A past criminal conviction can follow you in ways that go far beyond whatever sentence you served. Job applications, housing searches, professional licenses, and even volunteer opportunities can all be affected by what shows up on a background check. The good news is that Arizona law gives many people a path forward. At Cates & Reed PLLC, our post-conviction services include helping clients pursue every available option to clear or limit the impact of a past conviction.
Does Arizona Law Allow for Expungement?
This is the first question most people ask, and the honest answer is: not in the traditional sense. Most states allow for expungement, which permanently removes a conviction from your record as if it never occurred. Arizona works differently. For most convictions, Arizona offers a set-aside, not an expungement. Understanding the difference matters before you move forward.
An important exception to the general rule exists. In 2020, Arizona voters passed Proposition 207, which legalized recreational marijuana and created an expungement process, but only for specific past marijuana-related convictions. If you were convicted for marijuana possession, use, or paraphernalia in amounts that are now legal, you may be eligible for a true expungement. The expungement would remove the conviction from your record entirely. An attorney can help you begin the expungement process if you qualify.
For everyone else, the set-aside process under Arizona Revised Statutes § 13-905 is the primary route available. It is a meaningful form of relief, but it works differently than what many people expect, and knowing what it can and cannot do will help you make informed decisions about your case.
What Does a “Set Aside” Mean in Arizona
When an Arizona court grants a set aside, it vacates the judgment of guilt. The charge against you will be dismissed. However, your record is not erased. The conviction still appears in background checks, but it is marked as set aside and dismissed. Employers, landlords, and licensing boards can see that you completed all the requirements of your sentence and that the court found it appropriate to grant you relief.
In practical terms, a set-aside can meaningfully improve your chances in job searches and housing applications. It also affects civil rights. Once a set-aside is granted, many of the penalties and disabilities attached to a conviction are lifted, including, in many cases, the right to possess a firearm. It does not automatically restore all rights in every situation, which is another reason an attorney should guide you through the process.
Arizona also added a Certificate of Second Chance to the set-aside process, which goes a step further by protecting employers and landlords who choose to hire or rent to someone with a prior conviction. This certificate was designed to reduce the hesitation that employers sometimes feel when a set-aside conviction shows up on a background check, and it can make a real difference in how your application is received.
Am I Eligible for an Expungement in Arizona?
Not every conviction is eligible. Arizona law excludes certain categories of offenses from the set-aside process entirely. Crimes that involved a dangerous weapon or dangerous instrument, offenses requiring sex offender registration, crimes against children, and convictions that resulted in serious physical injury to a victim are among those that cannot be set aside. If your conviction falls into one of these categories, other post-conviction options may still exist, and we can walk you through what is available.
For eligible convictions, the court looks at several factors when deciding whether to grant a set aside. These include how much time has passed since your conviction, your compliance with all terms of your sentence, your overall criminal history, and the nature and circumstances of the offense. Having legal representation when you petition for a set-aside can significantly improve your chances, because the petition needs to be framed in a way that speaks to what the court is actually looking for.
How the Set-Aside Process Works
The set-aside process begins with filing a petition in the court where you were originally convicted. The petition must be complete and accurate, and it should clearly explain why you qualify and why granting the set-aside serves the interests of justice. Errors in the filing or missing documentation can delay the process or result in denial.
Once filed, the court typically reviews the petition and may hold a hearing. The prosecutor’s office often has the opportunity to weigh in, which is another reason having an attorney in your corner is useful. We know how to present your petition in the strongest possible light and address any objections before they become obstacles.
Timing matters. If your conviction involved a drug offense, you may want to evaluate whether the marijuana expungement route is available to you before pursuing a set aside, since expungement offers stronger relief. For other types of convictions, pursuing the set aside as soon as you are eligible can make a significant difference in how quickly you start to feel the benefits.
Why This Matters More Than People Realize
A conviction on your record does not just affect your employment. It can affect your ability to rent housing and your eligibility for federal student loans. It can also affect your prospects for professional licensing in fields like healthcare, finance, and law, and in some cases your immigration status. The collateral consequences of a criminal conviction reach into almost every corner of a person’s life, and they do not automatically go away when a sentence is served.
We also see situations where a conviction from years ago suddenly becomes relevant again. A domestic violence conviction, for example, can affect custody proceedings or future criminal matters if new allegations arise. Taking action to address an old conviction before it creates new problems is almost always a better approach than waiting until it does. If you are unsure whether your conviction is eligible or which form of relief makes the most sense for your situation, our attorneys are here to help you.
Contact a Criminal Defense Attorney in Arizona
A past conviction does not have to define your entire future. You may have a path to relief under Arizona law, and at Cates & Reed PLLC, we are here to help you find the right one. Whether you are pursuing a marijuana expungement, a set-aside, or another form of post-conviction relief, our team will review your case, explain your options, and fight to get you the best possible outcome. Contact us today to talk through your case and start moving forward.