Under A.R.S. § 13-907, most people in Arizona who are convicted of crimes are allowed to file motions to ask the court to set their convictions aside. In order to file a motion for this to happen, a convicted person must first complete his or her probation or sentence.
If you have a criminal conviction on your record and are granted a motion to set aside, the court will set aside the judgement of guilt, dismiss the complaint, information or indictment and order that you be released from all penalties and disabilities resulting from the conviction.
aside can only be issued by the court. An individual with a DUI conviction can “apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation” or another in office to have the conviction setaside. The court will then review a variety of factors before granting a setaside.
6 Expungement and sealing laws restrict access to criminal records and sometimes even provide for their destruction. 7 Set-aside laws authorize a court to “vacate” a conviction in order to signal a person's rehabilitation, relief that may or may not be followed by sealing the record.
6 Expungement and sealing laws restrict access to criminal records and sometimes even provide for their destruction. 7 Set-aside laws authorize a court to “vacate” a conviction in order to signal a person's rehabilitation, relief that may or may not be followed by sealing the record.