Tucson, Arizona · A.R.S. § 13-905
Set Aside Conviction in Tucson, AZ
Arizona's set-aside law (A.R.S. § 13-905) lets eligible Tucson 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 Tucson — local details
Where to file
Arizona Superior Court in Pima County
Office of the Clerk of the Superior Court, 110 W. Congress St., Suite 241, Tucson, AZ 85701-1317
E-filing
Tucson criminal records filed July 1, 2015 or later are searchable through the AZ Judicial Branch eAccess portal. eFiling for new criminal documents follows the same statewide system used by Maricopa.
Payment methods
Money orders, business checks, and major credit cards. The Pima County clerk does accept personal checks for some fees, but check before relying on that.
Prosecutor service
Pima County Attorney's Office
32 N. Stone Ave., Suite 1400, Tucson, AZ 85701
Alternate filing locations
Pima County is geographically large. Tucson residents in the south can reach the Superior Court at 110 W. Congress in 15 minutes. Marana and Oro Valley residents have a longer drive — about 25-35 minutes from north Pima County.
Parking & access
Public parking is available in the El Presidio garage at 160 W. Alameda St. (about 2 blocks from the courthouse). Metered street parking is available downtown but can be hard to find during business hours.
Processing time
Pima County processing times are generally 75-120 days for uncontested petitions, slightly longer than Maricopa due to lower judicial staffing per capita. The 60-day prosecutor-objection window under § 13-911 still applies.
Judge assignment
Pima County rotates criminal cases through its 53 judicial officers. Sealing petitions typically go to the original sentencing judge if still on the bench; otherwise to whichever criminal-bench judge is currently assigned to that calendar.
After-hours filing
Filings are accepted in person and by mail at the downtown Tucson clerk's office. After-hours depository availability varies — call ahead to confirm.
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 Tucson 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.
Tucson Set Aside Conviction FAQ
Where do Tucson residents file a § 13-905 set-aside application?
Applications are filed with the Arizona Superior Court in Pima County where the conviction was entered. The criminal filing counter is at 110 W. Congress St., Suite 241, Tucson, AZ 85701. Hours are 8:00 AM – 5:00 PM, Monday – Friday.
What's the difference between set-aside and sealing in Tucson?
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 Pima County.
Is there a waiting period for set-aside in Tucson?
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 Tucson 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. Pima County Attorney's Office reviews most petitions and can be reached at (520) 724-5600.
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