What is an Application to Set Aside Judgment & what is the process?

  • What is an Application to Set Aside Judgment?
  • 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 § 13-905links to external site
  • Is my case eligible?
  • 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).
  • Where can I locate the Application to Set Aside Judgment?
  • Where do I file the Application to Set Aside Judgment?
  • 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: [email protected]
    • Fax: (480) 312-2764
    • Mail/Dropbox: 3700 N. 75th St. Scottsdale, AZ 85251
  • How do I complete the Application to Set Aside Judgment?
  • Read ARS § 13-905links to external site in its entirety before completing the petition. This application is intended to help those who are seeking to set aside criminal judgement 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.
  • Where can I find the information needed to fill out the Application to Set Aside Judgment?
  • How will I be notified of the ruling on my Application to Set Aside Judgment?
  • The Scottsdale City Court may set a Hearing concerning your Application to Set Aside Judgment. The Scottsdale City Court will mail a sealed copy of the order, if granted to the address listed on the application as soon as it’s processed.
  • What happens when the Set Aside is granted? Does the Second Chance get granted as well? 
  • 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).
  • Does the set aside apply to all crimes?
  • No, this section does not apply to a person who was convicted of any of the following:
    • A dangerous offense.
    • An offense for which the person is required or ordered by the court to register pursuant to section 13-3821.
    • An offense for which there has been a finding of sexual motivation pursuant to section 13-118.
    • A felony offense in which the victim is a minor under fifteen years of age.
  • Can the Court grant a Set Aside and Deny the Second Chance?
  • 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.
  • Can there be an instance where our Court has previously granted a Defendant a Set Aside in the past and the Defendant is now before the Court requesting a Second Chance Certificate?
  • Yes. 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.