Understanding Arizona's Set Aside Law and Certificate of Second Chance: A New Path Forward Under A.R.S. § 13-905

Even after someone completes their sentence, a criminal conviction can continue to follow them, creating obstacles in employment, housing, education, and overall personal growth. Thankfully, Arizona law offers a path to relief through A.R.S. § 13-905, which allows a court to set aside a conviction and, in many cases, issue a Certificate of Second Chance.

At Chuck Franklin Law, we assist individuals who are ready to move forward with their lives by helping them navigate this legal process, restore civil rights, and remove barriers to opportunity.

What Does It Mean to "Set Aside" a Conviction in Arizona?

A conviction that is set aside under A.R.S. § 13-905 is not erased, sealed, or expunged. Instead, the court vacates the judgment of guilt, dismisses the charges, and orders that the individual be released from most penalties and disabilities resulting from the conviction.

While the conviction still appears on your criminal record, the Arizona Department of Public Safety will annotate the record to show that the conviction has been set aside—and if applicable, that a Certificate of Second Chance has been issued. This can be helpful when applying for jobs, professional licenses, or housing, as it demonstrates that the legal system has formally recognized your rehabilitation.

However, because the record remains visible to government agencies and law enforcement, this remedy differs from options like record sealing, which restricts public access. If your goal is to prevent the public from viewing your record entirely, you may want to explore whether you qualify for record sealing under A.R.S. § 13-911.

For more details on sealing records in Arizona, see our related post: Understanding Arizona's Record Sealing Law.

Who Can Apply to Set Aside Their Conviction?

You may apply to have your conviction set aside if:

• You have fulfilled all terms of probation or sentence, including incarceration, fines, and restitution.
• You were convicted of a qualifying criminal offense (see exclusions below).
• You are not currently facing criminal charges or under supervision.

There is no filing fee for this application, and it can be submitted by you, your attorney, or your probation officer.

What the Court Considers Before Granting a Set Aside

Before granting a set aside, the court reviews a number of factors, including:

• The nature and circumstances of the original offense
• Your compliance with sentencing or probation terms
• Victim restitution status and the victim's input (if any)
• Any prior or subsequent convictions
• The amount of time that has passed since you completed your sentence
• Your age at the time of the conviction
• Any other relevant information that supports rehabilitation

If the state or the victim objects, the court may schedule a hearing to evaluate the case.

What Is a Certificate of Second Chance—and Why Does It Matter?

When the court sets aside your conviction, it may also issue a Certificate of Second Chance, which provides important protection:

• Occupational licensing: It removes many of the barriers to obtaining licenses issued under Title 32 (e.g., contractors, cosmetologists, nurses, etc.).
• Employment protections: Employers are shielded from certain liabilities if they hire someone with a Certificate.
• Housing access: Landlords receive similar legal protection when renting to someone with a Certificate.

It's important to note: the Certificate is not a recommendation or endorsement. It simply provides proof of rehabilitation and legal relief from certain penalties.

Who Qualifies for a Certificate of Second Chance?

If the court grants your request to set aside a conviction under A.R.S. § 13-905, you may also receive a Certificate of Second Chance, depending on the type of offense and how much time has passed since you completed your sentence.

You may qualify if:

• You are setting aside a misdemeanor conviction
• You are setting aside a Class 4, 5, or 6 felony, and at least 2 years have passed since you completed all terms of your sentence, including probation or prison time
• You are setting aside a Class 2 or 3 felony, and at least 5 years have passed since completing your sentence

The court will determine eligibility based on your offense level and timing. These waiting periods are measured from the date you fully completed your sentence, including all restitution, fines, probation, and jail or prison time.

Important:

You can only receive one Certificate of Second Chance for a felony. Even if you were convicted of more than one felony during a single incident, they count as one for this purpose. If you've already received a certificate for a felony, you are not eligible to receive another.

This relief is automatically included in the court's order if you meet the criteria—but you can also apply for the certificate separately if it wasn't granted initially.

Refer to AZ Judicial Branch Certificate of Second Chance FAQs for more information.

Firearm Rights and Set Asides

One of the most common questions we receive is whether setting aside restores firearm rights. Here's what the law provides:

• Under A.R.S. § 13-905(O), if your conviction is set aside, your civil right to possess a firearm is automatically restored
  • unless your offense qualifies as a "serious offense" as defined A.R.S. § 13-706.
• If you were convicted of a serious offense, such as aggravated assault, armed robbery, or kidnapping, you are not eligible for automatic firearm restoration through a set aside. In that case, you must wait ten years from the date of your absolute discharge and file a separate petition under A.R.S. § 13-910. Restoration under this statute is discretionary, meaning the judge may approve or deny your request.
• Importantly, a person who is convicted of a dangerous offense under A.R.S. § 13-704, or an offense committed outside Arizona that would qualify as a dangerous offense under § 13-704 if committed in this state, is not eligible to petition for the restoration of the right to possess or carry a firearm. This restriction is absolute and applies regardless of the time that has passed since the conviction or discharge.

Who Is NOT Eligible to Have Their Conviction Set Aside?

The law excludes individuals convicted of the following offenses from using A.R.S. § 13-905:

• Dangerous offenses involving serious physical injury or use of a deadly weapon
• Crimes requiring sex offender registration
• Offenses with a finding of sexual motivation
• Felonies involving a minor under the age of 15

Additionally, individuals convicted of serious offenses (as defined in A.R.S. § 13-706) are not eligible for automatic restoration of firearm rights, even if the conviction is set aside.

What Happens After a Conviction Is Set Aside?

Once granted:

• The judgment of guilt is vacated, and the criminal case is dismissed
• The Arizona Department of Public Safety updates your criminal history report to reflect the set aside
• The record may still be used in certain legal contexts, such as:
  • Alleging a prior conviction
  • Determining sentencing enhancements
  • Evaluating fingerprint clearance card eligibility

Need Help Navigating the Set Aside Process?

At Chuck Franklin Law, we understand how overwhelming it can feel to carry the weight of a past conviction. With over 37 years of experience, we help clients across Arizona pursue set asides and Certificates of Second Chance. From identifying eligibility to preparing compelling applications and responding to objections, we guide you every step of the way.

Sources:

• A.R.S. § 13-905: Setting aside judgment of convicted person on discharge
• A.R.S. § 13-911: Sealing of arrest, conviction and sentencing records
• A.R.S. § 13-910: Restoration of right to possess a firearm
• A.R.S. § 13-704: Dangerous offenders; sentencing
• A.R.S. § 13-706: Serious, violent or aggravated offenders
• Title 32 - Professions and Occupations
• AZ Judicial Branch Certificate of Second Chance FAQs
• Arizona Department of Public Safety: Criminal History Records

Disclaimer

This posted blog is in no way specific legal advice on any subject. It is intended to provide general information for the public.

If you need specific legal advice, call Chuck at 480-545-0700