A set-aside does not erase a conviction. Under A.R.S. § 13-905, the criminal-history record receives a set-aside notation rather than being removed, and statutory exclusions limit eligibility. For a Peoria aggravated assault conviction, this distinction matters: a set-aside is not a promise of expungement or eligibility for relief.
Arizona law does not use the term “expungement” in the traditional sense. However, the state does offer a process called Set Aside, which can provide meaningful relief. Understanding the difference is a critical first step.
This post explains what Arizona law allows, how it applies to aggravated assault convictions, and what residents of Peoria and surrounding communities should know before taking action.
What Is Expungement — and Does Arizona Have It?
In many states, expungement allows a court to erase or seal a criminal record. However, Arizona does not offer traditional expungement for most adult convictions. Instead, Arizona law provides a remedy called a Set Aside under Arizona Revised Statutes § 13-905.
A Set Aside does not erase the conviction. Instead, it officially dismisses the charges and sets aside the judgment after sentencing requirements are completed. The conviction still appears on your record, but it is marked as “set aside.”
Additionally, Arizona enacted a Certificate of Second Chance law in 2023. This law gives individuals with set-aside convictions additional protections in employment and licensing contexts. Therefore, pursuing a Set Aside can have real, practical benefits.
How Is a Set Aside Different from Expungement?
Traditional expungement removes or seals the record entirely. A Set Aside, on the other hand, keeps the record visible but adds a notation that the case was dismissed. Employers and landlords may still see the conviction.
However, the Set Aside signals that you completed your sentence and took steps toward rehabilitation. In many situations, this can make a meaningful difference in how others view your record.
What Is Aggravated Assault Under Arizona Law?
Before discussing eligibility, it helps to understand what aggravated assault means in Arizona. Aggravated assault is a more serious form of assault that involves specific aggravating factors.
Under Arizona law, aggravated assault can include situations where someone causes serious physical injury, uses a deadly weapon, commits assault against a protected class of victim such as a police officer, or assaults someone while the victim is restrained. Because of these factors, aggravated assault is typically charged as a felony.
Felony Classifications Matter for Set Aside Eligibility
Aggravated assault charges in Arizona can range from Class 6 felonies to Class 2 felonies depending on the circumstances. The classification of the felony affects eligibility for relief.
Moreover, certain convictions are specifically excluded from Set Aside eligibility under Arizona law. Therefore, the details of your specific conviction matter significantly when evaluating your options.
Can an Aggravated Assault Conviction Be Set Aside in Arizona?
This is one of the most common questions people in Peoria, Glendale, and the broader Phoenix area ask after completing their sentence. The honest answer is: it depends.
Arizona law does allow some aggravated assault convictions to qualify for a Set Aside. However, certain cases are excluded. Specifically, convictions that involved a dangerous offense — meaning a deadly weapon or dangerous instrument was used — are generally not eligible for a Set Aside.
Offenses That Are Generally Excluded
Arizona law lists specific categories of convictions that cannot be set aside. These typically include:
- Convictions involving a dangerous offense (use of a deadly weapon or dangerous instrument)
- Convictions requiring sex offender registration
- Convictions involving victims under the age of 15
- Certain offenses involving serious physical injury to a victim
Because aggravated assault can fall into these excluded categories, eligibility is not automatic. Each case turns on the specific facts and charges involved.
When Aggravated Assault May Qualify
On the other hand, not every aggravated assault conviction involves a dangerous offense. For example, some aggravated assault charges stem from assaulting a protected class of victim, such as a teacher or healthcare worker, without the use of a weapon.
In those situations, the conviction may not automatically fall into an excluded category. Furthermore, if you were convicted of a lesser-included offense or had charges reduced, those distinctions could affect your eligibility. An attorney can review the specifics of your case to help you understand where you stand.
What Factors Does the Court Consider?
Even when a conviction is technically eligible, the court has discretion in deciding whether to grant a Set Aside. Arizona courts typically consider several factors when reviewing a petition.
- The nature of the offense and the circumstances of the conviction
- Your compliance with all terms of probation or sentencing
- How much time has passed since the conviction
- Your conduct and rehabilitation efforts after the conviction
- Whether you have any subsequent criminal history
- The impact on the victim, if applicable
Therefore, demonstrating a pattern of positive behavior after your conviction can strengthen your petition. Courts in Maricopa County — which covers Peoria, Phoenix, Scottsdale, and Tempe — look at the full picture when evaluating these requests.
The Set Aside Process in Arizona
Filing for a Set Aside in Arizona involves a specific legal process. While it may seem straightforward, errors or omissions can delay or derail your petition. Here is a general overview of how the process works.
Step 1: Confirm You Are Eligible
First, you need to verify that your conviction is not in an excluded category. Additionally, you must have completed all terms of your sentence, including probation, fines, and restitution.
Step 2: File the Petition
Next, you file a formal petition with the court that handled your case. The petition must include information about your conviction, your compliance with sentencing terms, and the reasons you are requesting a Set Aside.
Step 3: Notify the Prosecutor and Victim
Arizona law requires that the prosecutor and, in some cases, the victim be notified of your petition. They may have the opportunity to respond or object. Because of this, the process is not purely administrative — it can involve advocacy on your behalf.
Step 4: Court Hearing or Ruling
The court may schedule a hearing or rule on the petition based on the written filings. If granted, the court issues an order setting aside the conviction. Your record will then reflect the Set Aside notation.
How This Affects Your Life Going Forward
A Set Aside can open doors that a conviction might otherwise close. Many employers, licensing boards, and housing providers look more favorably on applicants with a Set Aside. Furthermore, Arizona’s Certificate of Second Chance law provides added protections in certain professional licensing situations.
However, it is important to understand the limits. A Set Aside does not restore all civil rights automatically. For example, the right to possess firearms may require a separate legal process to restore, depending on your conviction. Also, immigration consequences tied to a conviction are not necessarily resolved by a Set Aside.
Residents across the Phoenix metro area — from Mesa to Glendale to Peoria — should consult with a criminal defense attorney to understand exactly what a Set Aside would and would not accomplish in their specific situation.
Frequently Asked Questions About Expungement and Set Asides in Arizona
Does Arizona have expungement for felony convictions?
Arizona does not offer traditional expungement for most adult felony convictions. Instead, Arizona provides the Set Aside process under ARS § 13-905, which dismisses and sets aside the judgment without erasing the record.
Can I get my aggravated assault conviction set aside if a weapon was involved?
Generally, no. Convictions classified as dangerous offenses — which involve the use of a deadly weapon or dangerous instrument — are excluded from Set Aside eligibility under Arizona law. However, the specific facts of your case matter, so speaking with an attorney is important.
How long do I have to wait before I can file for a Set Aside?
Arizona law does not specify a mandatory waiting period after completing your sentence before you can file. However, courts tend to look more favorably on petitions when sufficient time has passed and you have demonstrated positive conduct. An attorney can help you determine the best timing for your petition.
Will a Set Aside help me get a job or professional license?
A Set Aside can improve your situation in employment and licensing contexts. Arizona’s Certificate of Second Chance law provides additional protections for individuals with Set Aside convictions applying for certain jobs and licenses. Results, however, vary depending on the employer or licensing board.
Do I need a lawyer to file for a Set Aside in Arizona?
While you are not legally required to have an attorney, working with an experienced criminal defense attorney can make a significant difference. An attorney can evaluate your eligibility, prepare a strong petition, and advocate on your behalf if the prosecutor or victim objects.
Talk to a Phoenix Criminal Defense Attorney About Your Options
At Guardian Law Group, our Phoenix criminal defense attorneys understand how much a criminal record can affect your life. We work with clients throughout Peoria, Glendale, Scottsdale, and the greater Phoenix area who are looking to move forward after a conviction.
Our team reviews the details of your case, explains the options available under Arizona law, and provides straightforward guidance so you can make informed decisions. We are here to help you understand whether a Set Aside or other form of relief may be available to you.
If you are ready to explore your options, contact Guardian Law Group today to request a free consultation with a criminal defense attorney who knows Arizona law.
This content is general information only and is not a substitute for advice from a licensed attorney about your specific situation.