Which Criminal Convictions Can Be Set Aside in Arizona? [Infographic]

Which Criminal Convictions Can Be Set Aside in Arizona

Which Criminal Convictions Can Be Set Aside in Arizona

In some states, a criminal conviction can be erased or sealed, which is known as an expungement.

Arizona does not have an expungement law, but it does have what is known as a judgment of guilt "set aside".

A “set aside” vacates your judgment of guilt, which will help convicted individuals:

  • Clear a Criminal Record

  • Correct Any Mistakes in a Criminal Record

  • Be Viewed More Favorably by Employers

Section 13-907 of the Arizona Revised Statutes states, a set aside releases individuals from all penalties and disabilities resulting from the conviction.

There are some convictions that may not be set aside.

Criminal Convictions That Can Be Set Aside

The vast majority of criminal convictions in Arizona can be set aside, including:

  • DUI Convictions

  • Reckless Driving Convictions

  • Shoplifting

  • Misdemeanor Assault

  • Burglary

  • And More

Convictions That Cannot Be Set Aside

Section 13-907 says that a set aside cannot apply to persons who were convicted of criminal offenses that:

  • Involved a dangerous offense (using a gun, knife or car as a weapon or instrument of crime)

  • Involved a victim who was a minor under 15 years of age

  • Inflicted serious physical injury

  • Involved driving on a suspended or canceled license

  • Violated local ordinances related to stopping or operating a vehicle

If you are unsure whether your criminal conviction is eligible for a set aside, contact us to talk to an Phoenix criminal defense attorney who will help you understand your legal options.