Mesa, Arizona · A.R.S. § 13-905
Set Aside Conviction in Mesa, AZ
Arizona's set-aside law (A.R.S. § 13-905) lets eligible Mesa residents apply to vacate the judgment of guilt and add a "set aside" notation to their record. Set-aside is broader in scope than sealing — most convictions qualify (excluding the (P)-list of sex offenses, dangerous offenses, and certain DUIs). Set-aside also automatically restores civil rights under § 13-907.
Filing in Mesa — local details
Where to file
Maricopa County Superior Court – Southeast Regional Center
Southeast Regional Court Center, 222 E. Javelina Ave., Mesa, AZ 85210
E-filing
Available — Mesa cases follow Maricopa County's eFiling system. Use the Clerk's Office Online Portal for criminal cases (separate from AZTurboCourt).
Payment methods
Visa, MasterCard, American Express, money orders, or law-firm/business checks. NO personal checks accepted at any Maricopa County clerk location.
Prosecutor service
Maricopa County Attorney's Office (handles Mesa cases)
301 W. Jefferson St., 8th Floor, Phoenix, AZ 85003
Alternate filing locations
Mesa filers may also use the Central Court Complex (201 W. Jefferson, Phoenix) for criminal filings, especially when filing alongside other Maricopa cases. The Southeast Regional Court at 222 E. Javelina is closer for East Valley residents.
Parking & access
Free parking is available adjacent to the Southeast Regional Court at 222 E. Javelina. The Mesa courthouse is near the Mesa Drive light-rail station for those using public transit.
Processing time
Mesa cases are filed in Maricopa County's system, so processing times match Phoenix: 60-90 days for uncontested petitions. The Southeast Regional Court handles intake, but petitions may be heard at the Central Court Complex depending on judge assignment.
Judge assignment
Sealing petitions are routed to the original sentencing judge when possible. East Valley criminal-bench judges typically hear local cases; some petitions may be reassigned to downtown Phoenix depending on the judge's current calendar.
After-hours filing
After-hours filing depositories are available at the Central Court Complex in downtown Phoenix. The Mesa Southeast Regional Court accepts in-person filings during business hours.
What set aside conviction does
Does
- Vacates the judgment of guilt
- Adds a "set aside" notation to the record
- Restores civil rights (if not already auto-restored under § 13-907)
- Reduces stigma on background checks — many employers treat set-aside convictions favorably
Doesn't
- Does not seal or hide the record (you would need § 13-911 separately)
- Does not erase the conviction for purposes of later sentencing enhancement
- Does not affect immigration consequences
- Does not restore firearm rights — those go through § 13-910 separately
The statute, in plain terms
Section 13-905 has no statutory waiting period beyond completion of probation/sentence. Subsection (P) lists explicit exclusions: dangerous offenses, sex offenses requiring registration, offenses where the victim was under 15, and select DUI categories. All restitution and fines must be paid before applying. The court is required to give weight to the petitioner's rehabilitation and any harm to victims when ruling.
Note for Mesa filers: Set-aside is discretionary — even when statutorily eligible, the court weighs factors like the petitioner's rehabilitation, the nature of the offense, and any post-discharge conduct. A strong personal statement is the single most important predictor of a granted petition.
Mesa Set Aside Conviction FAQ
Where do Mesa residents file a § 13-905 set-aside application?
Applications are filed with the Maricopa County Superior Court – Southeast Regional Center where the conviction was entered. The criminal filing counter is at 222 E. Javelina Ave., Mesa, AZ 85210. Hours are 8:00 AM – 5:00 PM, Monday – Friday.
What's the difference between set-aside and sealing in Mesa?
Set-aside (§ 13-905) vacates the judgment but the record stays public — anyone running a background check can still find the case, but they'll see "set aside" alongside the conviction. Sealing (§ 13-911) hides the record from public view entirely. Many petitioners file both: set-aside first to vacate the conviction, then sealing to hide it. Each is a separate $0-court-fee filing in Maricopa County.
Is there a waiting period for set-aside in Mesa?
No statutory waiting period — you can apply as soon as probation is discharged and all fines/restitution are paid in full. Some petitioners wait deliberately to build a stronger record of rehabilitation, but you're not required to.
Does set-aside restore my voting rights?
For most Mesa residents, civil rights (including voting) are already auto-restored under HB2119 (effective Sept 24, 2022) at probation discharge — no application needed. Set-aside also independently restores civil rights as a matter of law. If your civil rights weren't auto-restored (e.g., second felony, out-of-state conviction), set-aside accomplishes restoration.
What if my petition is denied?
Set-aside denials don't carry a refile waiting period (unlike sealing under § 13-911, which has a 3-year wait after denial). You can refile after curing whatever issue led to the denial — usually unpaid restitution, an active warrant, or a subsequent conviction. Maricopa County Attorney's Office (handles Mesa cases) reviews most petitions and can be reached at (602) 506-3411.
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