Arizona Set-Aside Attorneys (ARS 13-905)
Last updated: May 2026
Arizona historically did not allow "expungement" of adult convictions. The general remedy is a Set Aside under ARS 13-905. A set-aside does not erase the conviction — the record continues to exist and remains visible to most employers — but it vacates the judgment, dismisses the underlying charge, and orders the clerk to note "Set Aside" on the record. This release from many of the disabilities of conviction can matter for licensing, employment, and immigration.
Who is eligible?
Most felony and misdemeanor convictions are eligible once the sentence has been completed (including probation and restitution). Excluded offenses include those involving the infliction of serious physical injury, the use or exhibition of a deadly weapon, sex offenses requiring registration, and certain offenses against minors.
There is no fixed waiting period beyond sentence completion. Multiple convictions can be addressed in a single application if they were imposed by the same court.
The application process
The attorney files an Application to Set Aside in the convicting court. The prosecutor receives notice and may respond. The court considers factors including the nature of the offense, the petitioner's compliance with sentence terms, prior and subsequent convictions, the age at offense, the time since discharge, and any victim input.
If granted, the court enters an order setting aside the conviction. The clerk updates the docket. The court may also restore firearm rights at the same time under ARS 13-910 for eligible offenses.
New record-sealing remedy (ARS 13-911)
Effective January 1, 2023, Arizona enacted ARS 13-911 allowing many convictions to be sealed entirely after a waiting period (commonly 2 to 10 years depending on offense class). Sealing is more powerful than set-aside because the record is removed from public view. An attorney can evaluate whether set-aside, sealing, or both are appropriate for a given case.
Frequently asked questions
What is the difference between set-aside and sealing?
Set-aside leaves the record visible but releases the person from many legal disabilities. Sealing under ARS 13-911 removes the record from most public databases. Many petitioners pursue both where available.
How much does a set-aside cost?
Court filing fees are commonly under $100. Attorney fees depend on the attorney, the complexity of your case, and any related charges — ask any lawyer you contact for a written quote before you hire them.
Does set-aside restore my right to own a firearm?
For eligible offenses, an Application for Restoration of Civil Rights and to Set Aside Conviction can be filed together. Certain offenses (including most firearm offenses and serious offenses) are not eligible.
Will a set-aside conviction help with immigration?
Set-aside does not vacate the conviction for federal immigration purposes in many cases. An immigration attorney should review any case where status is at stake.
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