Set-Asides in Arizona
You finished your sentence, but the conviction may still stand between you and a job, a license or a fresh start. A set-aside can help, and it is worth understanding what it does before you apply.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We take a meticulous approach to every step of this process, because the details matter.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: A.R.S. § 13-905 lets most people apply to have the judgment of guilt set aside after they complete probation or their sentence and are discharged by the court.
- Who qualifies: Most misdemeanor and felony convictions. Dangerous offenses, offenses that require sex offender registration, offenses with a finding of sexual motivation and felonies where the victim was under fifteen are excluded by § 13-905(P).
- What it does: The court sets aside the judgment of guilt, dismisses the complaint, information or indictment and releases you from most penalties and disabilities under § 13-905(D). Your record is updated to show the set-aside.
- Where you apply: You, your lawyer or your probation officer apply to the court under § 13-905(B). The State and the victim can object.
- What to do now: Gather your sentencing order and proof of discharge, check the status of any restitution and talk with a lawyer about whether a set-aside, sealing or both fit your goals.
What the law says
Section 13-905(A) says that "every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the court to have the judgment of guilt set aside." The statute also says you must be told about this right at sentencing. The right is subject to the exclusions in § 13-905(P).
When the court reviews an application, § 13-905(C) lists the factors it considers:
- The nature and circumstances of the offense.
- Your compliance with the conditions of probation.
- Any prior or later convictions.
- The victim's input and the status of victim restitution.
- How much time has passed since you completed your sentence.
- Your age at the time of the conviction.
- Any other relevant factor.
Under § 13-905(H), the State or the victim must file any objection "within thirty days after the application is filed with the court." If an objection is filed, the court "may set a hearing." Under § 13-905(J), a victim has the right to be present and be heard. If the court denies the application, § 13-905(I) requires it to state its reasons in writing and on the record.
Who qualifies
| Conviction | Can it be set aside? | Certificate of second chance (§ 13-905(K)) |
|---|---|---|
| Misdemeanor | Yes, unless excluded | Included in the order |
| Class 4, 5 or 6 felony | Yes, unless excluded | Included if at least two years have passed since you fulfilled your probation or sentence |
| Class 2 or 3 felony | Yes, unless excluded | Included if at least five years have passed |
| Dangerous offense | No (§ 13-905(P)(1)) | Not available |
| Offense requiring registration under § 13-3821 | No (§ 13-905(P)(2)) | Not available |
| Offense with a finding of sexual motivation under § 13-118 | No (§ 13-905(P)(3)) | Not available |
| Felony where the victim was a minor under fifteen | No (§ 13-905(P)(4)) | Not available |
Under § 13-905(L), you cannot receive a second certificate if you already received one on the set-aside of a felony conviction. If your order did not include a certificate, § 13-905(N) lets you apply for one later once you meet the timing in § 13-905(K).
What a set-aside does and does not do
A set-aside sets aside the judgment of guilt. It does not erase the conviction. Under § 13-905(F), the Department of Public Safety must add a note to your criminal history that the conviction was set aside, but it "may not redact or remove any part of the person's record."
Under § 13-905(E), a set-aside conviction can still be:
- Used as a conviction if it would be admissible had it not been set aside.
- Alleged as an element of an offense, or used as a prior conviction.
- Pleaded and proved in any later prosecution by the State or a city or county.
- Used by the Department of Transportation in enforcing certain title 28 sections, including § 28-3319.
- Used as the basis for a lifetime injunction under § 13-719.
Section 13-905(G) also says a set-aside does not require law enforcement to remove records, and it does not stop the Department of Public Safety or the board of fingerprinting from considering the conviction for a fingerprint clearance card.
The certificate of second chance
Under § 13-905(M), the certificate releases you from barriers to an occupational license under title 32 that came from the conviction, if you are otherwise qualified. It also gives an employer the protections in § 12-558.03, and gives a housing provider certain protections that limit the use of evidence against it. The statute says the certificate is not a recommendation of the person.
Consequences that can remain
Your record. Avoiding jail is not the same as avoiding a conviction, and a set-aside does not remove the case from your history. If you want the records closed to the public, look at record sealing under A.R.S. § 13-911, which has its own waiting periods and limits.
Firearms and civil rights. Under § 13-905(O), when a conviction is set aside, "the person's right to possess a firearm is restored," except for a person convicted of a serious offense as defined in § 13-706. Separately, A.R.S. § 13-907(A) automatically restores civil rights lost through the conviction for a person with no prior felony who completes probation or receives an absolute discharge from imprisonment and pays all victim restitution. Federal firearms law has its own rules, so read our prohibited possessor page before you buy or carry a gun.
Immigration. Federal immigration law, including 8 U.S.C. § 1227(a)(2), sets its own rules about which convictions matter. An Arizona set-aside may not change how federal immigration authorities view a case. If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea, and before you rely on a set-aside.
Driving. Under § 13-905(D), the set-aside does not release you from penalties imposed by the Department of Transportation under the listed sections, such as an ignition interlock requirement under § 28-3319.
How we help with set-asides
- Checking eligibility. We review the conviction, the class and any findings to see whether § 13-905(P) applies, and whether you have been discharged.
- Building the application. We address each factor in § 13-905(C), including what you have done since the case and the status of restitution.
- Responding to objections. If the State or the victim objects within the thirty day window, we can respond and prepare for a hearing if the court sets one.
- Planning the next step. We look at whether sealing, a certificate of second chance or a separate firearm rights petition fits your goals.
You can learn more on our record sealing and set-asides page, including how these tools work together.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
No. The court sets aside the judgment of guilt and dismisses the charging document, but § 13-905(F) says your criminal history is annotated, not removed. The conviction can still be used in the ways listed in § 13-905(E). Sealing is a separate process with different effects.
You can apply once you have fulfilled the conditions of your probation or sentence and the court has discharged you. Section 13-905 does not set a separate waiting period, but the court considers how much time has passed. Timing also affects whether you receive a certificate of second chance.
Under § 13-905(O), a set-aside restores the right to possess a firearm under Arizona law, except for a person convicted of a serious offense under § 13-706. Federal law can still apply. Talk with a lawyer before you possess a firearm.
Section 13-905 does not contain a provision allowing that, and the set-aside conviction can still be used in the ways the statute lists. Sealing under § 13-911 includes a separate rule about what you may say on many applications, with exceptions. Ask a lawyer which applies to your situation.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 13-905: Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance
- A.R.S. § 13-907: Automatic restoration of civil rights for first offenders; firearm rights
- A.R.S. § 13-911: Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition
Cornell Legal Information Institute
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