For Criminal Cases Only

RIGHT TO APPLY FOR SET ASIDE & CERTIFICATE OF SECOND CHANCE

A.R.S. §13-905; Setting Aside Judgment of convicted person on discharge; application; release from disabilities; firearm possession; exceptions

Please reference the complete statute for ARS 13-905 prior to completing an application with this Court.

Applications to Set Aside and Applications for Certificate of Second Chance may be filed once all terms of your sentence have been completed. You may contact the Court in person or by phone to inquire as to the status of your criminal case, to ensure that your case is in an eligible status to apply for Set Aside and Certificate of Second Chance. If you were convicted of multiple offenses, each case and each individual charge must be addressed.

After completing the required Application form – file the document with the Goodyear Municipal Court via email at goodyearcourt@courts.az.gov , deliver in person at our customer service counter, or fax to 623-932-6936.

There are two different application forms available from the Court:

1. Application to Set Aside Conviction ARS 13-905
   1. File this form if you have a criminal conviction that you are seeking to have set aside by the Court. 
2. Application for Certificate of Second Chance
   1. File this form only if you previously received a Conviction Set Aside Order prior to August 2024 with this Court.

Do not follow this application process if you are looking for an ‘expungement’ or ‘sealing’ of your case record. Refer to the separate processes established for Expungement of Marijuana violations (ARS 36-2862) or Petitions to Seal case records (ARS 13-911). These processes are available on the Court website under their respective categories.

For further information, you may considering consulting an attorney for legal advice.

13-905. Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance; firearm possession; exceptions

A. Except as provided in subsection P of the section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the court to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of sentencing.  The court may issue an order that includes a certificate of second chance to a person whose judgment of guilt is set aside pursuant to subsection K or N of this section.

B. The person or the person's attorney or probation officer may apply to set aside the judgment.  The clerk of the court may not charge a filing fee for an application to have a judgment of guilt set aside.

C. The court shall consider the following factors when determining whether to set aside the conviction:

1. The nature and circumstances of the offense that the conviction is based on.

2. The applicant's compliance with the conditions of probation, the sentence imposed and any state department of corrections' rules or regulations, if applicable.

3. Any prior or subsequent convictions.

4. The victim's input and the status of victim restitution, if any.

5. The length of time that has elapsed since the completion of the applicant's sentence.

6. The applicant's age at the time of the conviction.

7. Any other factor that is relevant to the application.

D. If the application is granted, the court shall set aside the judgment of guilt, dismiss the complaint, information or indictment and order that the person be released from all penalties and disabilities resulting from the conviction except those imposed by:

1. The department of transportation pursuant to section 28-3304, 28-3305, 28-3306, 28-3307, 28-3308, 28-3312 or 28-3319.

2. The game and fish commission pursuant to section 17-314 or 17-340.

3. A lifetime injunction that is issued pursuant to section 13-719.

E. A conviction that is set aside may be:

1. Used as a conviction if the conviction would be admissible had it not been set aside.

2. Alleged as an element of an offense.

3. Used as a prior conviction.

4. Pleaded and proved in any subsequent prosecution of the person by this state or any political subdivision of this state for any offense.

5. Used by the department of transportation in enforcing section 28-3304, 28-3305, 28-3306, 28-3307, 28-3308, 28-3312 or 28-3319 as if the judgment of guilt had not been set aside.

6. Used as the basis to issue a lifetime injunction pursuant to section 13-719.

F. The clerk of the court must notify the department of public safety if a conviction is set aside.  The department of public safety must update the person's criminal history with an annotation that the conviction has been set aside and, if applicable, a certificate of second chance has been issued but may not redact or remove any part of the person's record.

G. This section does not:

1. Require a law enforcement agency to redact or remove a record or information from the record of a person whose conviction is set aside.

2. Preclude the department of public safety or the board of fingerprinting from considering a conviction that has been set aside when evaluating an application for a fingerprint clearance card pursuant to section 41-1758.03 or 41-1758.07.

H. If the state or the victim objects to an application to have a judgment of guilt set aside, an objection to the application must be filed within thirty days after the application is filed with the court.  If an objection is filed, the court may set a hearing.

I. If the court denies an application to have a judgment of guilt set aside, the court shall state its reasons for the denial in writing and on the record.

J. A victim has the right to be present and be heard at any proceeding in which the defendant has filed an application to have a judgment of guilt set aside pursuant to this section.  If the victim has made a request for postconviction notice, the attorney for the state shall provide the victim with notice of the defendant's application, of whether the person is eligible for a certificate of second chance and of the rights provided to the victim in this section.

K. If the court grants the application to set aside the judgment of guilt, the court's order must include a certificate of second chance if the person was convicted of any of the following:

1. A misdemeanor.

2. A class 4, 5 or 6 felony and at least two years have elapsed since the person fulfilled the conditions of probation or sentence.

3. A class 2 or 3 felony and at least five years have elapsed since the person fulfilled the conditions of probation or sentence.

L. Notwithstanding subsection K of this section, a person is not eligible for a certificate of second chance if the person has previously received a certificate of second chance on the set aside of a felony conviction. For the purposes of this subsection, "felony conviction" includes multiple felony convictions resulting from the same act or course of conduct.

M. The certificate of second chance:

1. Unless specifically excluded by this section, releases the person from all barriers and disabilities in obtaining an occupational license issued under title 32 that resulted from the conviction if the person is otherwise qualified.

2. Provides an employer of the person with all of the protections that are provided pursuant to section 12-558.03.

3. Provides another person or an entity that provides housing to the person with all of the protections limiting the introduction of evidence that are provided to an employer pursuant to section 12-558.03, subsection B.

4. Is not a recommendation or sponsorship for or a promotion of the person who possesses the certificate of second chance when applying for an occupational license, employment or housing.

N. If the court does not issue an order that includes a certificate of second chance when the person's conviction is set aside, the person, unless otherwise precluded by this section, may apply to the court for a certificate of second chance after meeting the requirements prescribed in subsection K of this section. If a victim has made a request for postconviction notice, the attorney for the state shall provide the victim with notice of the person's application for a certificate of second chance and the victim's rights under this section.

O. Notwithstanding section 13-910, if a conviction is set aside, the person's right to possess a firearm is restored. This subsection does not apply to a person who was convicted of a serious offense as defined in section 13-706.

P. This section does not apply to a person who was convicted of any of the following:

1. A dangerous offense.

2. An offense for which the person is required or ordered by the court to register pursuant to section 13-3821.

3. An offense for which there has been a finding of sexual motivation pursuant to section 13-118.

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

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July 2024