolves in a few weeks to a couple of months, depending on the court and whether the prosecutor objects.
What is the difference between set-aside and sealing in Arizona?
A set-aside (13-905) vacates the judgment but the record stays public; sealing (13-911) hides the record from public view. Many people do both.
Does a set-aside restore my gun rights?
No. A set-aside alone does not restore firearm rights. You apply separately under A.R.S. 13-925, or reduce an undesignated class 6 felony to a misdemeanor.
What convictions cannot be set aside in Arizona?
Dangerous offenses, offenses requiring sex-offender registration, offenses with a victim under 15, and certain driving offenses are excluded from set-aside relief.
Do employers see a set-aside conviction?
Yes, but they also see the “set aside” notation, which signals the court relieved you of the conviction’s penalties. Sealing the record afterward removes it from most background checks entirely.
How much does it cost to set aside a conviction in Arizona?
Costs vary by court and case. We give you clear, flat-fee pricing after a free review of your record. Call 623-321-4699.
Can I set aside more than one conviction?
Yes. Each conviction needs its own application, filed in the court that handled it. We coordinate multi-case set-asides so everything moves together.
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We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.