Set Aside Judgment of Guilt

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 Information on Application to Set Aside Judgment

On fulfillment of all the conditions of probation or sentence imposed by the Court, pursuant to A.R.S. §13-907, you may apply to have the judgment of guilt set aside.  Your attorney or probation officer may apply on your behalf.

If you were convicted of multiple offenses, each case and each individual charge must be addressed. If you have more than one case number, you must file a separate application for each case number. Note that a conviction for certain offenses cannot be set aside, and the granting of an application to set aside judgment will not affect your driver license record.

The Court will not charge a fee for filing an application to set aside the judgment. You may obtain the application directly from the Court or on-line by accessing the Court Forms webpage HERE.  When completing this form, you must include the following information: your full name as shown on the original complaint, current address and day-time phone number, email address (if applicable), date of birth, case sentence imposed, and your signature.  An application will not be granted unless all requirements of the sentence have been satisfied, including all monetary obligations.

The State and victim may file a written response opposing your motion within 60 days after the application is filed.  The State will send you a copy of its response if it is opposing your application.  You may file a reply to the State’s response no later than 15 days after a response is filed.  The application will be reviewed by the Court and is not automatically granted. The Court may set a hearing before ruling on your application, and if so, the hearing will normally be set no later than 120 days after your application is filed.  If your application is denied, you may file a new application only after satisfying all reasons stated for the denial.

Granting an application to set aside judgment does not mean the Court will destroy records of your arrest or conviction. The charge(s) for which you seek this request may still be able to be used in any subsequent prosecution by the State or any of its subdivisions.

Once the Court records are purged in accordance with the records retention schedule, you will be required to contact the Criminal History Records Section of the Arizona Department of Public Safety to obtain the information necessary for the Court to determine if a set aside judgment may be granted.