A set-aside is a legal process in Arizona that can help people make their records less impactful, without hiding or destroying the record. When a conviction is set aside, the court changes the verdict so that it is no longer considered “guilty”. This means there is no longer a guilty charge on your record. This lessens a record’s impact and can get you some rights back, among other things While a set-aside does not erase or seal a record, it is an improvement.
A set-aside can make a big difference in many areas of life. It may help with:
- Obtaining a Certificate of Second Chance – In some cases, a set-aside makes you eligible for a Certificate of Second Chance as well, which makes your record even less impactful.
- Getting a job – Many employers are more willing to hire people with a set-aside on their record.
- Finding housing – Landlords may be more open to renting to individuals with a set-aside.
- Achieving professional advancements – A set-aside can remove some barriers to working in specific fields, and make promotions more likely.
Who Can Benefit from a Set-Aside?
A set-aside is a great option for people who have changed their lives and want to move past their criminal record. More than that, it’s a good option for people who do not qualify for expungement or record sealing but still want to improve their chances of employment and housing.
Understanding the Set-Aside Process
Applying for a set-aside in Arizona is a legal process that involves submitting a request to the court. The process involves several steps, and the court considers multiple factors before granting approval. Ultimately, a set-aside is up to a judge to decide.
How the Rasa Set-Aside Process Works
- Submit an Application to the Court
- Rasa will file a request with the court that handled your conviction.
- The application asks the court to set aside your conviction and ‘release you from penalties and disabilities’ associated with your record.
- The Court Reviews Your Case
- The judge looks at several factors before making a decision, including:
- The type of crime and its severity.
- Whether you completed all sentencing requirements, including probation, parole, fees, restitutions, and fines.
- Any additional criminal history or other convictions.
- The time since your conviction.
- The judge looks at several factors before making a decision, including:
- Decision is Issued
- If approved, the conviction will be marked as set aside. This means it is no longer considered guilty
- If you are working with Rasa, we can file for a certificate of second chance at the same time you get your set-aside
- If you get a set aside the crime no longer appears as ‘guilty’ on your record. This can be used to improve employment, housing, and get you some rights back
How Rasa Can Help
The set-aside process can be confusing, and mistakes on your application could delay or prevent approval. That’s why Rasa makes it easy. You can start by checking your eligibility instantly with Rasa’s eligibility tool. If you qualify for a Set-aside, we can help you complete the process from start to finish.
Eligibility for a Set-Aside
Not everyone qualifies for a set-aside in Arizona, but many people with past convictions are eligible. Read on for more information on eligibility, or click here. The court considers several factors before granting a set-aside, and while there are no strict requirements, certain types of offenses may not qualify.
Who is Eligible for a Set-Aside?
A set-aside may be granted if:
- You have completed all sentencing requirements, including probation, fees, restitution and fines.
- A reasonable amount of time has passed since your conviction.
- The crime being considered for set-aside is not particularly violent or sexual in nature.
The judge will review your case as outlined in Arizona law and consider factors such as:
- The nature and severity of the crime.
- Whether you finished all court-ordered requirements.
- Any additional convictions or criminal history.
- The time elapsed since the offense and any rehabilitation efforts you’ve participated in or things you’ve done to improve your life.
Who is NOT Eligible for a Set-Aside?
Some convictions do not qualify for a set-aside, including:
- Dangerous offenses involving deadly weapons.
- Crimes that require sex offender registration.
- Serious crimes involving children.
Even if your conviction does not qualify for a set-aside, other options for lessening your record’s impact may be available.
A Note on Arizona Set-Asides
While there aren’t many hard and fast rules about who can or cannot get a set-aside, some crimes including some driving, fish and game, and lifetime injunctions cannot be set-aside even though the rest of your record can be. Those charges don’t make you ineligible, but they cannot be set-aside. It’s also important to know that charges that are set-aside can still be used if you are re-arrested or your record is being considered in other ways. Still, a set-aside is a great step towards lessening your record’s role in your life.
Start the Process Today
As mentioned above, a set-aside removes the "guilty" status of your conviction, making it easier to find jobs, secure housing, and apply for professional licenses. If you qualify, there’s no reason to wait—start the process today.
Why Get a Set-Aside?
A set-aside comes with many benefits. It can:
- Help you get a certificate of second chance - A set aside can help you get a CSC, which provides protections for landlords and employers
- Help with housing - Up to 90% of landlords perform background checks on their tenants. A set-aside looks better on a record, and makes it easier to get housing
- Help with employment - Many employers perform background checks. Getting a set-aside makes it easier to get a job or a promotion
Set-asides are a great way forward for people who do not qualify for more extensive types of record-clearing, such as sealing. It also works well with other types of record-clearing, especially when it comes to getting certificates of second chance.
The Next Step
Not sure where to start? A good step one is checking your eligibility in minutes with Rasa’s eligibility tool. From there you can get us to handle the application process. Working with Rasa makes it easy to avoid mistakes that could delay your application. Rasa’s goal is to help people clear their records and move forward with confidence. If a set-aside is the right option for you, Rasa can help you start the process today.
