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As you probably already know, a large majority of employers today will conduct a background check on you as a potential employee. Also, with the internet, anyone can run a background check on you at any time for a small fee. While this may be discouraging news for you if you have a criminal record in Arizona, there is a good chance that you may be eligible to have your Arizona criminal record cleared. In Arizona, many convictions are eligible to be set aside.

We are experts at clearing Arizona criminal records, and we serve all 15 counties in Arizona. We have over 50 years of experience handling expungements and other record clearing cases, and that experience, coupled with our award-winning customer service, makes us the best choice to handle your case for you. Our qualified team of attorneys and staff at RecordGone.com will eagerly assist you in having your conviction set aside in Arizona.

How to Expunge an Arizona Misdemeanor or Felony Record

Arizona Revised Statute (ARS 13-905) allows defendants to petition the court to have their conviction set aside after they have satisfied all of the terms of their sentence. If the judge grants your set aside petition, you would be released from all penalties and disabilities that resulted from the conviction, except for those imposed by the Arizona Department of Transportation."

The following offenses are not eligible:

• Involving the infliction of serious physical injury. (See note below)
• Involving the use or exhibition of a deadly weapon or dangerous instrument.
• If you are required to register pursuant to ARS section 13-3821.
• If there was a finding of sexual motivation, pursuant to section 13-118.
• If the victim was a minor that was under fifteen years of age.
• A violation of section 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, except a violation of section 28-693 or any local ordinance relating to the same subject matter as section 28-693 (reckless driving).

Many of the disqualifying elements above are not defined at law. However, below we have provided some guidance that may help you understand if your specific case is eligible.

Infliction of serious physical injury is something that the judge determines on a case by case basis. We have been successful on cases where the victim had broken noses, broken wrist, black eyes, small knife wounds and many other injuries that required brief hospitalization. We have seen judges rule that the following makes a person not eligible: loss of a finger, permanent loss of vision, back injury that required extensive hospitalization and therapy, even though the person eventually made a full recovery.

Likewise, whether the offense involved the use of a deadly weapon or dangerous instrument is determined by the judge on a case-by-case basis. We have been successful on cases where the defendant used a small knife, a broken bottle and rolling pin. Firearms and long knives are typically found to be deadly weapons or dangerous instruments and therefore make the person ineligible to have their record set aside.

What factors are used by the Court when deciding to grant a set aside?

In 2018, Arizona House Bill 2312 added factors that the Court is required to consider when deciding whether to grant your petition for set aside. They are as follows: - The nature and circumstances of the offense, - Compliance with the terms of your probation, - Your criminal history record as a whole, - The victim's input if the victim asked for a chance to be heard, - If victim restitution has been paid, - Your age at the time of the conviction, and - Anything else that is relevant.

Certificate of Second Chance

Recently enacted by Arizona House Bill 2067, those previously convicted of eligible offenses are now eligible for a Certificate of Second Chance. A Certificate of Second Chance is an additional relief granted along with a conviction set aside. If your conviction is eligible, it will be automatically granted a Certificate of Second Change at the same time as your set aside. To be eligible for a Certificate of Second Chance, two years must have elapsed since you fulfilled the conditions of your case if convicted of a misdemeanor, Class 4, 5, or 6 felony. If convicted of a Class 2 or 3 felony, five years must have elapsed since completing the conditions of your sentence. A Certificate of Second Chance removes barriers to occupational licenses, employment, and housing due to your criminal conviction(s).

If you previously received a set aside before the August 2021 availability of a Certificate of Second Chance, you may apply for one now. Take our free eligibility test to see if you're eligible today!

AZ Felony and Misdemeanor Expungement (Set Aside) Law Benefits & Process

Setting aside your conviction will allow you to say that you have not been convicted of the offense. While this does not destroy or seal court records it changes them by removing the conviction. Once your conviction is set aside, it should not appear on reports from private background checks that are reporting convictions only. This can make a huge difference when applying for jobs in the private sector.

Although the court records will be updated to show that the guilty plea is withdrawn and that the case was dismissed, the conviction can still be used against a person to enhance the sentence of any future conviction or alleged as an element of another offense.

Beginning in 2021, a set aside of a conviction will also include a Certificate of Second chance if the applicant meets the requirements.

The average set aside takes approximately 3 to 4 months in most Arizona courts. The courts process and schedule the set aside petitions in the order in which they are received. The sooner you sign up to begin the process, the sooner your conviction can be set aside.

Maricopa Superior Court tends to be the most difficult court to have a conviction set aside. While there are always exceptions, for cases in Maricopa Superior Court, we typically recommend that people wait at least 3 years from the completion of their sentence if it is their first offense and 5 years if it is their second offense.

Overall success rate on Arizona cases outside of Maricopa Superior Court is above 85%. Please keep in mind that all cases are different and they should be evaluated individually.

Below is a list of some our recent successful Arizona cases:

• Possession Burglary Tools - Misdemeanor from 1996 - Maricopa Superior Court
• Domestic Violence - Misdemeanor from 2009 - Florence Municipal Court
• Burglary - Felony from 1995 - Yuma County Superior Court
• Contributing to the Delinquency of a Minor - Misdemeanor from 2009- Tucson Municipal Court
• Attempted Transportation of Marijuana for Sale - Felony from 2003 - Maricopa Superior Court
• False Report to Law Enforcement - Misdemeanor from 2008 - Gilbert Municipal Court
• Shoplifting-Removal of Goods - Misdemeanor from 2013 - Avondale Municipal Court
• Assault - Misdemeanor from 2007 - Phoenix Municipal Court

We charge one flat fee for an Arizona set aside. For that fee, we will handle your case from the very beginning until the very end, handling all aspects of the case. This includes conducting the required research to obtain the necessary information on your case, filing the set aside petition with the court, responding to any objections or opposition from the District attorney and sending an attorney to argue your case in court if there is a hearing scheduled.

As we handle your case for you, you will be able to monitor the progress on our online case management system, which allows you to receive a status update on where we are 24 hours a day, seven days a week. We have handled more than 1,000 Arizona record expungement cases. For your Arizona set aside, we provide you a money-back guarantee. We also offer a guaranteed low price for our set aside service. If you receive a lower quote from another attorney, just let us know and we will match that price.

View all of the Set Aside Frequently Asked Questions.