A misdemeanor conviction can affect job applications, housing opportunities and professional licenses. If you have a conviction in Arizona, you may wonder whether you can clear your record and move forward.
Arizona offers ways to seek relief from certain criminal records. The state generally allows people to set aside convictions rather than expunge them. Eligible individuals may also petition to seal their criminal case records. Each option has different rules and benefits.
What does setting aside a conviction mean?
Setting aside a conviction releases you from certain penalties and disabilities under Arizona law. The court also dismisses the charges. However, the conviction does not disappear from your criminal history.
The record generally shows that the court set aside the conviction. This may help when you apply for jobs or pursue other opportunities. However, the conviction may still appear on background checks.
Who qualifies for relief in Arizona?
You can generally apply to set aside a misdemeanor conviction after completing your sentence and probation. The court must also discharge you from your sentence. Some offenses do not qualify, and approval is not automatic.
Under Arizona Revised Statutes § 13-905, the judge reviews several factors before making a decision. These include the circumstances of the offense, your criminal history and your compliance with court orders. The judge may also consider your age at the time of conviction, the victim’s views, restitution and the time since you completed your sentence.
How does the process work?
You must file a petition with the court that handled your case. Your application should include the required case information and explain why you seek relief. The state or victim may object, and the court may hold a hearing before deciding your request.
Arizona also allows eligible individuals to petition to seal criminal case records under A.R.S. § 13-911. Sealing limits public access to eligible records, subject to legal exceptions. You must meet separate requirements to qualify. Waiting periods apply, and you must satisfy the statute’s other conditions.
What should you do next?
Setting aside a conviction or sealing eligible records may help you move forward. Check your eligibility before filing a petition. Understanding the available options can help you choose the right path toward a clearer criminal record.
