Having a criminal record can make daily life more stressful. It can affect your job, housing and professional licenses.
Arizona law allows you to have certain convictions set aside, giving you a chance to move forward. Whether you have a misdemeanor or felony, understanding Arizona’s rules is the first step toward a fresh start.
Who can seek to have a conviction set aside in Arizona
Not every conviction in Arizona can be set aside.
You may be eligible if your case ended in a conviction, dismissal or deferred sentence, depending on the offense. When you successfully complete a deferred sentence, the court dismisses the case without entering a conviction. You may be able to have that dismissal set aside, which can help limit public access to the record.
Some misdemeanors are easier to set aside than felonies. However, certain misdemeanors are ineligible and some felonies may qualify after long waiting periods or under specific programs. Convictions, like violent crimes or DUI, may also have longer waiting periods or restrictions. Certain offenses are never eligible, which includes murder, sex offenses requiring registration and some traffic crimes
How the expungement process works
Setting aside a conviction is not automatic, so you may start the process by filing a motion with the court. You may need to notify the prosecutor and attend a hearing. Before filing, consider key factors the court may review:
- The nature and details of the offense
- Whether you completed your sentence, probation and any restitution or state requirements
- Any past or later convictions
- The victim’s input and any unpaid restitution
- How much time has passed since your sentence ended
- Your age at the time of the conviction
- Any other relevant factors
You may still need to disclose your conviction for certain professional licenses or government positions, even after the court sets it aside.
A path to a clean slate
Having a conviction set aside can improve your opportunities and give you peace of mind. Learning Arizona’s rules is the first step in taking control of your record.
A criminal defense attorney may help evaluate your situation, file the motion to set aside conviction and present your case to the court. When you have proper guidance, you can take meaningful steps toward a fresh start and greater freedom in your personal and professional life.
