Set Aside of Criminal Convictions

Overview:

In Arizona, after an individual is convicted of a crime they have the right to set aside their conviction and restore their rights under certain circumstances. This process is often referred to as expungement. Expungement is a court-ordered process in which the legal record of an arrest or a criminal conviction is “sealed,” or erased in the eyes of the law. Arizona does not have an expungement statute. Instead, the process is referred to as setting aside a criminal conviction.

The Arizona statutes pertaining to setting aside a criminal conviction (misdemeanor or felony) are presently found in A.R.S. §§ 13-904 – 912. A.R.S. § 13-907 allows a person convicted of a criminal offense to petition the court to “set aside” the conviction under certain circumstances.