Are You Eligible for a Set Aside? 5 Signs Your Arizona Conviction Qualifies

Most people believe that once they’ve been convicted of a crime, the stain is permanent, following them for the rest of their lives. Whether it’s job applications, rental agreements, or even social opportunities, the weight of a criminal record can feel like a constant burden—a shadow that won’t go away. But what if I told you that Arizona offers a legal process to help clear that shadow? Enter the Set Aside, a second chance many people don’t even know exists.

In Arizona, a Set Aside allows you to have certain criminal convictions removed from public view, meaning they no longer appear in background checks by employers, landlords, or others who could use that information against you. According to ARS 13-905, a Set Aside is available for individuals who have completed their sentence, including probation, and have been discharged by the court. However, it’s important to note that a Set Aside doesn’t erase your conviction entirely—it acknowledges that you have paid your debt to society and are no longer defined by your past mistakes.

The beauty of a Set Aside goes far beyond cleaning up your record; it’s about reclaiming your freedom. Freedom from the stigma, the judgment, and the barriers that a criminal record creates in nearly every aspect of life. Imagine what it would mean for you: no more awkward explanations when filling out a job application, no more denials from housing or professional licensing boards because of a past conviction. Instead, a Set Aside allows you to show the world who you are now, not who you were then. The relief, peace of mind, and opportunities that come with it can truly change the course of your life. In short, a Set Aside is your chance to move forward, leaving your past where it belongs—in the past.

Take the Next Step Toward Freedom

If your conviction is holding you back, don’t wait to explore your options. A Set Aside could be the key to unlocking new opportunities that seemed out of reach. Imagine what your life could look like without the burden of your past weighing you down. Call our legal team today for a free phone consultation to learn more about how a Set Aside could change your future. You don’t have to carry the weight of your conviction forever.

Many people think a Set Aside is only about cleaning up their criminal record—and while that’s a huge part of it, the benefits reach far beyond that. Let’s break it down so you can fully understand just how impactful this process can be.

One of the most significant hurdles people with criminal convictions face is finding employment. Most employers run background checks as part of their hiring process, and even a minor conviction can lead to rejection. With a Set Aside, as defined by ARS 13-905, that conviction won’t show up on a background check, allowing you to compete fairly for jobs without having to explain your past. For those who have struggled with unemployment or low-paying jobs because of a conviction, this can be a game-changer. You can apply with confidence, knowing your past won’t haunt you.

Finding a place to live with a criminal record can be just as challenging as finding a job. Landlords are often reluctant to rent to individuals with a conviction, fearing potential risks. By setting aside your conviction, you can remove that barrier and improve your chances of being approved for housing. Whether you’re applying for an apartment or trying to secure a mortgage, a Set Aside can provide the clean slate you need.

In Arizona, certain civil rights, such as the right to vote or serve on a jury, can be affected by a criminal conviction. A Set Aside will automatically restore all civil rights. Imagine being able to vote in elections or participate fully in your community without your past conviction standing in the way.

Finally, and perhaps most importantly, a Set Aside offers peace of mind. Knowing your judgment of guilt has been Set Aside can bring a sense of closure and allow you to move forward confidently. Whether it’s in your personal or professional life, this legal process can help you leave your past behind and focus on building a brighter future.

What Offenses Can Be Set Aside? Know Your Eligibility

Not every conviction is eligible for a Set Aside in Arizona. The state has specific guidelines on which offenses can be Set Aside and which cannot, ensuring that this opportunity is reserved for individuals who meet certain criteria. Ineligible offenses include dangerous offenses involving the use of a deadly weapon or dangerous instrument, sex offenses requiring registration as a sex offender under Arizona law, sexually motivated crimes, and felony offenses against minors.

Applying for a Set Aside: What You Need to Know

Applying for a Set Aside might seem like a complicated legal process, but it doesn’t have to be overwhelming. In Arizona, you can apply for a Set Aside after you’ve completed your sentence or probation, including any fines or restitution payments. However, the court will consider several factors before granting your request, such as the nature and circumstances of your offense, compliance with all terms of your probation or sentence, any other convictions, input from the victim, whether restitution has been paid, and your age at the time of the conviction.

These factors help the court determine whether setting aside your conviction is in the interest of justice and whether you’ve demonstrated that you deserve a second chance.

Ready to Take the First Step?

If you think you’re eligible for a Set Aside but don’t know where to start, we’re here to help. Call our legal team today for a free phone consultation to discuss your case and begin the process of clearing your record. Together, we’ll work to give you the fresh start you deserve.

The thought of navigating Arizona’s Set Aside process can feel overwhelming, especially if you’re facing it for the first time. However, many of the common concerns people have are easily manageable with the right perspective and support. Let’s tackle a few worries you may have:

“I Don’t Have the Money to Hire a Lawyer”

Financial concerns are very real and valid. Legal fees can seem intimidating, but it’s essential to view them as an investment in your future. In Arizona, under ARS 13-905, a Set Aside can remove significant roadblocks in employment, housing, and personal life. Consider the long-term cost of missed job opportunities, which can add up to far more than the initial legal fees. In fact, some law firms, including ours, offer flexible payment options to make this process accessible.

“What If I Don’t Qualify? What If I Waste My Time?”

The idea of pursuing a Set Aside only to find out you’re ineligible can feel disheartening. However, Arizona law is specific about eligibility requirements for a Set Aside, and we can help you assess this in advance. Crimes involving a dangerous weapon, certain sex offenses, and felonies involving minors are generally ineligible. But for many other offenses, this process can lead to real, lasting relief. Our firm offers a free consultation, where we’ll review your case and give you a clear picture of your options.

“The Legal System is Confusing, and I Don’t Know Where to Start”

Feeling intimidated by the legal system is completely understandable. Legal terminology, complex forms, and procedural requirements make the process seem like a maze. But working with a lawyer can simplify things immensely. We break down each step, help gather the necessary paperwork, and ensure your application is both accurate and compelling. This guidance can make the process far more manageable, letting you focus on moving forward with your life.

The Long-Term Cost of Inaction

While your concerns are valid, consider what might happen if you choose not to pursue a Set Aside. Every missed job opportunity, rejected housing application, and unfulfilled ambition may stem from a past conviction on your record. Choosing to act can mean opening doors that would otherwise remain closed, offering you a true second chance to rebuild your life without your past casting a shadow over every opportunity.

Reclaim Your Future: Why Taking Action is Worth It

The decision to apply for a Set Aside under ARS 13-905 can lead to transformative benefits, allowing you to leave your past behind and embrace a fresh start. Here’s why it’s worth taking that leap:

Opening New Doors

Imagine applying for a job without fear that a background check will bring up your past. A Set Aside makes this a reality by legally dismissing the conviction. Whether you aim to secure a higher-paying job, pursue a new passion, or even start your own business, the possibilities are wide open when your record no longer holds you back.

Restoring Your Reputation

A Set Aside does more than improve your resume; it helps restore your standing in your community. Friends, family, and employers may often judge based on past mistakes, even if you’ve turned your life around. This process can give you a clean slate, allowing you to show that you’ve taken positive steps forward.

Creating a Positive Legacy

Applying for a Set Aside isn’t just about personal relief; it’s about setting an example. If you have children or younger family members, showing them that redemption and growth are possible is invaluable. Your actions can have a ripple effect, inspiring others in your community to pursue positive change and accountability.

A Path to Emotional Healing

Living with a criminal record can strain your mental health, bringing anxiety, fear, and uncertainty into daily life. Taking action to Set Aside your conviction is an empowering choice. It’s a commitment to personal growth and a significant step in emotional healing. With this new sense of control, you can look forward to a brighter, more secure future.

The Time to Act is Now

Every day that passes with your conviction unaddressed is a day where opportunities remain out of reach. Don’t let fear hold you back from reclaiming your future. Contact our legal team today for a free phone consultation, and let’s discuss how to get started on your journey toward a fresh start.

Start building the life you deserve—reach out today, and let’s take that first step together.

The Set Aside process under Arizona Revised Statutes 13-905 offers a vital opportunity to clear past convictions from public view. However, it comes with its own set of legal requirements, detailed paperwork, and specific eligibility criteria that vary based on the type and severity of the offense. Here’s how a lawyer’s expertise can ensure you stay on the right path and increase your chances of a successful outcome.

Expert Guidance on Legal Requirements

The eligibility requirements for a Set Aside can be complex. For example, certain severe crimes like sexual offenses, dangerous offenses involving serious physical injury, and crimes against minors are generally ineligible. A law firm who is well-versed in Arizona law can quickly determine if your conviction qualifies for a Set Aside, sparing you from missteps that could delay or jeopardize your application. They can also anticipate any potential challenges specific to your case and address them proactively, enhancing your application’s strength and alignment with legal standards.

Streamlined Application Process

The application process for a Set Aside requires detailed documentation, from proof of completed probation to any evidence showing your rehabilitation efforts since the conviction. Without legal guidance, it’s easy to overlook critical details. Lawyers can handle the complex paperwork for you, ensuring it’s accurate, complete, and backed by the appropriate documentation. For example, they will compile documents that showcase your progress and rehabilitation, presenting your story in a compelling way that aligns with legal requirements.

This level of meticulous preparation helps expedite the court’s review, giving your application the best possible chance of success. With a lawyer by your side, you’re not just submitting a form; you’re presenting a well-crafted argument that illustrates why you deserve a second chance.

Enhanced Chances of Success

One of the most compelling reasons to have a lawyer represent you during this process is their ability to craft persuasive, individualized arguments. Lawyers experienced with Set Asides understand what factors judges prioritize and what makes an application stand out. They can also prepare for any questions or potential pushback, helping to mitigate any concerns that might arise during the review.

If a hearing is required, your lawyer will advocate on your behalf, respond to inquiries, and present your case effectively to ensure your voice is heard. This level of professional representation not only demonstrates your commitment to moving forward but also enhances your credibility in the eyes of the court.

Finding the Right Fit: Qualities to Look For

Choosing a lawyer to help with your Set Aside is a decision that can significantly impact your future. Here are some qualities to focus on:

• Experience with Set Aside Applications: Look for lawyers with experience in Set Aside filings under Arizona law. This area of law requires nuanced understanding, and a lawyer experienced in it can navigate the process smoothly and efficiently.

• Positive Client Testimonials: Past clients’ testimonials can offer insights into a lawyer’s reliability, expertise, and commitment to client success. For 5-Star testimonials from our satisfied clients, please visit Future First’s Google Reviews.

Want to Maximize Your Chances?

Hiring a lawyer for your Set Aside application isn’t just about following legal procedures—it’s about presenting your case in the strongest possible way. A lawyer’s support can turn a complex process into a manageable one, increasing your odds of leaving the past behind and moving forward with confidence.

Don’t leave your future to chance. Get in touch with our experienced legal team for a free phone consultation and take your first step toward a brighter, more promising future!

What is a Set Aside?
A Set Aside is a legal process under Arizona Revised Statutes 13-905 that allows individuals convicted of eligible offenses to clear their convictions from public records. Once granted, a Set Aside can improve opportunities for employment, housing, and community involvement by preventing convictions from appearing on background checks. This process empowers individuals to move forward without the restrictions of a visible criminal record.

Beyond a fresh start, a Set Aside can help ease the stigma of a criminal record. It opens doors to better job prospects, as many employers prefer candidates with clean records. Additionally, a Set Aside can enhance housing opportunities, helping individuals secure leases previously out of reach, and enable them to participate fully in society.

What offenses are excluded from being Set Aside?
Certain offenses are ineligible for a Set Aside under Arizona Revised Statutes 13-905(P), including:

• Dangerous offenses: Crimes involving violence or the threat of violence, such as aggravated assault or armed robbery, are excluded to ensure public safety.
• Offenses requiring court-ordered registration: Offenses like those under 13-3821, which mandate registration (often sex offenses), are excluded due to their significant public safety implications.
• Offenses with a finding of sexual motivation: Convictions with findings of sexual motivation under 13-118, indicating a sexual intent, are also ineligible.
• Felony offenses involving a victim under fifteen years old: Crimes involving minors are considered particularly serious and remain on record to protect vulnerable populations.

What types of convictions can be Set Aside?
Eligible convictions are outlined under 13-905(D). Many misdemeanors and select felony convictions qualify, provided they meet specific criteria. If the application is granted, the court will set aside the judgment of guilt, dismiss the complaint, information, or indictment, and release the individual from all penalties and restrictions resulting from the conviction, with the exception of those imposed by:

• The Department of Transportation under sections 28-3304, 28-3305, 28-3306, 28-3307, 28-3308, 28-3312, or 28-3319.
• The Game and Fish Commission under sections 17-314 or 17-340.
• A lifetime injunction issued under section 13-719.

Dismissals or arrests are not eligible for a Set Aside under this statute, meaning they will still appear on your record. However, Sealing Records is available for dismissals and arrests.

Common eligible offenses include minor drug or theft-related misdemeanors, while qualifying felony convictions depend on the crime’s nature and the completion of all sentencing requirements. This provides an avenue for individuals who have made positive changes since their conviction to reduce the impact of their record.

How does a Set Aside affect prior convictions?
Setting aside a conviction under 13-905 does not erase it entirely:

• Prior Convictions: The law still allows prior convictions to be considered in future legal matters (per 13-905(E)(3)). This means that while a Set Aside may make a conviction less visible, other past convictions can still influence legal outcomes.
• Civil Rights Restoration: A Set Aside automatically restores civil rights or firearm rights. Note: Per 13-905 Subsection (O) the law states: “Notwithstanding section 13-910, if a conviction is set aside, the person’s right to possess a firearm is restored. This subsection does not apply to a person who was convicted of a serious offense as defined in section 13-706.” 
• Fingerprints and Other Records: Even after a conviction is Set Aside, fingerprints and certain legal records can still be accessed if involved in future cases. Additionally, lifetime injunctions or certain violations (like game and fish violations under 13-719(F) and 17-314) may still apply, reflecting the need to understand the full scope of post-Set Aside legal status.

When can I apply for a Set Aside?
Applications can be submitted after completing all sentencing requirements, including probation or community service (Rule 29.1). It’s essential to have met all obligations to avoid delays or denial. Courts often view applicants more favorably if they can demonstrate evidence of rehabilitation, such as stable employment, education, or community involvement.

Where should I apply for a Set Aside?
Applications must be filed in the court where the original sentence was issued, as specified in Rule 29.2. Filing in the correct jurisdiction is critical to avoid rejections. Preparing a thorough application, including proof of completed sentencing and evidence of personal growth, strengthens your case and demonstrates your readiness to move forward.

What factors does the court consider when reviewing a Set Aside application?
When reviewing a Set Aside application, courts consider a variety of factors:

• Nature and circumstances of the offense: The severity and context of the crime are evaluated.
• Compliance with sentencing conditions: Completing all court-mandated conditions positively impacts your chances.
• Additional convictions: A history of convictions may influence the court’s decision.
• Victim input and restitution: For applicable cases, victim input and proof of restitution are factored in.
• Elapsed time since sentence completion: More time between sentencing completion and application often benefits the applicant.
• Age at conviction: Courts may consider younger offenders as having more potential for positive change.
• Evidence of rehabilitation: Proof of community service or self-improvement adds weight to your application.

Is a court hearing required for a Set Aside?
A hearing may be required and, if so, must occur within 120 days of the application (Rule 29.5 and 13-905(H)). During the hearing, you can present your case, address court concerns, and demonstrate your rehabilitation efforts. This is an opportunity to convey your commitment to a positive future.

When will the court make a decision on a Set Aside application?
Under 12-128.01 (Superior Court) and 11-424.02 (Justice Court), courts generally make a ruling within 60 days after the last application deadline or hearing. Knowing the timeline helps reduce anxiety by giving you a sense of when to expect an outcome.

What happens if my application for a Set Aside is denied?
If denied, 13-905(I) mandates that the court provide written reasoning. This feedback is valuable for understanding what might improve your application in the future. Rule 29.6(c) also allows for reapplication after addressing the reasons for the initial denial.

Can I appeal a denial of my Set Aside application?
Yes, under 13-4033, you may appeal the decision, requesting that a higher court review the initial ruling. This appeals process provides an opportunity to present new evidence or arguments that might not have been considered in the original application.

We’re Here to Answer Your Questions – Call Today!
If you think you may qualify for a Set Aside or have questions about the process, contact our legal team for a free phone consultation today. Don’t let a past mistake block your future. With our guidance, you can navigate the complexities of the Set Aside process and build a strong application that reflects your commitment to a better path. Take the first step toward a brighter, unrestricted future by calling us today!