A set-aside under A.R.S. § 13-905 does not erase a robbery conviction from the criminal history record. Whether a conviction qualifies requires review of the judgment, sentencing documents and statutory exclusions. For someone in Gilbert researching record relief, the first step is to distinguish a set-aside from other procedures rather than assume they have the same effect.
This article focuses on questions about a set-aside. It does not establish eligibility for a particular conviction or compare every form of record relief.
This post explains how Arizona’s record-clearing process works, what it means for someone with a robbery conviction, and what steps you can take to explore your options.
What Is Expungement — And Does Arizona Have It?
In many states, expungement means a court completely erases or seals a criminal record. After expungement, the conviction is treated as though it never happened. However, Arizona does not have a traditional expungement law.
Instead, Arizona uses a process called Set Aside. This is the closest thing to expungement available in the state. Under Arizona Revised Statutes § 13-905, a court can set aside a conviction after you complete your sentence. The conviction remains on your record, but the court marks it as “set aside” — which can help with background checks and other situations.
What Does “Set Aside” Actually Mean?
When a conviction is set aside, the guilty verdict is withdrawn. The charges are dismissed. However, the record of the arrest and the set aside still shows up. Employers, landlords, and licensing boards may still see the conviction, but they will also see that a court set it aside.
Additionally, Arizona introduced a Certificate of Second Chance under A.R.S. § 13-905(K). This certificate can accompany a set aside and signal to employers and licensing agencies that you have met the legal requirements for relief.
Can Robbery Convictions Be Set Aside in Arizona?
Robbery is a serious felony offense in Arizona. Because of this, it is not automatically eligible for a set aside. Several factors determine whether a court will grant this relief.
Offenses That Are NOT Eligible
Arizona law specifically excludes certain offenses from the set aside process. These include:
- Convictions that involve a dangerous offense where a deadly weapon or dangerous instrument was used
- Convictions requiring sex offender registration
- Convictions involving serious physical injury to a victim
- Certain offenses against minors
If your robbery conviction involved a weapon or caused serious injury, it may fall under a dangerous offense classification. Therefore, it could be ineligible for a set aside. This is an important distinction to understand before assuming you qualify.
What If My Robbery Conviction Did Not Involve a Dangerous Offense?
Some robbery convictions do not involve weapons or serious injury. In those cases, a set aside may still be possible. However, the court uses discretion. It weighs several factors before granting or denying the petition.
Those factors typically include:
- The nature of the offense
- Your compliance with your sentence, probation, and restitution
- Time passed since the conviction
- Your overall criminal history
- Your conduct and rehabilitation efforts since the conviction
Moreover, completing all terms of your sentence — including probation, fines, and restitution — is generally a requirement before you can even apply.
Understanding Robbery Charges Under Arizona Law
Arizona law distinguishes between different levels of robbery. Understanding these distinctions matters when evaluating set aside eligibility.
Simple Robbery
Under A.R.S. § 13-1902, robbery involves taking property from another person by using or threatening force. This is a Class 4 felony in Arizona. Depending on the specific facts of the case, a simple robbery conviction may not automatically be classified as a dangerous offense.
Aggravated Robbery
Aggravated robbery under A.R.S. § 13-1903 occurs when a person commits robbery with the help of an accomplice. This is a Class 3 felony. Additionally, this charge can come with enhanced penalties and may complicate your eligibility for a set aside.
Armed Robbery
Armed robbery under A.R.S. § 13-1904 involves using or threatening to use a deadly weapon or dangerous instrument. This is a Class 2 felony and is almost always classified as a dangerous offense. As a result, armed robbery convictions are typically not eligible for a set aside in Arizona.
If you are unsure which category your conviction falls into, it is important to review your case with a qualified criminal defense attorney. People across Gilbert, Mesa, Chandler, and the broader Phoenix area face this exact question — and the answer depends heavily on the specific facts of each case.
How to Apply for a Set Aside in Arizona
If you believe your robbery conviction may be eligible, here is a general overview of how the process works. Keep in mind that every case is different, and these are general steps only.
Step 1: Confirm You Have Completed Your Sentence
First, you must have fully completed your sentence. This includes any prison or jail time, probation, fines, fees, and victim restitution. Courts will not grant a set aside if you still have outstanding obligations.
Step 2: Gather Your Case Records
Next, obtain copies of your conviction records, sentencing documents, and any court orders. You will need these to prepare your petition. Additionally, these documents help an attorney evaluate your eligibility and the strength of your case.
Step 3: File a Petition with the Court
You file the petition in the court where your original conviction occurred. The petition must include details about your conviction, your compliance with your sentence, and why you are seeking relief. In some cases, the prosecutor’s office may respond or object.
Step 4: Attend the Hearing
The court may schedule a hearing. At the hearing, you or your attorney can present information about your rehabilitation, your conduct since the conviction, and why the set aside should be granted. Furthermore, the judge has broad discretion in making this decision.
Step 5: Receive the Court’s Decision
Finally, the court will either grant or deny the set aside. If granted, you receive a court order reflecting that your conviction has been set aside and the charges dismissed.
Talk with a Phoenix criminal defense attorney to understand how these steps apply to your specific situation before moving forward.
What a Set Aside Can — and Cannot — Do for You
A set aside can make a real difference in your life. However, it is important to understand its limits.
Potential Benefits of a Set Aside
- Signals to employers and landlords that you completed your sentence and sought court relief
- May improve your chances when applying for jobs or housing
- Can support applications for professional licenses in certain fields
- May be accompanied by a Certificate of Second Chance
Important Limitations
- The conviction still appears on your record — it is not erased
- It does not restore your right to possess firearms if prohibited by state or federal law
- It may not prevent deportation or affect immigration status
- Government agencies and law enforcement can still see the conviction
- Some professional licensing boards still consider set aside convictions
On the other hand, even with these limitations, a set aside is often a meaningful step toward rebuilding your life after a conviction. Many people in Phoenix, Tempe, and communities throughout Maricopa County have pursued this process with positive results.
Frequently Asked Questions About Expungement and Set Asides in Arizona
Does Arizona have true expungement?
No. Arizona does not have a traditional expungement law. The closest option is a set aside under A.R.S. § 13-905. Unlike expungement, a set aside does not erase the conviction — but it can still provide meaningful relief in many situations.
Can I get a set aside for armed robbery in Arizona?
Generally, no. Armed robbery is typically classified as a dangerous offense. Arizona law excludes dangerous offenses from set aside eligibility. However, you should review your specific case with an attorney to confirm how your conviction was classified.
How long does the set aside process take?
The timeline varies. It depends on the court’s schedule, whether the prosecution responds, and whether a hearing is required. In some cases, the process can take several months. Additionally, preparation time before filing can add to the overall timeline.
Will a set aside help me get a job?
A set aside may improve your prospects with some employers. Many employers value the fact that you completed your sentence and took steps to address your record. However, results vary by employer and industry — and there is no guarantee of a specific outcome.
Do I need an attorney to apply for a set aside?
You are not legally required to have an attorney. However, the process involves legal filings, case evaluation, and potentially a court hearing. Because of this, working with an experienced criminal defense attorney can help you avoid mistakes and present the strongest possible petition.
Speak with a Criminal Defense Attorney About Your Record
If you have a robbery conviction in Gilbert or anywhere in the Phoenix area, you do not have to navigate this process alone. Arizona’s set aside process can be complex — especially for serious felony convictions. The eligibility rules, filing requirements, and court discretion all matter significantly.
At Guardian Law Group, our criminal defense attorneys help clients across Phoenix, Gilbert, Mesa, Scottsdale, and surrounding communities understand their legal options. We review the details of your case carefully and explain what relief may be available to you. We then guide you through the process step by step.
This content is general educational information only and is not a substitute for advice from a licensed attorney about your specific situation. To discuss your case and explore your options, contact Guardian Law Group to request a consultation today.