In Arizona, the process for removing a misdemeanor from your record is officially known as obtaining a "conviction set aside." This legal procedure is Arizona's closest equivalent to what many other states refer to as expungement. By having your conviction set aside, the court acknowledges that you have successfully completed your sentence and are taking steps toward rehabilitation, which can significantly improve your future opportunities.
Understanding a "Conviction Set Aside"
A conviction set aside does not erase the conviction from your criminal history entirely. Instead, it adds an official court order to your record indicating that the conviction has been "set aside." This distinction is important, as the record of the conviction itself may still appear in some background checks, but the accompanying set aside order provides a clear positive resolution. Both misdemeanor and felony convictions can be eligible for this process under Arizona law.
Eligibility Requirements for a Misdemeanor Set Aside
To be eligible to petition the court for a conviction set aside in Arizona, you must meet and complete all the terms and conditions of your original sentence. This is the fundamental requirement for the court to consider your petition. These conditions typically include:
- Completion of Jail Time: Any period of incarceration ordered as part of your sentence must have been fully served.
- Successful Completion of Probation: If you were sentenced to probation, it must have been completed without any violations or revocations.
- Successful Completion of Parole: If parole was part of your sentence, you must have successfully finished your parole period.
- Payment of All Fines and Fees: All court-ordered fines, surcharges, restitution, and other fees must be paid in full.
It's also important to note that while many misdemeanors are eligible, certain severe offenses or those involving serious bodily injury, sexual offenses, or certain traffic violations may have specific restrictions or be ineligible for a set aside.
The Process of Petitioning for a Set Aside
Once you have fulfilled all your sentence obligations, you can begin the process of petitioning the court for a set aside:
- Gather Documentation: Collect all relevant paperwork, including court disposition records, proof of completion for jail time, probation, or parole, and receipts for all fines, fees, and restitution paid.
- File a Petition: You must prepare and file a formal petition with the specific court where your misdemeanor conviction took place. This document typically outlines your original conviction, confirms your eligibility by demonstrating the completion of all sentence terms, and states why the set aside should be granted.
- Serve the Prosecution: After filing, you generally need to formally serve a copy of your petition to the prosecuting agency (e.g., city prosecutor or county attorney's office) that handled your original case. They will have an opportunity to review and potentially object to your request.
- Attend a Hearing (If Scheduled): The court may schedule a hearing where you or your legal representative can present your case to the judge. The prosecutor may also present their arguments. The judge will consider all factors, including your conduct since the conviction.
- Receive a Court Decision: The final decision rests with the judge's discretion. If granted, the court will issue an order setting aside your conviction.
Key Requirements for Application
| Requirement | Description | Proof/Verification |
|---|---|---|
| Sentence Completed | All terms of the sentence (jail, probation, parole) fully served. | Discharge papers, court compliance reports. |
| Financial Obligations | All fines, fees, and restitution paid in full. | Official court payment records, receipts. |
| No Pending Charges | No new criminal charges currently pending against you. | Background check (typically implied by court review). |
| Not an Ineligible Offense | Your specific misdemeanor is not one excluded by statute (A.R.S. 13-905). | Legal consultation. |
Benefits of a Conviction Set Aside
Obtaining a conviction set aside can offer several substantial advantages for your future:
- Improved Employment Opportunities: While the conviction isn't erased, the "set aside" notation often makes you a more attractive candidate to employers during background checks, demonstrating that you have resolved your legal obligations.
- Enhanced Housing Prospects: Landlords often conduct background checks, and a set aside can positively influence their decision to rent to you.
- Educational and Professional Licensing: It may ease the process of applying for educational programs or certain professional licenses that require background checks.
- Personal and Civic Benefits: A set aside can restore certain civil rights (though not all, like firearm rights for some offenses), offer a sense of closure, and officially recognize your rehabilitation efforts.
Seeking Legal Assistance
The process of petitioning for a conviction set aside can be intricate, requiring precise legal knowledge and adherence to court procedures. It is highly advisable to consult with an experienced Arizona criminal defense attorney. A lawyer can thoroughly review your eligibility, assist in gathering necessary documentation, prepare and file your petition, represent you in court, and provide valuable guidance throughout the entire process.
For more detailed information on Arizona's statutes regarding conviction set-asides, you can refer to the official Arizona Legislature website for A.R.S. 13-905.
