Set Aside a Judgment of Guilt: What Does It Mean? ARS 13-905
Wondering what “set aside a judgment of guilt” really means? Under A.R.S. § 13-905 the court releases you from the penalties and disabilities of the conviction, but the record is set aside, not erased — it still shows, favorably annotated. Here is exactly what changes.
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What Does “Set Aside Judgment of Guilt” Actually Mean in Arizona?
Setting aside a judgment of guilt under ARS 13-905 means the court vacates the guilty judgment, dismisses the charges, and releases you from the penalties and disabilities of the conviction — but the record stays visible, now annotated to show the conviction was set aside, unlike sealing under ARS 13-911.
If you finished your sentence years ago but the conviction still follows you into every job application, you have probably run across the phrase “set aside judgment of guilt” and wondered what it really does. It is Arizona’s original second-chance remedy — and one of the most misunderstood, because people expect it to erase the record and it does not. This article explains, in plain English, what a set-aside legally means, what changes on your record and what stays, and how it differs from sealing and from a true expungement.
For the complete eligibility checklist and the step-by-step application, see our companion page on setting aside a conviction in Arizona — the short version is that most people who have finished probation or their sentence for a non-dangerous offense can apply. Everything below is about what the remedy actually means for your record and your future.
It means the court reopens your closed case and, under ARS 13-905, formally undoes the legal consequences of the conviction. When an application is granted, subsection (D) directs that “the court shall set aside the judgment of guilt, dismiss the complaint, information or indictment and order that the person be released from all penalties and disabilities resulting from the conviction” — with narrow exceptions for the Department of Transportation, the Game and Fish Commission, and certain court-ordered lifetime restrictions.
Read that language carefully, because every word matters. The judgment of guilt is set aside — not erased, not destroyed, not sealed from view. The charging document is dismissed. And you are released from the penalties and disabilities that flowed from the conviction — the collateral consequences like being barred from certain jobs or licenses. What the statute does not say is that the conviction disappears. It happened, the record of it remains, and the court simply adds that the judgment has been set aside.
What Actually Changes When a Judgment Is Set Aside — and What Doesn’t
The practical value is real, but it is specific. Knowing exactly where the line falls is the difference between a set-aside that helps you and an expectation it can never meet.
What a set-aside does for you
- Lifts the penalties and disabilities. Occupational and licensing bars, and other legal consequences tied to the conviction, are released under ARS 13-905(D).
- Adds an official annotation. The court record is updated to show the judgment was set aside and the charges dismissed — a fact you can point an employer or licensing board to.
- Shows rehabilitation. A granted set-aside is a court’s formal acknowledgment that you completed your sentence and earned relief — often persuasive to employers, landlords, and boards that look at the whole picture.
- Can restore firearm rights in the same order. ARS 13-905 lets the court restore the right to possess a firearm when it sets aside the judgment, though not for a conviction that was a serious offense under ARS 13-706.
What a set-aside does not do
- It does not erase or hide the record. Unlike sealing, the conviction stays visible. A background check will still find it — now showing “set aside” next to it.
- It does not undo the conviction for future cases. The state can still use it as a prior conviction for sentencing if you are charged again, and it can still count for impeachment.
- It is not an acquittal or a finding of innocence. The set-aside does not say you did not do it — it says the legal disabilities are lifted.
- It does not automatically clear licensing databases. You may still need a certificate of second chance or a fingerprint clearance card to reach specific licensing consequences.
Set-Aside vs. Sealing vs. Expungement: What’s the Difference?
These three words get used as if they mean the same thing. In Arizona they are three different remedies with three different effects, and picking the right one is the whole game.
Set-aside (ARS 13-905): the conviction stays visible but annotated
A set-aside vacates the judgment and lifts the penalties and disabilities, but the record remains public. Anyone running a background check still sees the case — with the added notation that the judgment of guilt was set aside. It is the oldest of the three remedies and the one with the broadest eligibility.
Sealing (ARS 13-911): the record is hidden from public view
Sealing, available since January 2023 under ARS 13-911, actually removes the arrest, charge, conviction, and sentencing records from public access. Once sealed, you may lawfully state on most job and housing applications that you were never arrested, charged, or convicted. This is the remedy most people picture when they say they want their record “cleared.” Our page on sealing your Arizona criminal record covers who qualifies and the waiting periods.
Expungement: Arizona has almost none
True expungement — destroying the record as if it never existed — barely exists in Arizona. The one real expungement is for qualifying marijuana offenses under ARS 36-2862, passed with Proposition 207. For everything else, “expungement” in Arizona practically means either a set-aside or sealing. All three paths, and how they fit together, are laid out on our hub for clearing your Arizona criminal record.
Who Is Eligible to Set Aside a Judgment of Guilt — and Who Is Excluded?
Most people who have completed probation or their sentence for a non-dangerous offense can apply. ARS 13-905 lets a person apply after fulfilling the conditions of probation or sentence and being discharged by the court, and the judge weighs factors like the nature of the offense, your compliance, restitution, and time since completion. But the statute flatly excludes certain convictions.
Under ARS 13-905(P), a set-aside is not available to a person convicted of:
- “A dangerous offense” — an offense involving a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury.
- An offense requiring sex-offender registration under ARS 13-3821.
- An offense with a finding of sexual motivation under ARS 13-118.
- A felony in which the victim was a minor under fifteen years of age.
Note that the exclusion list turns on “dangerous” offenses, not “serious” ones. A serious offense is not automatically barred from a set-aside — but under ARS 13-905 it does block the firearm-rights restoration that can otherwise come with the order. For the full, current eligibility analysis applied to your specific charge, our set-aside a conviction page walks through it in detail.
Can Your Conviction Be Set Aside? Eligibility at a Glance
Eligibility is decided case by case, but the categories below show how the common situations typically line up under ARS 13-905. This is general guidance, not a determination on your case.
Offense Category and Set-Aside Eligibility
A.R.S. 13-905 · exclusions at subsection (P)
How Does the Set-Aside Process Actually Work?
You apply to the court that sentenced you, after you have completed probation or your sentence and been discharged. The application asks the judge to set aside the judgment, and the prosecutor and any victim may weigh in; the court then decides based on your compliance, restitution, the nature of the offense, and the time that has passed. There is no automatic set-aside — someone has to ask, and how the request is framed matters.
Because the paperwork, the timing, and the discretionary factors are where these applications succeed or fail, we keep the full walkthrough on a single page rather than repeating it here: see how to set aside a conviction in Arizona for the application steps, the documents the court expects, and how to strengthen a borderline request. It is also common to pair a set-aside with a certificate of second chance under ARS 13-905 to reach occupational-licensing disabilities the set-aside alone may not.
Why Does a Set-Aside Still Matter If the Record Stays Visible?
Because the notation changes the conversation. When a background check shows a conviction with “judgment of guilt set aside” next to it, an employer or landlord sees a person who finished their sentence and went back to court to earn relief — not an open, unresolved conviction. Arizona law also bars many licensing agencies from denying a license solely because of a set-aside conviction, which is often the practical barrier people are trying to clear.
It also matters because a set-aside can restore rights in the same order. The court can return firearm rights (outside the serious-offense exclusion), and it pairs naturally with restoring your civil rights in Arizona after a felony. For many people the ideal is a layered approach — set aside the judgment, then seal the record under ARS 13-911 once the waiting period is met — so the conviction is both legally undone and hidden from public view. A defense lawyer can tell you which combination fits your record and your goals.
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Why Tamou Law Group for Record Clearing
Arizona now offers set-asides, sealing, Certificates of Second Chance and marijuana expungement, each with its own eligibility rules and waiting periods. The right petition filed in the right order can change what a background check shows.
Outcomes designed for sealing
Many of our published results end in diversion, deferred prosecution or dismissal, outcomes we negotiated with the record in mind, because a case that ends without a conviction can be sealed far sooner than one that ends with a plea.
Former prosecutors on objections
Prosecutors can object to set-aside and sealing petitions. Former prosecutors on our team know what triggers an objection and how to draft a petition that answers it before it is raised.
Statewide, every county
We file record-clearing petitions in Maricopa, Pima and Pinal County courts and in the city courts where misdemeanors were resolved, and we track the statutory waiting periods so a petition is never filed early and denied.
Published results in this area
| Case | Charges | Outcome |
|---|---|---|
| State v. N.K. | Possession of narcotic drugs (13-3408) | Diversion, no conviction entered |
| State v. S.Q. | Shoplifting and criminal trespass (13-1805, 13-1502) | Diversion, no conviction entered |
| State v. K.P. | Harassment and threatening (13-2921, 13-1202) | Dismissed |
| State v. E.K. | Misconduct involving weapons (13-3102) | Reduced to a misdemeanor |
Anonymized outcomes from our case results page. Every case is different; past results do not guarantee a future outcome.
Frequently Asked Questions
What does it mean to set aside a judgment of guilt in Arizona?
Under ARS 13-905, the court vacates the judgment of guilt, dismisses the charging document, and releases you from the penalties and disabilities of the conviction. The conviction is not erased — the record remains, now annotated to show the judgment was set aside.
Does a set-aside erase or expunge my conviction?
No. A set-aside does not erase, destroy, or hide the conviction. It changes the conviction’s legal status and lifts its disabilities, but the case stays on your record. True expungement in Arizona exists only for qualifying marijuana offenses under ARS 36-2862.
Will a set-aside conviction still show up on a background check?
Yes. Because the record stays public, a background check will still find the conviction — but it will now show that the judgment of guilt was set aside. To keep a conviction from appearing at all, you need sealing under ARS 13-911, not a set-aside.
What is the difference between setting aside and sealing a record?
A set-aside (ARS 13-905) vacates the judgment and lifts disabilities but leaves the record visible and annotated. Sealing (ARS 13-911) hides the arrest, charge, and conviction records from public view and lets you deny the arrest on most applications. Sealing hides; set-aside annotates.
Who is not eligible for a set-aside under ARS 13-905?
Subsection (P) excludes dangerous offenses, offenses requiring sex-offender registration under ARS 13-3821, offenses with a finding of sexual motivation under ARS 13-118, and felonies with a victim under fifteen. Most other non-dangerous convictions are eligible after the sentence is completed.
Does a set-aside restore my gun rights?
It can. ARS 13-905 allows the court to restore the right to possess a firearm in the same order that sets aside the judgment. That firearm restoration is not available if the conviction was a serious offense as defined in ARS 13-706.
How long after my case can I apply for a set-aside?
You become eligible once you have fulfilled the conditions of probation or your sentence and been discharged by the court. There is no fixed waiting period beyond completion, but the time that has passed since discharge is one factor the judge weighs in deciding.
Does a set-aside remove the conviction from my record for future cases?
No. A set-aside conviction can still be used as a prior conviction for sentencing if you are charged with a new offense, and it can still be used for impeachment. It lifts the disabilities of the conviction but does not undo it for these purposes.
Do I have to go back to court to set aside a judgment of guilt?
Yes. A set-aside is not automatic — you file an application in the court that sentenced you, after completing your sentence. The prosecutor and any victim may respond, and a judge decides based on the offense, your compliance, restitution, and time since discharge.
Is a set-aside worth it if the record still shows?
For many people, yes. The set-aside notation signals a completed, resolved case, lifts licensing and other disabilities, and can restore firearm and civil rights. It is also frequently the first step before sealing the record under ARS 13-911 for a fuller result.
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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.
