Part VII · Post-Verdict Proceedings

Rule 29.7. Certificate of Second Chance

Amended December 6, 2023 (current) Contains Deadlines

(a) If the court grants an application to set aside the judgment of guilt, the court's order must include a certificate of second chance if the defendant has not previously received a certificate of second chance on the set aside of a felony conviction and

(1) the defendant was convicted of a misdemeanor;

(2) the defendant was convicted of a class 4, 5 or 6 felony and at least 2 years have elapsed since the defendant fulfilled the conditions of probation or sentence; or

(3) the defendant was convicted of a class 2 or 3 felony and at least 5 years have elapsed since the defendant fulfilled the conditions of probation or sentence.

(b) If the court does not issue an order that includes a certificate of second chance when the defendant's conviction is set aside, the defendant may apply to the court for a certificate of second chance after meeting the requirements in A R.S. § 13-905(K) unless the defendant has previously received a certificate of second chance on the set aside of a felony conviction. Rule 29.2 applies to such an application.