Arizona Misdemeanor & Felony Set Aside LawRevised Statute 13-907

Verified 7/6/2015

ARS 13-907 Set Aside Summary

Arizona's expungement equivalent is "setting aside" a conviction. Arizona's setting aside statute (ARS 13-907) allows a defendant to petition the court to have a conviction set aside after the terms of the sentence are met. If the court grants the petition, the defendant shall "be released from all penalties and disabilities resulting from the conviction other than those imposed by the Department of Transportation…”. The conviction can be used in any subsequent criminal prosecution.

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Full Arizona Revised Statute 13-907

§ 13-907. Setting aside judgment of convicted person on discharge; application; release from disabilities; firearm possession; exceptions

A. Except as provided in subsection E of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge.

B. The convicted person or, if authorized in writing, the convicted person's attorney or probation officer may apply to set aside the judgment.

C. If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction except those imposed by:

  1. The department of transportation pursuant to § 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319, except that the conviction may be used as a conviction if the conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the department of transportation in enforcing § 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319 as if the judgment of guilt had not been set aside.

  2. The game and fish commission pursuant to § 17-314 or 17-340.

D. Notwithstanding § 13-905 or 13-906, if a judgment of guilt is set aside pursuant to this section, the person's right to possess a gun or firearm is restored. This subsection does not apply to a person who was convicted of a serious offense as defined in § 13-706.

E. This section does not apply to a person who was convicted of a criminal offense:

  1. Involving a dangerous offense.

  2. For which the person is required or ordered by the court to register pursuant to § 13-3821.

  3. For which there has been a finding of sexual motivation pursuant to § 13-118.

  4. In which the victim is a minor under fifteen years of age.

  5. In violation of § 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3,except a violation of § 28-693 or any local ordinance relating to the same subject matter as § 28-693.

Effective: July 3, 2015