Phoenix, Arizona · A.R.S. § 13-905
Set Aside Conviction in Phoenix, AZ
Arizona's set-aside law (A.R.S. § 13-905) lets eligible Phoenix 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 Phoenix — local details
Where to file
Maricopa County Superior Court
Central Court Complex, Criminal File Counter, 201 W. Jefferson St., Phoenix, AZ 85003
E-filing
Available for criminal cases via the separate Clerk's Office portal (NOT through AZTurboCourt — that's civil/tax only in Maricopa County).
Payment methods
Visa, MasterCard, American Express, money orders, or law-firm/business checks. NO personal checks accepted.
Prosecutor service
Maricopa County Attorney's Office
301 W. Jefferson St., 8th Floor, Phoenix, AZ 85003
Alternate filing locations
For Mesa-area residents, the Southeast Regional Court at 222 E. Javelina Ave., Mesa AZ 85210 also accepts filings. For NE Phoenix residents, the Northeast Regional Court Center at 18380 N. 40th St., Suite 120 is closer.
Parking & access
Public parking is available in the underground garage at 1 N. 4th Ave. (entrance off Jefferson St.). Metered street parking is also available throughout the downtown courthouse district.
Processing time
Maricopa County typically processes uncontested petitions within 60-90 days. Contested petitions where the prosecutor objects can take 4-6 months. The 60-day prosecutor-objection window under § 13-911 is the floor — petitions are generally not decided sooner.
Judge assignment
Cases are assigned to the original sentencing judge when possible. If that judge has retired or moved, a different criminal-bench judge will be assigned via the random-assignment system.
After-hours filing
Yes — four exterior 24/7 filing boxes at the Central Court Complex (201 W. Jefferson) for after-hours filing.
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 Phoenix 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.
Phoenix Set Aside Conviction FAQ
Where do Phoenix residents file a § 13-905 set-aside application?
Applications are filed with the Maricopa County Superior Court where the conviction was entered. The criminal filing counter is at 201 W. Jefferson St., Phoenix, AZ 85003. Hours are 8:00 AM – 5:00 PM, Monday – Friday.
What's the difference between set-aside and sealing in Phoenix?
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 Phoenix?
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 Phoenix 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 reviews most petitions and can be reached at (602) 506-3411.
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