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What a Set-Aside Conviction Changes Online and What It Doesn’t
February 25, 2026
Table of Contents
You completed the legal process. The court granted relief. The conviction was set aside.
Then you search your name online — and the old information is still there.
This surprises many people. A set-aside conviction changes how the law treats a case, but it does not reset the internet. Court systems and online information operate under different rules.
This guide explains what actually changes after a conviction set aside, what remains public, and why both outcomes can exist at the same time.
What Is a Set-Aside Conviction?
A set-aside conviction is a court order that vacates a judgment of guilt after a person completes their sentence and meets the legal requirements. A judge reviews the case and may issue an order setting aside the original conviction to recognize rehabilitation.
In most states, including Arizona, a person must file an application to set aside with the same court that handled the case — often a county court or superior court.
When the court grants the request:
- The original conviction is marked as “set aside.”
- The person’s record shows rehabilitation.
- Some penalties and disabilities resulting from the conviction are reduced.
But the key point is this:
A conviction set aside does not erase the criminal record.
The conviction still appears in the court and public records. The labeling changes, not the historical fact.
How the Set-Aside Process Works
The process usually begins after a convicted person completes probation, pays fines, and satisfies all court conditions.
Typical steps include:
- Filing forms with the court clerk or clerk’s office
- Paying filing fees or submitting a money order (fees vary by state)
- Providing proof of the applicant’s compliance with the sentence
- Review by a prosecutor and court staff
- Judicial review or hearing if required
The application process can take six months or longer, depending on the jurisdiction.
The judge considers several factors:
- Nature of the criminal offense
- Completion of probation or community service
- Payment of court costs and victim restitution
- Prior conviction or subsequent convictions
- Rehabilitation and conduct after sentencing
Certain crimes — especially a dangerous offense, serious offense, or crimes involving sexual motivation — are often not eligible.
If the court denies the request, the judge must explain the denial in writing. In many states, the applicant may request a rehearing within 21 days or wait several years before applying again.
What a Set-Aside Conviction Changes Online
A conviction set aside primarily affects official legal records.
1. Court Records Are Updated
After the court order is granted:
- The conviction record is updated by the court clerk.
- The judgment changes from “guilty” to “conviction set aside.”
- Background checks pulling directly from court databases reflect the new status.
The criminal conviction set becomes legally recognized as resolved.
Employers or licensing boards reviewing official court documents may now see evidence of rehabilitation rather than an active conviction.
2. Some Professional Opportunities Improve
Setting aside a conviction can help restore opportunities that were limited by a prior conviction.
Depending on state law, a person may:
- Qualify for a professional license
- Apply for a fingerprint clearance card
- Improve employment prospects
- Reduce stigma tied to a criminal history
Studies show people with a conviction set aside often experience better employment outcomes and lower recidivism rates.
But improvement does not mean disappearance.
3. Certain Civil Rights May Be Partially Restored
A set-aside signals rehabilitation under the law. Some civil rights may be restored depending on the jurisdiction.
However:
- Voting or firearm rights are not automatically restored in many states.
- Separate legal requests may still be required.
The set-aside is one legal step, not the final one.
What a Set-Aside Conviction Does NOT Change Online
This is where confusion usually happens.
A set-aside affects courts. The internet operates independently.
1. The Criminal Record Still Exists
A set-aside does not equal expungement.
- The conviction remains part of the person’s record.
- Arrest records and court documents still exist.
- The public record is modified, not deleted.
Expungement, by contrast, seals or permanently removes records. Most states treat these as separate legal remedies.
2. News Articles and Media Coverage Stay Online
Courts cannot order independent publishers to remove past reporting.
If a news site covered the arrest or criminal case, that article usually remains searchable because:
- It is protected speech.
- It exists outside court databases.
- Search engines index webpages, not court outcomes.
Even after setting aside the conviction, those articles may still appear in search results.
3. Private Background Check Sites May Not Update Quickly
Many websites collect arrest records and criminal history data from public sources.
These companies are not automatically notified when a conviction is set aside.
As a result:
- Old information may continue appearing.
- Updates can take months or longer.
- Some sites require manual correction requests.
This delay is one of the most common frustrations people face after relief is granted.
4. Social Media Mentions Remain
- Posts made by other users
- Forum discussions
- Personal mentions
- Archived content
Unless removed by the original poster or platform, these references often remain online.
Why the Internet and Courts Work Differently
Courts manage legal status. Search engines manage information retrieval.
When a conviction is set aside:
- Court databases update.
- Search engines still index existing web pages.
- Older content continues ranking unless removed or replaced.
This gap explains why someone can receive a legal second chance while still facing online visibility issues.
What You Can Do After a Conviction Is Set Aside
Legal relief is only one part of rebuilding a digital reputation.
Practical next steps include:
- Request updates from background check companies
- Monitor search results regularly
- Keep copies of the court order setting aside the conviction
- Consult a lawyer if inaccurate records remain
- Ask publishers to update articles when appropriate
Some counties and states offer expungement fairs or intake programs where attorneys assist with applications and follow-up steps.
You can also use legal directories or a Guide to Legal Help resource to locate attorneys experienced with set-aside or expungement procedures.
Limitations to Understand
A conviction set aside:
- Does not seal records
- Does not erase arrest history
- Does not guarantee removal from search engines
- May still be considered in future criminal cases in some circumstances
Certain penalties — such as driver’s license consequences — may also remain in effect under the law.
Understanding these limits prevents unrealistic expectations.
Set-Aside vs. Expungement: The Key Difference
| Process | What Happens |
|---|---|
| Set Aside Conviction | Judgment voided; record remains but relabeled |
| Expungement | Record sealed or treated as if it did not occur |
Many people pursue expungement after a set-aside when eligible.
The Bigger Picture: A Legal Second Chance, Not Digital Erasure
Set-aside laws exist to recognize rehabilitation. Courts use them to acknowledge that a person completed their sentence and moved forward.
And they work — legally.
But online information does not automatically follow court decisions. The legal system and the internet move on different timelines.
A conviction set aside changes how the law sees you. Managing what appears online often requires additional steps beyond the courtroom.
Frequently Asked Questions
Does a set-aside remove my criminal conviction?
No. It changes the labeling of the conviction but does not erase the record.
Can a judge deny a set-aside request?
Yes. The court must explain the denial in writing, and you may request reconsideration depending on state law.
How long does the process take?
Often 6 months or more, depending on the court’s workload and eligibility review.
Will employers still see my record?
They may see it, but it will show as a conviction set aside rather than an active conviction.
Should I talk to a lawyer?
Yes. Procedures vary widely by state, and legal guidance helps avoid delays or denial.
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