Applications and Petitions

In accordance with Arizona Revised Statute ARS §13-905, this application may be submitted to the Court for review of a criminal conviction. The application may be submitted once the person convicted of the criminal offense has fulfilled the conditions of probation or sentence and been discharged by the Court. If the Judge grants the application, the judgment of guilt is set aside and reported to the Motor Vehicle Division and/or the Department of Public Safety in accordance with the statute.
ARS § 13-905

• Case qualifications
  

  Except as provided in subsection N of the statute, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to have the judgment of guilt set aside. However, not all criminal offenses are eligible to be set aside. Examples include dangerous offenses, offenses which the person is required or ordered by the Court to register pursuant to section ARS § 13-3821, offenses which have a finding of sexual motivation pursuant to section ARS § 13-118, and an offense in which the victim is a minor under fifteen years of age. For a complete review of non-eligible charges please review ARS §13-905(N).

• Application form
  

  The application may be obtained at the Scottsdale City Court and on the Court's website; Application to Set Aside Judgment (PDF).

• Application filing
  

  It is the applicant’s responsibility to ensure the Prosecutor’s office receives a copy of your filing. After the opposing party has had an opportunity to review your motion and respond, the Judge will review and rule.

  • Email: City Court
  • Fax: 480-312-2764
  • Mail/Dropbox:
    3700 N. 75th St.
    Scottsdale, AZ 85251
  
  
• Instructions prior to completing the form
  

  Read ARS § 13-905 in its entirety before completing the petition. This application is intended to help those who are seeking to set aside criminal judgment under ARS § 13-905 and refers solely to the records that exist under the control of the courts, Department of Public Safety, Prosecutor’s Office, and law enforcement agencies. Complete form in its entirety and submit to the Court.

• Information needed to fill out the form
  

  Information needed to fill out the application can be provided by:

  • The petitioner's defense attorney or court appointed attorney
  • Department of Public Safety (DPS) - 602-223-2000
  • Arizona Judicial Branch’s Public Access to Court Case Information
  • Information may be available on the Scottsdale City Court website.
  • File a records request or obtain a case summary for more detailed information
  
  
• Notification of the ruling
  

  The Scottsdale City Court may set a hearing concerning your Application to Set Aside Judgment. The Court will mail a copy of the order to the address listed on the application as soon as it’s processed.

• Timeframe for the ruling
  

  A ruling will not be made for at least 70 days unless the State and the Victim(s), if any, respond with no objection.

• Set Aside and Second Chance Granted
  

  If the application to set aside is granted, the Court must include a certificate of second chance if the person is eligible. The Defendant can only receive one second chance certificate for any cases. The application to Set Aside will have a question for the Defendant on whether they have previously been granted a Second Chance. ARS § 13-905 (K).

• Set Aside Granted and Second Chance Denied
  

  The Defendant is only allowed one Second Chance Certificate for any cases. If the Defendant indicates one has already been granted, the defendant wouldn't be eligible for another Certificate of Second Chance. Also, there may be other instances where the court learns that a Second Chance has already been granted. In those cases, even though the Defendant has not provided that information; the defendant would not be eligible for another Certificate of Second Chance.

• Second Chance request after Set Aside Granted
  

  There are likely to be instances where a Defendant has received a Set Aside from our Court before the Second Chance Certificate was available. In those instances, the Court will be able to grant the Second Chance unless the Defendant has already received one in another case, or the case is otherwise not eligible for a Certificate of Second Chance.

Proposition 207 includes a new statute ARS § 36-2862 that authorizes some people to petition a court for an order that will seal their marijuana-related criminal records.

• Case qualifications
  

  Eligible petitioners are those who were arrested, charged, convicted, or acquitted of any of the following offenses based on conduct occurring before Nov. 30, 2020:

  • Possessing, consuming, or transporting two and one-half ounces or less of marijuana, of which not more than twelve and one-half grams was in the form of marijuana concentrate.
  • Possessing, transporting, cultivating, or processing not more than six marijuana plants at your primary residence for personal use; or
  • Possessing, using, or transporting paraphernalia related to the cultivation, manufacture, processing, or consumption of marijuana.


• Petition form
  

  The Arizona Supreme Court has adopted petition forms and instructions for people to use for this purpose. For further information, please visit Petition to Expunge Records (Prop 207 Marijuana) and ARS § 36-2862.

  All petitions should be on the Expungement Petition for Municipal/Justice Court (PDF) approved form and contain complete information.

  The petition may be obtained at the Scottsdale City Court and on the Court's website; Expungement Petition for Municipal/Justice Court (PDF).

• Petition filing
  

  It is the applicant’s responsibility to ensure the Prosecutor’s office receives a copy of your filing. After the opposing party has had an opportunity to review your motion and respond, the Judge will review and rule.

  • Email: City Court
  • Fax: 480-312-2764
  • Mail/Dropbox:
    3700 N. 75th St. Scottsdale, AZ 85251


• Instructions prior to completing the form
  

  To complete the petition, you must provide the court with the following information as required by Rule 36, Arizona Rules of Criminal Procedure (PDF) for each case:

  • Your name, address, date of birth, and email address, if you have an email address.
  • A description of the offense for which you are seeking expungement as stated on the petition form
  • The name of the law enforcement agency that arrested you for the marijuana-related offense; and
  • The court’s case number if your arrest resulted in a criminal complaint being filed with the court.

  If you do not provide enough details about the records you want to have expunged, the court may dismiss your petition. If that occurs, you may file a new petition with additional details about your records. The court cannot order expungement of any arresting agency records if you do not identify the arresting agency.

  Read the Instructions for Seeking Expungement (PDF) in its entirety before completing the petition. This application is intended to help those who are seeking to expunge criminal records under ARS § 36-2862 and refers solely to the records that exist under the control of the courts, Department of Public Safety, Prosecutor’s Office, and law enforcement agencies.

• Information needed to fill out the form
  

  Information needed to fill out the petition can be provided by:

  • The petitioner's defense attorney or court appointed attorney
  • Department of Public Safety (DPS) - 602-223-2000
  • Arizona Judicial Branch’s Public Access to Court Case Information
  • Federal Bureau of Investigation
  • Information may be available on the Scottsdale City Court website.
  • File a records request or obtain a case summary for more detailed information


• Notification of the ruling
  

  The Court will mail a copy of the order to the address listed on the application as soon as it’s processed.