Set Aside Information

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

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

  • Any offense involving the infliction of serious injury or the use of or exhibition of a deadly weapon or dangerpus instrument; OR
  • Any offense for which you are required or ordered by the court to register as a sex offender pursuant to A.R.S. §13-3821 (see A.R.S. 13-1402(B), 13-1403(B), 13-3822, 13-3824); OR
  • Any offense in which the victim is a minor under 15 years of age; OR
  • Driving on a suspended license (A.R.S. §28-3473) OR
  • Any local oridance relating to stopping, standing or operation of a vehicle; OR
  • Any viloation of Title 28, Chapter 3 (most civil traffic infractions, parking violations and equipment violations), except a violation of section 28-693 (reckless driving) or any local ordinance relating to the same subject matter as section 28-693 (reckless driving)

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

  • If the judge sets-aside the judgement of guilt, you are released from all penalties and disabilities resulting from the conviction
  • The penalties and disabilities are any condition imposed upon you as a result of the conviction, but DO NOT include the terms imposed as 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 prevent the State from using the conviction in any subsequent crimial proceedings
  • 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 from revoking or suspending your drivers license or nonresident operating privilage, or from requirong you to attend and successfully complete traffic survival school (A.R.S. §28-3304, A.R.S. §28-3306; A.R.S. §28-3307, A.R.S. §28-3398)
  • A set-aside DOES NOT mean that you can answer "No" to a direct inquiry of whether you have ever been convicted of a criminal offense. You must answer "Yes", but you may qualify that answer with the information that the conviciton was set-aside.

NOTICE:

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