In the state of Arizona, convictions stay on your record until you are 99 years old. So what are your options if you’ve been convicted of a crime, served your time in jail, completed any and all compulsory anger management and/or addiction courses, and finished your probation? You’re ready to go back to work, but you still have a conviction on your record.

While Arizona does not have expungement laws (expunge, meaning to erase or conceal the record completely), individuals do have the opportunity to request their conviction be “set aside.”

What are the difference between these two judicial processes? Who qualifies for a Set Aside? And what do you need to do to clean up your record in Arizona? We’ll walk you through each of these questions, step-by-step.

Expungement vs Set Aside

What is the difference between an expungement and a Set Aside, and what does this mean in the state of Arizona? An expungement is the removal or concealment of a criminal offense from an individual’s official criminal record (and, in theory, their public record as well). This is done on both the state and federal level. On the other hand, a Set Aside does not delete or conceal the record, but instead, shows that the individual in question has completed all mandatory sentences, fines, and probation, and no pending charges exist.

It is important to remember that a Set Aside still means that anyone who does an extensive background check on you will be able to see your previous conviction; however, they will also be able to see that you have successfully completed all aspects of your sentence.

Who Qualifies for a Set Aside?

An individual who has committed a small infraction, such as theft, is a viable candidate for a Set Aside so long as they’ve completed the full scope of their sentencing (including probation). An individual who is still on probation is not permitted to have their conviction set aside.

Other individuals who are not eligible for a Set Aside include anyone who has committed a serious offense: serious physical injury, assault with a deadly weapon, victim under the age of 15, sexual assault, etc.

For anyone convicted of two or more felonies, you must wait two years after the end of your completed sentence (probation included) before you will be eligible to apply for a Set Aside.

Arizona Set Asides only apply to individuals who have been convicted of a crime in the state of Arizona. This is not determined by your residency, but rather, where the crime in question took place.

The Benefits of a Set Aside

Why get a conviction set aside? There are numerous benefits to having your judgment Set Aside, both in the eyes of the law as well as when it comes to the return of some key civil liberties.

On average, having your judgement set aside can make it easier to find a job, as well as – in many cases – renew your second amendment right to bear a firearm. Other restored civil liberties include your right to vote as well as your right to serve on a jury.

For individuals convicted of a serious offense (as defined above), a petition can be made to restore your Second Amendment right ten years after the completion of your last sentence. However, it is important to note that if the serious crime committed was the intentional assault of another person resulting in (or with the intended result of) physical injury, firearm rights cannot and will not be restored.

Expungements, Set Asides, and Juvenile Records

Juvenile offenders 18 or older also have the opportunity to have past convictions set aside using a similar process. Similar to the structure outlined for adult convictions, certain juvenile convictions do not qualify to be set aside, such as assault with a deadly weapon or driving under the influence of alcohol or drugs.

Again, like their older counterparts, juveniles are only eligible for a Set Aside if all portions of the sentence – including any and all financial restitutions – are completed and paid in full.

However, unique to juvenile offenders is the ability to have criminal records be destroyed. (The state of Arizona calls this “destruction” rather than “expungement.”) In the eyes of Arizona law, in order to fully qualify for the destruction of one’s records, it must be in the full interest of justice to do so.

How Do You Get a Judgement Set Aside?

To achieve a Set Aside, you must petition the court to clear your record of all charges. It is up to the court (the judge) to deliberate on your case and determine if the petition is successful, meaning that courts and police cannot give your arrest record to anyone.

Wiping the Record: Arguments For and Against “Set Aside”

The benefits of record expungement and “set asides” are often argued by citizens throughout the United States, and Arizona law is no exception. Many believe that these processes are needed for the purpose of rehabilitating convicts and reintegrating them back into mainstream society, while others believe the process to be unfair.

For example, it is often difficult for those convicted of a crime to find a job. In the process of an interview, this crime – regardless of how much time has passed since the completion of the sentence – will appear on a criminal record check (a.k.a. criminal background check) and, as a result, the individual may be unable to gain employment. Having a Set Aside policy in place allows potential employers to see that this individual has completed all aspects of sentencing related to the conviction.

One opposing argument to the concept of “setting aside” comes from the idea that the judicial system should never get in the way of individual companies and employers receiving truthful answers about those they’re interviewing. Specifically, the government should not be allowed to block any relevant information from getting to companies looking to hire new employees, landlords looking to lease space, etc.

While some believe this process inspires and encourages rehabilitation, others believe it is allowing convicted criminals a “free pass” by forgiving their actions too easily. To this day, a consensus on this matter does not exist, and groups throughout the nation continue to disagree about this approach.

Do You Need a Lawyer?

Yes, as previously stated, hiring a knowledgeable lawyer is key to getting your record set aside. Keep in mind that you’ll want to specifically seek a lawyer experienced in Arizona Set Asides and not simply in expungement – as this can be defined differently in other parts of the country.

For juvenile offenders, seek out a lawyer who specializes in juvenile Set Asides or record destruction.

Don’t navigate the world of set asides alone. You’ll want an experienced expungement lawyer who can advocate for you in and out of the courtroom.

If you need help finding a lawyer specialized in “setting aside a judgement” in Arizona, directories like Justia, Avvo, and FindLaw can help you focus your search to the candidates that best meet your needs. Do your research, find someone knowledgeable about the subject, and don’t be afraid to ask questions.