Prescott Expungement Lawyers — Set Aside and Record Relief in Yavapai County

A criminal conviction in Prescott can affect employment in Central Arizona’s competitive job market, limit housing options in Yavapai County’s active real estate environment, and create barriers to professional licensing across many fields. Arizona’s approach to post-conviction record relief differs significantly from Colorado’s record sealing framework — Arizona uses a “set aside” procedure rather than sealing, and for certain offenses, it also offers a newer expungement process for marijuana offenses. Burnham Law’s Prescott post-conviction relief attorneys help clients navigate Arizona’s specific relief options, evaluate eligibility accurately, and handle the petition process in Yavapai County Superior Court.

Meet our Prescott criminal defense team below — attorneys experienced in Arizona set aside petitions and post-conviction relief in Yavapai County Superior Court.

Arizona’s Set Aside Procedure

Arizona’s primary post-conviction relief for criminal records is the “set aside” — governed by A.R.S. § 13-905. A set aside does not erase or seal the conviction; it is a court order that changes the record’s disposition to “conviction set aside” and releases the defendant from the penalties and disabilities of the conviction to the extent permitted by law. The conviction still appears on the record and can be found by those conducting thorough background checks, but the set aside changes how the conviction is characterized and eliminates many of its practical consequences.

A set aside requires that the defendant has completed all conditions of their sentence — including probation, fines, restitution, and any other requirements — and that there are no pending charges or additional sentences. The court considers the nature of the offense, the circumstances of the conviction, compliance with all sentence conditions, the time elapsed since completion, and whether the defendant has led a law-abiding life since the conviction. Set asides are not available for all offenses — certain serious offenses involving dangerous crimes, sexual offenses against children, and offenses with a minor victim are not eligible.

Arizona also enacted a marijuana expungement law — A.R.S. § 36-2862 — following the passage of Proposition 207 legalizing adult recreational cannabis. This law allows people with marijuana convictions for conduct that is now legal under Arizona law to petition for expungement of those specific records. Unlike the set aside, marijuana expungement under this provision results in actual dismissal and sealing of the record. This is a meaningful distinction for Prescott residents with older marijuana convictions from before legalization.

What Our Prescott Post-Conviction Relief Attorneys Handle

Set aside petitions: We evaluate eligibility for set aside under A.R.S. § 13-905, prepare comprehensive petitions that address all statutory factors, and file in Yavapai County Superior Court. For cases where the County Attorney might object, we prepare thorough responses addressing each objection.

Marijuana expungement under Proposition 207: For clients with marijuana convictions for conduct that is now legal under Arizona’s adult-use cannabis law, we evaluate eligibility for expungement under A.R.S. § 36-2862 and handle the petition process in Yavapai County Superior Court. This is a significantly stronger form of relief than the standard set aside.

Civil rights restoration: Arizona law provides for restoration of civil rights following conviction — including the right to vote and, in some circumstances, the right to possess firearms. Restoration of civil rights is a separate process from the set aside and has its own eligibility requirements and procedures. We handle civil rights restoration petitions for eligible Prescott clients.

Professional licensing impact analysis: We advise clients on how a set aside affects their specific professional licensing situation in Arizona — what the licensing board’s standards are, whether the board requires disclosure of set aside convictions, and what relief the set aside actually provides in their specific licensing context.

Multi-conviction evaluations: Prescott clients with multiple convictions from different incidents need comprehensive evaluation of all available relief across each conviction. We evaluate the full record, identify every eligible entry, and develop a coordinated petition strategy.

How the Set Aside Process Works in Yavapai County

A set aside petition for a Yavapai County conviction is filed in Yavapai County Superior Court. The petition must demonstrate completion of all sentence conditions, the absence of pending charges, and address the statutory factors the court is required to consider. The Yavapai County Attorney’s Office has an opportunity to object. For older convictions where the defendant has maintained a law-abiding life, objections are relatively uncommon, and the court may grant the petition without a hearing.

When the County Attorney objects or when the judge requires additional information, a hearing may be scheduled. At the hearing, both sides present argument, and the judge applies the statutory factors. The strength of the petitioner’s presentation — their compliance history, employment record, community ties, and the specific impact the conviction is having on their life — significantly affects the outcome.

After the set aside is granted, the court sends notice to relevant agencies and the record is updated to reflect the set aside disposition. Unlike Colorado’s record sealing, an Arizona set aside does not hide the conviction from background checks — the conviction appears, but as “set aside” rather than as a standard conviction. Understanding this distinction — and what it means practically for employment, licensing, and housing — is essential advice we give to every Prescott client pursuing post-conviction relief.

Why Burnham Law for Post-Conviction Relief in Prescott

Arizona set aside law expertise. Arizona’s set aside procedure — its eligibility requirements, its statutory factors, and its practical effect on background checks and licensing — is specific to Arizona law and differs fundamentally from Colorado’s record sealing framework. We apply Arizona’s specific framework accurately and pursue the strongest available relief for each client.

Marijuana expungement knowledge. Arizona’s Proposition 207 marijuana expungement provision — enacted in 2020 — is a newer and more powerful form of relief for eligible marijuana convictions. We evaluate every Prescott client with marijuana convictions for eligibility under this provision.

Yavapai County Superior Court petition experience. We file set aside and expungement petitions regularly in Yavapai County Superior Court and understand how the local County Attorney approaches these petitions and how Yavapai County judges evaluate the statutory factors.

Professional licensing practical guidance. We advise clients on what a set aside actually accomplishes in their specific licensing and employment context — including which licensing boards in Arizona recognize the set aside and which still consider the underlying conviction.

Frequently Asked Questions — Prescott Set Aside and Expungement

What is the difference between a set aside and expungement in Arizona?

Arizona’s standard set aside procedure (A.R.S. § 13-905) does not erase or seal the conviction — it changes the record’s disposition to “set aside” and releases the defendant from certain penalties and disabilities, but the conviction remains visible on background checks as a set aside conviction. Arizona’s marijuana expungement law (A.R.S. § 36-2862) provides actual expungement — dismissal and sealing — for specific marijuana convictions for conduct that is now legal. The marijuana expungement is significantly more powerful relief than the standard set aside, but it applies only to those specific qualifying marijuana convictions.

Who qualifies for a set aside in Arizona?

A set aside is available to defendants who have completed all conditions of their sentence — including probation, fines, and restitution — with no pending charges. Certain offenses are not eligible: dangerous crimes against children, offenses involving infliction of serious physical injury, offenses requiring sex offender registration, offenses involving the use of a deadly weapon, and offenses with a minor victim in certain circumstances. Eligibility requires analysis of the specific conviction against Arizona’s statutory exclusions.

Does an Arizona set aside help with employment background checks?

An Arizona set aside changes how the conviction appears on background checks — from a standard conviction to a “conviction set aside” — but does not hide or erase the conviction. Many Arizona employers and licensing boards recognize the set aside as a positive factor. Some employers treat a set aside conviction more favorably than a standard conviction. However, the conviction still appears, and some employers treat it similarly to a standard conviction. The practical employment benefit of a set aside depends on the employer, the industry, and the nature of the conviction.

Who qualifies for marijuana expungement under Arizona’s Proposition 207?

Arizona’s marijuana expungement law (A.R.S. § 36-2862) allows people to petition for expungement of convictions for conduct that is now legal under Proposition 207 — including possession of 2.5 ounces or less of marijuana, possession or transfer of 6 or fewer marijuana plants, and possession of paraphernalia used to consume marijuana. The expungement is available regardless of when the conviction occurred, as long as the conduct would now be legal under Arizona law. This provision can benefit Prescott residents with older marijuana convictions who did not realize they might qualify.

Can civil rights be restored after a felony conviction in Arizona?

Yes. Arizona law provides for restoration of civil rights following a felony conviction, including the right to vote and — after a two-year waiting period from completion of sentence for most offenses — the right to possess firearms, subject to certain exceptions. Restoration of civil rights is a separate process from the set aside and has its own eligibility requirements and petition process. For defendants whose felony conviction affected their civil rights, pursuing restoration alongside the set aside is often the most comprehensive approach to post-conviction relief.

Schedule a Consultation with a Prescott Expungement Lawyer

A criminal record in Prescott can limit opportunities in Arizona’s job market, housing market, and professional licensing landscape. Arizona’s set aside and expungement options may offer more relief than you realize — particularly for older marijuana convictions under Proposition 207. Burnham Law’s Prescott attorneys will evaluate your full record and tell you exactly what relief is available.

Call us or schedule a confidential consultation online. We handle set aside and expungement petitions throughout Yavapai County Superior Court.