If you have been convicted of a criminal offense, upon fulfillment of the conditions of probation or sentence, and discharge by the court, you may apply to the judge who pronounced sentence to have the judgment of guilt set aside. If the judge grants the application, he/she will sign an order setting aside the judgment of guilt. The order will state in part that: the person be released from all penalties and disabilities resulting from the conviction. This statement is not synonymous with expungement.

In general, expungement refers to the physical removal of the fact of conviction from a person’s criminal offense record. In Arizona, the court grants the application to set aside, the court will notify the department of public safety. The department of public safety will update the person’s criminal history with an annotation that the conviction has been set aside but may not redact or remove any part of the person’s record.

A.R.S. § 13-905 does not:

• Require a law enforcement agency to redact or remove a record or information from the record of a person whose conviction is set aside.
• Preclude the department of public safety or the board of fingerprinting from considering a conviction that has been set aside when evaluating an application for a fingerprint clearance card.

If a conviction is set aside, the person’s right to possess a gun or firearm is restored. This does not apply to a person who was convicted of a serious offense as defined in A.R.S. § 13-706.

A conviction that is set aside may be:

• Used as a conviction if the conviction would be admissible had it not been set aside
• Alleged as an element of an offense
• Used as a prior conviction
• Pleaded and proved in any subsequent prosecution of the person by this state or any subdivision of this state for any offense
• Used by the department of transportation

Different employers may have different policies and procedures on how they address applicants who have had a past criminal conviction. If you have had a past conviction and you have had the judgment of guilt set aside, make sure that you retain copies of the order setting aside judgment so that you can provide those copies to your employer or potential employer upon request. If you still have questions, you may wish to seek the advice of an attorney.

Applications to set aside judgment does not apply to a person who was found responsible on a civil traffic or civil code violation or convicted of any of the following:

• A dangerous offense
• An offense for which the person is required to register as a sex offender
• An offense for which there has been a finding of sexual motivation
• A felony offense in which the victim is a minor under 15 years of age

If the court grants an application to set aside for a misdemeanor offense, it will issue a certificate of second chance if a person has not previously received one. A certificate of second chance does the following:

• Unless specifically excluded by A.R.S. § 13-905 releases the person from all barriers and disabilities in obtaining an occupational license issued under Title 32 that resulted from the conviction if the person is otherwise qualified.
• Provides an employer of the person with all the protections that are provided pursuant to section 12-558.03.
• Provides another person or an entity that provides housing to the person with all of the protections limiting the introduction of evidence that are provided to an employer pursuant to section 12-558.03 subsection B.
• It is not a recommendation or sponsorship for a promotion of the person who possesses the certificate of second chance when applying for an occupational license, employment or housing.

Application to Set Aside Judgement Time Table

• Application filed with the court
• State files responses within 30 days
• Defendant may file a reply to State's response within 15 days
• Court rules or sets a hearing within 120 days of the application being filed

Application to Set Aside Judgment