A.R.S. § 13-905

Set Aside Your Arizona Conviction

A successful set-aside vacates the judgment of guilt, releases you from most penalties, and may issue a Certificate of Second Chance with added employment, licensing, and housing protections.

What set-aside actually does

A set-aside is the closest thing Arizona has to "undoing" a conviction. Under A.R.S. § 13-905, the court enters an order vacating the judgment of guilt and dismisses the charges. The conviction stops carrying most of its civil and legal consequences.

After a set-aside:

• You can truthfully answer that you have not been convicted in most non-criminal contexts (private employment, housing, schools)
• For most non-serious offenses, firearm rights are automatically restored by operation of § 13-905(O) when the set-aside is granted
• If you've been discharged long enough, the court may issue a Certificate of Second Chance — adds protection for occupational licensing decisions, employer negligent-hiring claims, and tenancy refusals

A set-aside is not the same as sealing. The record still exists in court files and on background checks unless you also seal it. Many people who qualify for both file them together for maximum effect.

Who qualifies

You qualify to apply for set-aside if all of the following are true:

• You were convicted of an offense (set-aside vacates a judgment — there must be one to vacate)
• You completed your sentence — probation finished, or absolute discharge from prison received
• The offense is not in the § 13-905(P) exclusion list (see below)
• You have no open criminal cases or active warrants

There is no statutory waiting period for set-aside. You can apply immediately upon discharge. The Certificate of Second Chance has its own timing rules (see below).

Who doesn't qualify

§ 13-905(P) excludes the following from set-aside relief entirely — meaning the court cannot grant a set-aside at all:

• Dangerous offenses (use of a deadly weapon, serious physical injury) — § 13-905(P)(1)
• Sex-registration offenses under § 13-3821 — § 13-905(P)(2)
• Sexual-motivation findings under § 13-118 — § 13-905(P)(3)
• Offenses with a victim under 15 — § 13-905(P)(4)
• DUI and most Title 28 traffic offenses — § 13-905(P)(5) — however, DUIs are still eligible for sealing under § 13-911

Certificate of Second Chance

If granted, a Certificate of Second Chance gives you these added protections beyond a basic set-aside:

• Occupational licensing: licensing boards may not deny solely because of the conviction
• Employer negligent-hiring: employers may not be sued in negligent-hiring claims arising from the conviction
• Tenancy: landlords may not deny housing solely because of the conviction

Eligibility timing for the Certificate:

• Class 4, 5, or 6 felony: 2 years from absolute discharge
• Class 2 or 3 felony: 5 years from absolute discharge
• Misdemeanors: eligible at the time of set-aside

The court has discretion to grant or deny the Certificate even if you meet the timing requirement. A persuasive personal statement matters — that's why the packet we prepare includes a guided personal-statement template.

How long does it take to set aside a conviction in Arizona?

Most set-aside applications are decided without a hearing by the assigned judge. Typical timeline is 30 to 120 days from filing. The prosecutor has 30 days to file objections; if your case had a victim, the victim has notice rights and may submit a statement.

If a hearing is set, you'll receive notice by mail. Most discretionary set-asides are granted on the papers when the application is well-prepared and the eligibility checklist is met.

What you get from us

For $750:

• The official AZ Superior Court application with your information pre-filled
• A pre-fill review checklist so you can verify every checkbox before signing
• County-specific filing instructions for any AZ Superior Court county
• A personal-statement template with prompts targeted at the discretionary factors a judge will weigh
• Required-attachments checklist (Discharge from Probation, Certificate of Absolute Discharge, payment history)
• Certificate of Second Chance request included if you're eligible

The court charges no filing fee for a set-aside application.

Set-aside vs. sealing — should I file both?

In most cases, yes. They do different things:

Filing both maximizes the legal benefit. The court can grant set-aside immediately, and sealing later when the waiting period is met. Many people file set-aside first, then sealing once they've waited the required time. Our screening evaluates both at once and tells you the best filing strategy for your case.

How it works

1. Free 3-minute screening — eligibility checked against current statute.
2. Sign up to save results — free account, magic-link sign-in, no password.
3. Fill out your case detail form — saves automatically, come back anytime.
4. Submit and pay — $750 once, packet generates immediately.
5. Print, sign, file — county-specific filing instructions included.

When you should hire an attorney instead

Most clean set-aside applications don't need representation. Hire a licensed Arizona attorney if:

• The prosecutor is likely to oppose (e.g., victim-impact case, recent offense)
• A prior set-aside was denied
• The offense classification is borderline (could it be argued as non-dangerous?)
• You're seeking unusual relief (modified Certificate of Second Chance terms, etc.)

We'll flag in your screening result if your case warrants an attorney rather than self-filing.

Frequently asked questions

Related services

• Seal Your Record under § 13-911 — file alongside set-aside for full effect
• Restore Civil Rights under §§ 13-907, 13-908
• Restore Firearm Rights under § 13-910

Take the free screening — we evaluate all five paths at once.