Set Aside/Second Chance/Seal/Expunge/Vacate

Application to Set Aside Conviction and Certificate of Second Chance

Arizona Revised Statute ARS §13-905, allows a person who is convicted of a criminal offense to apply to the court to set aside the judgment of guilt and grant a certificate of second chance. The application may be filed 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, the certificate of second chance is issued, and reported to the Motor Vehicle Division and/or the Department of Public Safety.

  • Case Qualifications

    • Except as provided in subsection P 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. If the court grants an application for set aside on a misdemeanor charge, it must also include a certificate of second chance unless the person has already received a certificate of second chance on a felony conviction.

  • Information Prior to Completing the Form

    • Read ARS § 13-905 in its entirety before completing the application. This information is intended to help those who are seeking a set aside criminal of their conviction and certificate of second chance 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 the form in its entirety and submit to the Court.

  • Notification of the Ruling

    • The Scottsdale City Court may set a hearing concerning your Application to Set Aside Conviction and Certificate of Second Chance or may rule without a hearing. 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 in Whole or in Part

    • If the application to set aside is granted on misdemeanor conviction, the Court must include a certificate of second chance unless the person has already received a certificate of second chance on the set aside of a felony conviction. 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). If you have previously received a certificate of second chance on a felony conviction, the Court may grant your application to set aside but not the certificate of second chance.

Petition to Seal Criminal Case Records

ARS § 13-911, allows a person who is arrested, convicted, or sentenced to petition the court to have their criminal case record sealed. For further information, please visit the links below.

Petition to Seal Criminal Case Records (PDF) ARS § 13-911 Sealing Criminal Case Records
  • Case Qualifications and Filing Timeframes

    • A person who is convicted of an offense may petition the court to seal their criminal case records after they have completed all probation or sentence terms, been discharged by the court and the following timeframes have passed.

      • Ten years for a class 2 or 3 felony
      • Five years for a class 4, class 5, or class 6 felony
      • Three years for a class 1 misdemeanor
      • Two years for a class 2 or 3 misdemeanor

    A person who is acquitted of all charges or has all charges dismissed can immediately petition the court to seal their criminal case records.

  • Information Prior to Completing the Form

    • Read ARS § 13-911 in its entirety before completing the petition. This information is intended to help those who are seeking to seal criminal case records under ARS § 13-911 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. Any case record that was published or distributed prior to sealing may still be accessible and may not be impacted by the granting of an order to seal case records. Complete the form in its entirety and submit to the Court.

  • Petition Filing

    • It is the petitioner’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. Generally, the court must wait at least 60 days from the date the Petition is filed before it can make its ruling.

    Once the form is completed it can be submitted to the following:

  • Notification of the Ruling

    • The Scottsdale City Court may set a hearing concerning your Petition to Seal Case Records or may rule without a hearing. 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. A court ruling may be delayed if it doesn’t receive your criminal history from the Arizona Department of Public Safety in a timely manner.

Application for Certificate of Second Chance

If you were granted a set aside of conviction before certificates of second chance became available on April 1, 2021, you can file a separate application for certificate of second chance.

  • Case Qualifications

    • Pursuant to ARS § 13-905(N) a person who was previously granted a set aside of conviction but not a certificate of second chance, can apply for a certification of second chance unless prohibited by section L.

  • Information Prior to Completing the Form

    • Read ARS § 13-905 in its entirety before completing the application. This application is intended to help those who are seeking a certificate of second chance in a case where they have already been granted a set aside of conviction 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. If you haven’t already obtained a Set Aside, then you’d need to apply for one at the same time as submitting your application for Certificate of Seconds Chance. Complete the form in its entirety and submit to the Court.

  • Notification of the Ruling

    • The Scottsdale City Court may set a hearing concerning your Application for Certificate of Second Chance or may rule without a hearing. 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.

Petition to Expunge Marijuana Related Offense Records Pursuant to ARS § 36-2862

  • Case Qualifications

    • A person who was arrested, charged, plead, convicted, acquitted, or sentenced for any of the offenses below may petition the court to expunge their case:

    • 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.
  • Information Prior to Completing the Form

    • Read ARS § 36-2862 and the Instructions for Seeking Expungement (PDF) in their entirety before completing the petition. This petition 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. Complete the form in its entirety and submit to the court.

  • Notification of the Ruling

    • The Scottsdale City Court may set a hearing concerning your Petition to Expunge Marijuana Related Offense Records or may rule without a hearing. 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 35 days unless the State and the Victim(s), if any, respond with no objection.

Application to Vacate Conviction (Prostitution)

For a prior offense under ARS §13-909 and supporting declaration (Prostitution). ARS §13-909 allows a person who was convicted of a violation of ARS §13-3214 or city or town equivalent to apply to the Court to vacate the conviction.

ARS §13-909 ARS §13-3214 SRC §19-5 ARS §13-1307
  • Case Qualifications

    • A person convicted of violating ARS §13-3214 or city of town equivalent (Prostitution) may apply to vacate their conviction if the offense was the direct result of being a victim of sex trafficking. The Court must find the connection between the offense and the sex trafficking by clear and convincing evidence.

  • Information Prior to Completing the Form

    • Read ARS §13-909 in its entirety before completing the application. This information is intended to help those who are seeking to vacate a conviction ARS §13-909 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.

  • Notification of the Ruling

    • The Scottsdale City Court may set a hearing concerning your Application to Vacate Conviction for a Prior Offense Under ARS §13-909 on its own or if the prosecutor opposes the application. 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 35 days unless the State and the Victim(s), if any, respond with no objection.

  • Application to Vacate Conviction for a Prior Offense Under ARS §13-909 Granted

    • If the application to vacate conviction is granted, court and criminal history records would no longer indicate a conviction, but that the conviction was vacated and the person was the victim of a crime.

Marianne T. Bayardi

Presiding City Judge

City Court

City Court

3700 N. 75th St.
Scottsdale, AZ 85251

Hours

Monday 8 a.m. - 5 p.m.
Tuesday 8 a.m. - 5 p.m.
*Wednesday 8 a.m. - 5 p.m.
Thursday 8 a.m. - 5 p.m.
Friday 8 a.m. - 5 p.m.
Saturday Closed
Sunday Closed
City Holiday Schedule 

*Schedule above applies except the first and third Wednesday of each month, open 8:30 a.m. - 5 p.m.

Walk In Hours

Civil Courtrooms

Monday - Friday, 8 - 11:30 a.m. and 1 - 4:30 p.m.

Criminal Courtrooms

Monday - Friday, 8:30 - 11:30 a.m. and 1:30 - 4:30 p.m.

*Please Note: Client must be present with Attorney to be seen on walk in basis.

  • Motion to quash
  • Motion for new Confinement Order
    • (Home Detention and Electronic Monitoring included)

Protective Orders

*Please Note: Protective order petitions must be completed and filed by 4:30 p.m. to be processed by 5 p.m.

Petitions, motions, and requests for hearings may be filed at the court Monday - Friday, 8 a.m. - 5 p.m.

Judges are available to hear the following from 8:30 a.m. - noon and 1:30 - 5 p.m.

  • New Protective Order Petition Filings
  • Plaintiff Motions to Quash or Modify a Protective Order

Last Updated: Jul 29, 2026