Completing probation or serving your sentence does not always remove the obstacles caused by a criminal conviction. The conviction may continue to appear on your record and affect opportunities in your personal or professional life. Arizona law allows many eligible people to ask the court to set aside a judgment after completing their sentence, but approval is not automatic.

Attorney Corrinna Molnar helps individuals in Tucson and Southern Arizona understand whether they may qualify for a set aside. Although a set aside does not erase the conviction, it can update the record to show that the judgment was set aside and may provide relief from certain consequences. Contact Molnar Law Office today to schedule a free consultation and discuss your options.

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

When an Arizona court grants a set aside, it changes the legal status of the conviction. The court sets aside the judgment of guilt and dismisses the complaint, information, or indictment connected to the case.

A successful set aside can:

• Update your criminal history: The record will show that the conviction was set aside.
• Release you from certain consequences: You may be released from many penalties and disabilities caused by the conviction.
• Show your progress after the case: The court’s order confirms that you completed your sentence and received post-conviction relief.

Depending on the conviction and the amount of time that has passed, the court’s order may also include a Certificate of Second Chance. This certificate can provide relief from certain occupational licensing barriers and offer specific protections to employers and housing providers.

A set aside does not erase the conviction or remove it from your criminal record. The original case can still appear in court records and background checks with a notation showing that the judgment was set aside. The conviction may also still be considered in certain legal, licensing, and government matters.

Understanding these limits can help you decide whether a set aside would provide meaningful relief for your situation. Attorney Corrinna Molnar can review your conviction and explain what may change if the court grants your application.

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Who May Qualify to Have an Arizona Conviction Set Aside?

Many people may apply to have an Arizona conviction set aside after completing the conditions of probation or their sentence and receiving a discharge from the court. Both misdemeanor and felony convictions may qualify, but some offenses are excluded under Arizona law.

Before applying, several details should be reviewed:

• Sentence completed: You must fulfill the conditions of probation or the sentence imposed by the court.
• Court discharge received: The court record should show that you were formally discharged after completing your sentence.
• Offense is eligible: Certain dangerous offenses, registration offenses, and other excluded convictions cannot be set aside.
• Application filed with the correct court: The request is submitted to the court that entered the conviction.

Meeting the basic requirements allows you to apply, but it does not guarantee that the court will approve the request. The judge will review your case, conduct since the conviction, and other relevant circumstances before deciding whether to grant the set aside.

Applying for a set aside involves more than submitting a form. The information provided should help the court understand the conviction, confirm that the sentence was completed, and evaluate whether granting the application is appropriate.

The process generally includes:

1. Review the Conviction: Confirm that the sentence or probation requirements have been completed and that the offense is eligible for a set aside.

2. Gather the Case Information: Locate the case number, court information, conviction details, sentencing records, and other documents needed for the application.

3. Prepare the Application: Complete the application and include relevant information that may help the judge evaluate your progress since the conviction.

4. File With the Court: Submit the application to the court that entered the conviction. Arizona law does not allow the court clerk to charge a filing fee for a set aside application.

5. Address Any Objections: The state or the victim may object within 30 days after the application is filed. If an objection is submitted, the court may schedule a hearing.

6. Receive the Court’s Decision: The judge will review the application and either grant or deny the request. If the application is denied, the court must explain the reasons in writing and on the record.

A complete and carefully prepared application can help the court understand why a set aside may be appropriate. Attorney Corrinna Molnar can review your court records, prepare the application, and present the circumstances supporting your request.

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Why Choose Corrinna Molnar for a Set Aside Application?

A strong set aside application should do more than confirm that your sentence is complete. It should give the court a clear picture of your progress and explain why relief may be appropriate. Attorney Corrinna Molnar brings more than 16 years of criminal defense experience to this process and understands how past convictions can continue affecting people long after their cases have ended.

Clients choose Molnar Law Office for several important reasons:

• Extensive criminal defense experience: Corrinna has defended more than 900 felony cases and has appeared in court thousands of times. This experience helps her recognize issues that may affect a set aside application.
• Knowledge of Tucson courts: Corrinna is a University of Arizona Law graduate and former public defender. She understands local court procedures and has experience working with judges and prosecutors throughout Southern Arizona.
• Strategic application preparation: Corrinna can help present relevant information about sentence completion, rehabilitation, employment, education, and other progress since the conviction.
• Direct attorney communication: Clients receive guidance directly from Corrinna, along with clear explanations and regular updates throughout the process.
• Spanish-speaking support: Molnar Law Office helps Spanish-speaking clients understand the requirements, possible challenges, and next steps involved in seeking a set aside.
• Free consultation: You can speak with Corrinna about your conviction and learn whether a set aside may be available before deciding how to proceed.

For many people, applying for a set aside is an opportunity to show how their lives have changed since the conviction. Corrinna helps clients prepare for that process with experience, personal attention, and a strategy based on their individual circumstances.

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Frequently Asked Questions About Setting Aside an Arizona Conviction

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How long do I have to wait to apply for a set aside in Arizona?

Arizona law does not impose a general waiting period before you can apply for a set aside. You may generally apply after completing the conditions of probation or your sentence and receiving a discharge from the court. However, the judge may consider how much time has passed since you completed your sentence.

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Does a set aside remove the conviction from my record?

No. A set aside does not erase or remove the conviction. Your criminal history is updated to show that the judgment was set aside, but the original case information may remain visible.

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Can misdemeanor and felony convictions be set aside in Arizona?

Many misdemeanor and felony convictions may qualify for a set aside. However, Arizona law excludes certain convictions, including dangerous offenses, offenses requiring sex offender registration, and some offenses involving sexual motivation or victims younger than 15.

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Can the court deny my set aside application?

Yes. Approval is not automatic, even when you qualify to apply. The court may review the offense, your compliance with the sentence, other convictions, restitution, and the amount of time that has passed. If the application is denied, the court must explain its reasons in writing and on the record.

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Can I apply for both a set aside and record sealing?

You may qualify for both forms of relief, but they require separate applications and provide different benefits. A set aside changes the status of the judgment, while record sealing limits public access to eligible criminal case records.