Setting aside a judgment releases you from the penalties that came from that conviction. This means it would no longer impact your civil rights. It isn’t the same as sealing or expunging your record, but your record would have a note saying the conviction has been set aside. Not only does this help restore your rights, but it can be viewed more favorably by employers as well.

Which cases are eligible for set aside?

Only convictions from Arizona courts are eligible. This means you would not be able to set aside judgments from federal courts or state courts outside of Arizona.

You can only apply to set aside a judgment after you have completed your sentence.

You cannot apply if you have been convicted for any of the following:

• A dangerous offense.

• An offense for which you had to register as a sex offender.

• An offense for which there has been a finding of sexual motivation.

• A felony offense in which the victim is a minor under fifteen years of age.

So, if you haven’t been convicted for any of these offenses, your sentence is complete, and your conviction was from an Arizona court, then you’re eligible to apply!

How do you apply to set aside convictions?

You will need to submit an application to the Superior Court Clerk in the county where you were convicted. It’s free to apply. For Maricopa County, you can use this form. For all other counties, you can use this form.

The process can be complex, requiring careful research and action. We recommend working with an organization specializing in rights restoration for free, hands-on support:

• F.R.E.E. Arizona offers one-on-one assistance here.

• Arizona Democracy Resource Center hosts rights restoration clinics here.

• Tribal members can email the ASU Indian Legal Clinic Democracy Director here.

• You can also explore free and low-cost legal resources here.

Expungement means sealing convictions and arrests from the public record. There are many benefits to expungement. Not only can it help you restore your right to vote, but it can make it easier to get a job, rent a home, and apply for a loan.

If you’re able to fully expunge your record, then your voting rights will be automatically restored.

If you were convicted for any of the following in an Arizona court, you may be eligible for expungement.

• Possession, use, or transport of up to 2 ½ ounces of marijuana.

• Possession, consumption, or cultivation of up to 6 plants at your primary residence for personal use.

• Possession, use, or transportation of marijuana paraphernalia related to the cultivation, manufacturing, processing, or consumption of marijuana.

Convictions from federal courts or state courts outside of Arizona are not eligible for expungement.

If you believe you may be eligible, Reclaim Your Future, Arizona Democracy Resource Center, and F.R.E.E. Arizona offer free expungement assistance. You can also check out free and low-cost legal resources here.

If you have a class 6 felony that is “undesignated” or “open” then you may be able to have it reduced to a class 1 misdemeanor. This would reduce the charge on your record and may help you restore your right to vote.

Only convictions from Arizona courts are eligible. This means you would not be able to reduce convictions from federal courts or courts outside of Arizona.

You can read the instructions for applying to reduce a class 6 undesignated felony here. To apply, you will need to complete this form and submit it to the Superior Court Clerk in the county where you were convicted.

If you believe you may be eligible, we recommend working with an organization specializing in rights restoration for free, hands-on support:

• F.R.E.E. Arizona offers one-on-one assistance here.

• Tribal members can email the ASU Indian Legal Clinic Democracy Director here.

• You can also explore free and low-cost legal resources here.