Prescott, Arizona · A.R.S. § 13-905
Set Aside Conviction in Prescott, AZ
Arizona's set-aside law (A.R.S. § 13-905) lets eligible Prescott 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 Prescott — local details
Where to file
Yavapai County Superior Court
Yavapai County Courthouse, 120 S. Cortez St., Prescott, AZ 86303
E-filing
Yavapai offers eFiling in civil, criminal, family law, probate, and juvenile delinquency cases via the AZ statewide eFileAZ portal. Mandatory for attorneys in family law cases (since 2022); optional for self-represented filers in other case types.
Payment methods
Cash, cashier's checks, personal checks, credit cards, money orders, traveler's checks, Western Union.
Prosecutor service
Yavapai County Attorney's Office
255 E. Gurley St., Prescott, AZ 86301
Alternate filing locations
Yavapai County also operates a branch courthouse in Camp Verde at 2840 N. Commonwealth Dr. — closer for filers in the Sedona/Verde Valley area. For Prescott, Prescott Valley, and Chino Valley residents, the main Prescott courthouse on Cortez Street is the closer option.
Parking & access
The Granite Street Parking Garage and street parking around the courthouse provide free public parking. Spots can be limited during peak court hours.
Processing time
Yavapai County processing times are typically 60-120 days for uncontested petitions. The county has been paperless on civil/criminal/family-law cases since 2022, which has streamlined record retrieval.
Judge assignment
Yavapai has multiple Superior Court divisions in Prescott and one in Camp Verde. Sealing petitions go to the original sentencing judge when possible; otherwise to whichever criminal-bench judge handles that calendar.
After-hours filing
In-person and mail filings only. Yavapai operates two physical filing locations — Prescott (main) and Camp Verde (branch).
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 Prescott 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.
Prescott Set Aside Conviction FAQ
Where do Prescott residents file a § 13-905 set-aside application?
Applications are filed with the Yavapai County Superior Court where the conviction was entered. The criminal filing counter is at 120 S. Cortez St., Prescott, AZ 86303. Hours are 8:00 AM – 5:00 PM, Monday – Friday.
What's the difference between set-aside and sealing in Prescott?
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 Yavapai County.
Is there a waiting period for set-aside in Prescott?
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 Prescott 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. Yavapai County Attorney's Office reviews most petitions and can be reached at (928) 771-3344.
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