What makes a person eligible to have a conviction set aside?
If a person is attempting to set aside a conviction that is eligible for a “set aside” under Arizona law (i.e. DUI, most felonies), she still must meet other requirements. A person convicted of a crime must have fulfilled the conditions of her probation or sentence and have been discharged by the Court. Additionally, if a person has been convicted of two (2) or more felonies and/or sentenced to prison, that person must wait two (2) full years before applying for the judgment to be set aside, to restore her civil rights, and to restore her gun rights. It is then in the judge’s discretion whether a set aside will be granted.
