SET ASIDE CONVICTION LAWYER

Not every conviction is eligible.

Arizona law excludes certain convictions from set-aside relief. Depending on the facts, exclusions may involve:

• Dangerous offenses
• Certain offenses involving serious physical injury
• Certain offenses involving use or exhibition of a deadly weapon or dangerous instrument
• Certain sex offenses
• Certain offenses involving victims under a specified age
• Other offenses excluded by statute

Eligibility should be reviewed carefully before filing.

Filing the wrong petition, filing too early, or overlooking a statutory exclusion may waste time and create unnecessary complications.

Can a Set Aside Restore Firearm Rights?

Sometimes, but not always.

Arizona law contains provisions connecting set-aside relief and firearm rights in some circumstances, but firearm restoration can be complicated and depends heavily on the nature of the conviction.

Certain serious offenses may not qualify for firearm-right restoration through set aside alone.

Federal law may also create separate restrictions.



Anyone seeking firearm-right restoration should have the conviction and eligibility reviewed carefully before assuming that a set aside solves the issue.

A set aside may help many people explain their record more favorably.

It can show that:

• The sentence was completed
• The court granted post-conviction relief
• The judgment of guilt was set aside
• The complaint, information, or indictment was dismissed

However, employers, licensing boards, and background-check companies may still see parts of the criminal record unless the record is also sealed.

That is why set-aside and record-sealing strategy should be considered together.

Former Judge Perspective: What Courts Actually Look For

As a former Pima County Judge, Doug Taylor understands that post-conviction relief requests are often evaluated through both legal and practical lenses.

Judges want to know whether the person has completed the sentence, remained law-abiding, accepted responsibility where appropriate, and demonstrated meaningful rehabilitation.

A well-prepared set-aside application may include:

• Clear case history
• Proof of sentence completion
• Probation discharge documents
• Restitution and fine payment records
• Employment or education information
• Treatment completion records
• Letters of support where appropriate
• Explanation of how relief would help the person move forward

Presentation matters.

A thin application may be denied or delayed.

A careful, organized application gives the court a clearer reason to grant relief.

Judges may consider several factors when evaluating whether to grant a set aside, including:

• Nature and circumstances of the offense
• Compliance with sentencing requirements
• Time elapsed since conviction
• Age at the time of offense
• Subsequent criminal history
• Victim input where applicable
• Employment history
• Rehabilitation efforts
• Community involvement
• Reasons for seeking relief

A strong application should do more than simply say the sentence is complete.



It should explain why relief is appropriate.

People seeking set-aside relief often make avoidable mistakes, including:

• Filing before sentence requirements are complete
• Forgetting unpaid fines or restitution
• Assuming a set aside erases the record
• Confusing set aside with record sealing
• Filing without supporting documents
• Ignoring firearm-right issues
• Overlooking civil rights restoration
• Failing to address prior or later convictions



A careful review can help avoid unnecessary denial or delay.

Is a set aside the same as expungement?

No. Arizona set-aside relief does not usually erase or destroy the record. A set aside may vacate the judgment of guilt and dismiss the accusation, but the record may remain public unless separately sealed.

Does a set aside hide my conviction from employers?

Not necessarily. A set aside may improve how the record appears, but it does not automatically seal the record from public view. Record sealing may be needed for broader privacy protection.

Can felony convictions be set aside?

Some felony convictions may qualify, while others are excluded by law. Eligibility depends on the offense, sentence completion, criminal history, and statutory restrictions.

Can misdemeanor convictions be set aside?

Many misdemeanor convictions may be eligible after sentence completion, depending on the offense and circumstances.

Do I have to finish probation first?

Generally, yes. A person usually must complete sentence requirements before seeking set-aside relief.

What if I still owe fines or restitution?

Unpaid fines, fees, or restitution may affect eligibility or the court’s willingness to grant relief. Payment status should be reviewed before filing.

Can a set aside restore my gun rights?

Sometimes, but not always. Firearm-right restoration depends on the conviction, Arizona law, and sometimes federal restrictions. Do not assume firearm rights are restored without careful review.

Can the prosecutor object?

Yes. Prosecutors may respond to set-aside applications, and the court may consider objections, victim input, and the overall facts.

How long does the process take?

The timeline varies by court, case complexity, prosecutor response, and whether a hearing is required.

Should I pursue set aside or record sealing first?

That depends on the case. Some people may benefit from one remedy before the other, while others may pursue both. A strategic review helps determine the best sequence.

A criminal conviction does not always have to define the rest of your life.

Taylor Law Group, PLLC helps individuals throughout Tucson and Southern Arizona pursue set-asides, record sealing, civil rights restoration, firearm rights restoration, and other post-conviction remedies.

Former Pima County Judge Doug Taylor brings courtroom perspective from both sides of the bench to post-conviction relief strategy.

Call or text Taylor Law Group, PLLC anytime at (520) 440-5635 for a free confidential consultation available 24/7.