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Originally Posted On: https://thevalleylawgroup.com/blog/reasons-to-expunge-or-set-aside-az/
Top Reasons to Expunge or Set Aside Your Criminal Record in Arizona
A criminal record can follow you long after you’ve completed your sentence, limiting your job prospects, housing options, and even your rights. Fortunately, Arizona law provides two potential paths to reduce the impact of a conviction: expungement and setting aside a conviction.
While both options can help you move forward, each offers different benefits depending on your situation. Understanding why taking action now matters can protect your future and open new opportunities. In this guide, we break down the top reasons to expunge or set aside your criminal record — and how a qualified Arizona criminal defense attorney can help you get started.
Before diving into the reasons, it’s important to understand that expungement and setting aside a conviction offer different outcomes in Arizona. Expungement—available primarily for marijuana offenses—removes eligible convictions from public records. Meanwhile, a set aside doesn’t erase the conviction but reflects that the court dismissed the judgment, which can reduce its impact.
Not sure which option applies to your case?
Read our full guide on the difference between expungement and set aside in Arizona.
Reason #1: Improve Employment Opportunities
A criminal record is one of the most common barriers to employment. In Arizona, many employers conduct background checks, and even a minor conviction can prevent you from landing a job—especially in industries like healthcare, education, government, or finance.
Expunging your record or having it set aside demonstrates rehabilitation and reduces the impact of past mistakes. Expungement removes eligible offenses from public record, while a set aside updates your record to reflect that the court dismissed the penalties. Both actions can make a significant difference when applying for jobs or professional licenses.
According to the National Employment Law Project, clearing a record can increase a person’s earning potential by up to 25% within two years. For many, this is life-changing.
Real Example:
For instance, a client with a 10-year-old DUI conviction was repeatedly denied teaching jobs despite completing rehab and maintaining a clean record. After working with our team to set aside the conviction, they secured a position within months and are now thriving in their career.
Reason #2: Access Better Housing and Loans
A criminal record doesn’t just impact your career — it can also create significant barriers when applying for housing or financial opportunities in Arizona. Landlords, property managers, and lenders frequently run background checks. A conviction, even from years ago, could lead to application denials or higher interest rates.
Expunging or setting aside your record helps show that you’ve completed your sentence and taken steps to move forward. Expungement removes qualifying convictions from public records, while a set aside signals rehabilitation and court acknowledgment of your progress. Both can improve your chances of securing safe housing or fair loan terms.
According to the Urban Institute, nearly one in three adults in the U.S. have a criminal record, often making housing one of the most difficult challenges they face. Criminal background checks are a common part of rental applications, and landlords can legally deny housing based on certain convictions.
For those applying for a mortgage, a criminal record may also negatively impact credit evaluations or create red flags during the underwriting process. Clearing your record improves your financial profile and reduces unnecessary barriers to securing stable housing or financing.
Real Example:
One client struggled to find housing for his family after a misdemeanor theft conviction appeared on every background check. Landlords routinely denied his applications, despite the incident being more than five years old. After successfully setting aside the conviction, he was finally able to qualify for a rental in a safe neighborhood.
Reason #3: Protect Your Professional Licenses and Career
For many professions in Arizona, a criminal conviction can jeopardize your ability to obtain or maintain a professional license. Teachers, healthcare workers, real estate agents, commercial drivers, financial advisors, and countless others are subject to background checks as part of state licensing requirements.
Even a single conviction can trigger license denial, suspension, or revocation — potentially ending your career. Expunging your record or having it set aside strengthens your position when applying for or defending a professional license, showing that you’ve fulfilled your legal obligations and demonstrated rehabilitation.
According to the American Bar Association (ABA), there are over 27,000 professional licensing restrictions nationwide tied to criminal records — many of which apply in Arizona. Clearing your record is one of the most proactive steps you can take to protect your professional future.
If you’re in a licensed profession or planning to pursue one, don’t wait until a background check becomes a problem. Consult with a defense attorney who understands Arizona licensing and record relief laws.
Real Example:
We worked with a healthcare worker who faced the suspension of her nursing license after a prior drug possession charge resurfaced. Even though she had completed all court requirements, the record created barriers to license renewal. After the court granted a set aside, she retained her license and continued her career.
Reason #4: Regain Certain Civil Rights and Freedoms
A criminal conviction in Arizona can result in the loss of important civil rights — including your right to vote, serve on a jury, hold public office, and possess firearms. For many people, restoring these rights is a critical part of truly moving forward after a conviction.
While expungement and setting aside a conviction offer different levels of relief, both may help demonstrate rehabilitation when petitioning to restore your rights. Expungement is limited in Arizona but may support civil rights restoration, while a set aside is often the first step toward showing the court you’ve fulfilled your obligations.
For example, under Arizona Revised Statutes §13-907, certain rights — like voting and serving on a jury — may be automatically restored after the completion of a sentence. However, firearm rights require a separate restoration process.
Working with an attorney experienced in post-conviction relief is essential if you plan to seek the restoration of firearm rights or professional opportunities requiring a clean record.
Learn more about the process of restoring your rights in Arizona by visiting our Expunge / Restore Rights page.
Real Example:
A client came to us after learning his prior felony conviction made him ineligible to vote or own a firearm. By filing for a set aside and petitioning separately for rights restoration, we helped him regain the ability to vote and participate in civic life again — a major milestone for his family.
Reason #5: Protect Your Family, Reputation, and Peace of Mind
The impact of a criminal record goes beyond jobs, housing, and rights — it can follow you in personal relationships, school events, volunteer opportunities, and everyday life. Many people report feeling constant anxiety or shame knowing their record is just a background check away from resurfacing.
Clearing your record through expungement or setting aside a conviction helps protect your reputation and restore confidence. Whether you’re applying to coach your child’s sports team, volunteer at their school, or support your community, clearing your record allows you to move forward without fear of judgment.
Parents often face additional barriers like limited custody or adoption opportunities due to prior convictions. Even if a conviction is decades old, it can create challenges — particularly in family court or during background checks for school and youth activities.
Taking legal action now doesn’t just protect your own future — it helps protect your family’s future and peace of mind.
If parenting rights or child custody is impacted, consult our Family Law team for support.
Real Example:
One parent was unable to volunteer at his child’s school because of an old criminal damage conviction from his early twenties. Every background check blocked him from coaching youth sports or chaperoning events. After we successfully set aside the conviction, he proudly volunteered at his daughter’s school for the first time.
Why Act Now? Don’t Wait to Clear Your Record
When it comes to clearing your criminal record, waiting only prolongs the consequences. Every job application, rental inquiry, or background check keeps your past front and center — until you take action.
Arizona’s laws around expungement and setting aside convictions are complex, and eligibility can change based on the offense, court decisions, and evolving legislation. For example, Arizona’s marijuana expungement under Proposition 207 is a unique opportunity that may not be available indefinitely.
Acting now protects your future, especially if you’re:
- Job hunting or applying for a professional license
- Planning to buy a home or secure new housing
- Seeking to restore your firearm rights or vote
- Preparing for a custody case or family court
The sooner you start, the sooner you’ll see real benefits — fewer rejections, more peace of mind, and the confidence to move forward without your record holding you back.
Speak with an Arizona Criminal Defense Attorney Today
Clearing your criminal record is one of the most powerful steps you can take to protect your future. Whether you’re eligible for expungement under Arizona law or seeking to have your conviction set aside, working with an experienced criminal defense attorney ensures you understand your options and avoid costly mistakes.
At The Valley Law Group, our criminal defense attorneys have helped countless clients reduce the lasting impact of a conviction. We’ll review your case, explain your eligibility, and guide you through the process — so you can move forward with confidence.
Don’t let your past limit your future. Contact us today to schedule a confidential consultation and start the process of clearing your record.
Resources:
- National Employment Law Project. (n.d.). Workers with records: Employment barriers and solutions. NELP. Retrieved March 11, 2025, from https://www.nelp.org/explore-the-issues/workers-with-records/
- Urban Institute. (2018). Criminal records as a barrier to housing. Retrieved March 11, 2025, from https://www.urban.org/sites/default/files/publication/99674/criminal_records_as_a_barrier_to_housing_0.pdf
- American Bar Association. (n.d.). Collateral consequences of criminal convictions: Professional licensing barriers. Retrieved March 11, 2025, from https://www.americanbar.org/groups/criminal_justice/cc/
- Arizona State Legislature. (n.d.). ARS §13-907 – Restoration of civil rights. Retrieved March 11, 2025, from https://www.azleg.gov/ars/13/00907.htm
- Arizona Judicial Branch. (n.d.). Proposition 207 (Marijuana) expungement information. Retrieved March 11, 2025, from https://www.azcourts.gov/prop207