Learn / Arizona Set-Aside

Arizona Set-Aside Guide (A.R.S. § 13-905)

Last updated May 2026. Reflects current § 13-905 law including subsection (P) exclusions.

What set-aside actually does

A.R.S. § 13-905 allows the court to "set aside" a judgment of guilt. The conviction itself is vacated, and a "set aside" notation is added to the record. The criminal record stays public — anyone running a background check can still find the case — but the conviction status changes from "convicted" to "set aside."

Many employers, especially those with formal "set-aside-friendly" policies, treat a set-aside conviction substantially differently from a live conviction. For some occupational licensing boards, a set-aside conviction is not disqualifying where a live conviction would be.

Set-aside also independently restores civil rights as a matter of law. For first-time AZ felons, civil rights are typically already auto-restored under § 13-907 at probation discharge. For others, set-aside accomplishes restoration without a separate § 13-908 application.

Set-aside vs. sealing — what's the difference

This is the most common point of confusion. Here's how they differ:

Most petitioners with eligible offenses file both: set-aside first to vacate the judgment, then sealing to hide it from public view. They're complementary remedies, both at $0 court filing fees.

Who can apply for set-aside

Excluded offenses (§ 13-905(P))

The (P)-list excludes:

• Dangerous offenses involving the use of a deadly weapon under § 13-704
• Sex offenses requiring registration
• Offenses against victims under 15
• Selected DUI categories where there was a victim
• Driving on a suspended license under specific aggravating circumstances

Notably, the (P)-list is narrower than the sealing (O)-list. Many offenses excluded from sealing are still eligible for set-aside.

Procedural conditions

To apply, you must:

• Have completed probation or received absolute discharge from prison
• Have paid all restitution in full
• Have paid all fines and fees
• Have no active warrants or pending charges

There is no statutory waiting period for set-aside. You can apply as soon as your sentence is fully discharged. Some petitioners deliberately wait to build a track record of rehabilitation, but that's a strategic choice, not a legal requirement.

The personal statement

Set-aside is discretionary. Even when statutorily eligible, the judge can deny if they don't think granting it serves the interests of justice. § 13-905(A) requires the court to consider:

• The nature and circumstances of the offense
• Compliance with all sentence terms
• Any prior or subsequent convictions
• Restitution payment
• The petitioner's age at the time of conviction
• Other factors the court considers relevant

In practice, the personal statement is the single most important factor in a discretionary set-aside decision. Judges read these. A weak or generic personal statement is the most common avoidable cause of denial.

A strong personal statement:

• Acknowledges the offense without minimizing it
• Explains how circumstances have changed (employment, family, recovery, education)
• Specifies WHY set-aside matters now — what concrete opportunity it unlocks
• Demonstrates remorse and accountability without performative excess
• Is concise (typically 1-3 pages — judges read many of these)

The process

1. File application with original court. Use the form provided by the court (or a properly-formatted alternate).
2. Serve the prosecutor. County attorney for felonies, city/town prosecutor for misdemeanors.
3. Prosecutor response (typically 30 days). Some counties have local rules with different windows.
4. Court ruling. Most uncontested set-asides are granted on the papers within 60-90 days.

If denied

Unlike sealing, set-aside denials do not trigger a refile waiting period. You can refile after curing whatever issue led to the denial — typically unpaid restitution, an active warrant, or a discretionary denial that suggests waiting longer or providing a stronger personal statement.