Once an arrest record has been cleared, it will be treated as if it never happened. If asked about any prior arrests, you can honestly say that you’ve not been arrested. Listed below are just a few of many benefits to getting your record sealed in Arizona:

• You can tell employers that you have not been convicted of a crime.
• You become eligible for student loans.
• You become eligible for housing assistance.
• You become eligible for more types of professional licenses and certificates.
• You can honestly tell friends and family that you have not been convicted of a crime.
• You can stop fearing or being embarrassed when someone does a background check on you.

Arizona law offers setting aside judgment designed to help deserving people get a felony or misdemeanor conviction off of their record. Once your judgment is set aside, you can answer with confidence to any inquiry, including, without limitation, an inquiry relating to an application for employment, that you have not been convicted of a crime. If the crime you were convicted of was a felony, we can also apply to have your civil rights restored.

Eligibility for setting aside judgment in Arizona requires that you have fulfilled the conditions of your probation or sentence and been discharged by the court.  Additionally, if you have been convicted of two or more felonies and sentenced to prison, you must wait two full years before applying for the judgment to be set aside, to restore your civil rights, and restore your gun rights.

Unfortunately, you may not set aside your judgment if your conviction falls under any of the categories below:

• A crime involving the infliction of serious physical injury.
• A crime involving the use or exhibition of a deadly weapon or dangerous instrument.
• A crime where you are required to register as a sex offender.
• A crime where there was a finding of sexual motivation.
• A crime where the victim was a minor under fifteen years of age.
• A violation pursuant to 28-3473, which is driving on a suspended or canceled license.
• A violation of any local ordinance relating to stopping, standing, or operation of a vehicle.

13-907. Setting aside judgment of convicted person on discharge; application; release from disabilities; exception

A. Except as otherwise provided in this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate’s successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge.

B. The application to set aside the judgment may be made by the convicted person or by the convicted person’s attorney or probation officer authorized in writing.

C. If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction other than those imposed by:

1. The department of transportation pursuant to section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319, except that the conviction may be used as a conviction if such conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the department of transportation in enforcing section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319 as if the judgment of guilt had not been set aside.

2. The game and fish commission pursuant to section 17-314 or 17-340.

D. This section does not apply to a person convicted of a criminal offense:

1. Involving the infliction of serious physical injury.

2. Involving the use or exhibition of a deadly weapon or dangerous instrument.

3. For which the person is required or ordered by the court to register pursuant to section 13-3821.

4. For which there has been a finding of sexual motivation pursuant to section 13-118.

5. In which the victim is a minor under fifteen years of age.

6. In 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.