Starting a Business with a Clean Slate: How Arizona Set Aside Can Help Entrepreneurs
If you have a criminal conviction on your record and want to start a business in Arizona, you’re not alone. Many aspiring entrepreneurs feel held back by past mistakes, even long after serving their time. Whether it’s getting denied a business loan, facing licensing issues, or struggling to build trust with clients, a conviction can follow you in ways you didn’t expect.
The good news? Arizona law offers a legal remedy known as a “set aside.” This process doesn’t erase your conviction but does officially mark it as dismissed. That distinction can make a significant difference when you’re applying for permits, pitching ideas to investors, or simply trying to build credibility in your field.
At Shah Law Firm, we’ve helped many clients use Arizona’s set-aside laws to move forward confidently.
This article will walk you through how the Arizona set-aside process works, why it matters to entrepreneurs, and how working with an experienced attorney like Arja Shah can help you get results faster and with fewer roadblocks. Whether you’re just starting your business journey or looking to expand, a clean slate could be the edge you need.
What Does “Set Aside” Mean Under Arizona Law?
A set aside in Arizona is a legal process where a court officially nullifies a previous conviction. This doesn’t erase the conviction from your record like expungement might in other states. Instead, it updates your record to show that the judgment of guilt has been “set aside” and that you’ve completed all the requirements of your sentence.
The statute that governs this process is ARS § 13-905. According to this law, a person who has fulfilled all conditions of their sentence can apply to have their conviction set aside. The court then considers a number of factors before deciding whether to grant it.
In simple terms, if you’re granted a set aside, your record still shows the conviction, but it also shows that the case was dismissed after successful completion. This is a powerful distinction when you’re applying for business licenses, seeking contracts, or building a public profile.
It’s also worth noting that a set aside restores many civil rights, including the right to vote and, in some cases, the right to possess firearms. For entrepreneurs, the most immediate benefit is that it reduces the stigma associated with having a criminal record.
Why a Set Aside Matters for Arizona Entrepreneurs
When you’re launching a business, perception matters. A criminal conviction—even from years ago—can raise red flags that slow your progress.
Investors, partners, clients, and licensing boards often conduct background checks before doing business with someone.
A set aside helps by demonstrating that you’ve completed your sentence, taken responsibility, and made efforts to move on. That can make a big difference when:
- Applying for a professional license (e.g., contractor, real estate, cosmetology).
- Seeking small business loans or grants that require background checks.
- Renting commercial space or signing vendor contracts.
- Building trust with clients, especially in industries that require access to homes or sensitive information.
Attorney Arja Shah understands how much a past conviction can affect your future. With nearly 20 years of experience in Arizona criminal defense, she fights hard to help her clients reclaim opportunities that a conviction may have taken away.
Real-Life Examples of Set Asides Helping Small Business Owners
Example 1: A Phoenix-based landscaper with a past assault charge
Several years ago, a young man was convicted of misdemeanor assault under ARS § 13-1203 after a bar fight. After completing his probation, he started a landscaping business. But when trying to land a major HOA contract, the background check raised concerns. With our help, he petitioned for a set aside, and once it was granted, he was able to move forward and win the bid.
Example 2: A single mother launching a home cleaning service
Convicted of a low-level theft offense under ARS § 13-1802 while struggling financially, this woman had turned her life around and wanted to launch a cleaning business. Clients were hesitant due to her record. After her conviction was set aside, she started getting regular referrals and was later able to register as a vendor with property management firms.
These are just two of many examples where the set-aside process has made a real impact. Each case is unique, but the goal is the same: remove barriers so people can succeed.
Who Qualifies for a Set Aside in Arizona?
Not everyone qualifies for a set aside, but many do. Under ARS § 13-905, a person can apply once they have:
- Completed all terms of their sentence, including probation, jail time, fines, and restitution.
- Not been convicted of an excluded offense.
Arizona law excludes some offenses from eligibility, including:
- Dangerous crimes against children
- Sexual offenses requiring registration
- Felonies involving the use of a deadly weapon
The court will also weigh factors such as:
- The nature and severity of the offense
- The time since the conviction
- Your conduct since completing the sentence
- Any additional criminal history
Arja Shah works closely with clients to present the strongest possible case. She knows what courts look for and how to address concerns that could delay or block a set-aside request.
The Set-Aside Process: What to Expect Step-by-Step
Here’s what the process generally looks like in Arizona:
- Evaluate Eligibility: Review your conviction and sentence to see if you qualify.
- Gather Records: This includes court documents, proof of sentence completion, and evidence of rehabilitation.
- File the Petition: Your attorney files a formal request with the court under ARS § 13-905.
- Judicial Review: The judge may schedule a hearing or decide based on the written petition.
- Court Decision: If granted, the judgment is set aside and the case is updated in public records.
While the process may sound simple, small errors or incomplete documents can lead to delays or denials. That’s why having an attorney experienced in Arizona courts, like Arja Shah, is important.
FAQs About Arizona Set Asides for Business Owners
- Does a set aside erase my record?
No. It updates your record to show the conviction was set aside and the case was dismissed, but the original charge still appears. - Can I apply for professional licenses after a set aside?
Yes, and your application is more likely to be approved if your record shows the offense was dismissed. - How long do I have to wait before applying?
There’s no specific waiting period, but you must complete your entire sentence first. - Do I need a lawyer to file a set aside?
You’re not required to have one, but an attorney improves your chances by ensuring your petition is strong, complete, and accurate. - Will a set aside help me get a loan?
Possibly. Some lenders view set-aside convictions more favorably than active convictions. - Is the process the same across all Arizona counties?
The law is statewide, but judges and courts vary in how they review petitions. Shah Law Firm knows how to navigate different jurisdictions. - What if I have multiple convictions?
You can apply for a set aside for each one, and the court will review them individually.
How Shah Law Firm Can Help
At Shah Law Firm, we know how important it is for you to move forward in life, especially if you’re trying to build something for yourself and your family. Attorney Arja Shah has handled thousands of cases across Arizona, and she knows exactly what judges look for when reviewing set-aside petitions.
What sets us apart is personal service. When you work with us, you speak directly to a lawyer, not a case manager or assistant.
Arja takes the time to understand your goals, your record, and the best legal path forward. Her nearly 20 years of experience mean she knows how to frame your story in a way that courts respect.
Whether you’re in Phoenix, Mesa, Scottsdale, or another Arizona city, we can help. We offer free one-on-one consultations and will guide you through every step of the process. From document collection to filing and follow-up, we make sure nothing gets missed.
Call Shah Law Firm today at (602) 536-8866 or take our FREE ELIGIBILITY SURVEY to see if you qualify. If you’re ready to start your business with a clean slate, we’re ready to help you get there.
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