Set Aside Information

WHO CAN APPLY TO HAVE A JUDGMENT OF GUILT SET ASIDE?

Every person convicted of a criminal offense who as fulfilled all conditions of their probation or sentence and had their case discharged by the court may apply to have the judgment of guilt set aside pursuant to ARS § 13-905. You CANNOT have your conviction set aside if you were convicted of:

  1. A dangerous offense; OR
  2. A sex offense for which the person is required or ordered by the court to register pursuant to Arizona Revised Statutes (A.R.S.) § 13-3821; OR
  3. An offense for which there has been a finding of sexual motivation pursuant to § 13-118; OR
  4. A felony offense in which the victim is a minor under fifteen years of age.

WHAT DOES IT MEAN TO HAVE A JUDGMENT OF GUILT SET ASIDE?

  • If the judge sets aside the judgment of guilt, the complaint, information, or indictment is dismissed, and you are released from all penalties and disabilities resulting from the conviction EXCEPT those imposed by:
    1. The Department of Transportation pursuant to A.R.S. §§ 28-3304, 28-3305, 28-3306, 28-3307, 28-3308, 28-3312, and 28-3319; AND
    2. The Game and Fish Commission pursuant to A.R.S. §§ 17-314 or 17-340.

    The penalties and disabilities are any conditions imposed upon you as a result of the conviction, but DO NOT include the terms imposed as a part of your sentence.

    WHAT A SET ASIDE DOES NOT DO:

  •  A set aside DOES NOT erase the conviction from your record. Your record reads that the conviction was set aside.

  • A set aside DOES NOT mean that you can answer “No” to a direct inquiry of whether you have ever been convicted. You must answer “Yes”, but you may qualify that answer with the information that the conviction was set aside.

  • A set aside DOES NOT prevent the State from using the conviction in any subsequent criminal proceeding.

  • A set aside DOES NOT include the refunding of fines (these are part of the condition of your sentence that must be met before a set aside can be granted).

  • A set aside DOES NOT prevent the ADOT Motor Vehicle Division or the Game and Fish Commission from enforcing the statutes referenced above.

CERTIFICATE OF SECOND CHANCE INFORMATION SHEET

WHO CAN APPLY FOR A CERTIFICATE OF SECOND CHANCE?

To qualify, the court must first grant an application to set aside the judgment of guilt. Once qualified, any person convicted of a misdemeanor that has not previously received a certificate of second chance may apply. Arizona Revised Statutes (A.R.S.) § 13-905(K).

WHAT DOES IT MEAN TO HAVE A CERTIFICATE OF SECOND CHANCE?

•  If the judge issues a certificate of second chance, it:

  1. Unless specifically excluded by A.R.S. § 13-905, releases the person from all barriers and disabilities in obtaining an occupational license issued under title 32 that resulted from the conviction if the person is otherwise qualified.
  2. Provides an employer of the person with all of the protections that are provided pursuant to A.R.S. § 12-558.03.

  3. Provides another person or an entity that provides housing to the person with all of the protections limiting the introduction of evidence that are provided to an employer pursuant to A.R.S. § 12-558.03(B).

WHAT A CERTIFICATE OF SECOND CHANCE DOES NOT DO:

A certificate of second chance is not a recommendation or sponsorship for or a promotion of the person who possesses the certificate of second chance when applying for an occupational license, employment or housing.

NOTICE:

The judge has discretion to grant or deny (without explanation) any application to set-aside judgment

Set aside 2nd chance application.pdf