Bisbee, Arizona · A.R.S. § 13-905
Set Aside Conviction in Bisbee, AZ
Arizona's set-aside law (A.R.S. § 13-905) lets eligible Bisbee 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 Bisbee — local details
Where to file
Cochise County Superior Court
Cochise County Superior Court, 100 Quality Hill Rd., Bisbee, AZ 85603
E-filing
Cochise County offers eFiling through the AZ statewide system for civil and criminal cases. Self-represented filers may file paper documents in person at either the Bisbee main courthouse or the Sierra Vista branch.
Payment methods
Cash, cashier's checks, personal checks, credit cards, money orders.
Prosecutor service
Cochise County Attorney's Office
150 Quality Hill Rd., Bisbee, AZ 85603
Alternate filing locations
Cochise County operates a branch courthouse in Sierra Vista at 100 Colonia de Salud — closer for Sierra Vista, Fort Huachuca, and Benson residents. The Bisbee main courthouse remains the primary filing location.
Parking & access
Free parking in the front lot of the courthouse. The historic Bisbee courthouse sits at the top of Quality Hill Road overlooking the town.
Processing time
Cochise County processing times are typically 60-120 days for uncontested petitions. The court has six divisions across Bisbee and Sierra Vista, which spreads case volume.
Judge assignment
Cochise has six Superior Court divisions across two locations. Sealing petitions go to the original sentencing judge when possible.
After-hours filing
In-person and mail filings only. Mailing address: P.O. Drawer CK, Bisbee, AZ 85603. The Bisbee Self-Help Center (520-432-8513) provides set-aside, sealing, and firearm-rights restoration forms for pro se filers.
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 Bisbee 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.
Bisbee Set Aside Conviction FAQ
Where do Bisbee residents file a § 13-905 set-aside application?
Applications are filed with the Cochise County Superior Court where the conviction was entered. The criminal filing counter is at 100 Quality Hill Rd., Bisbee, AZ 85603. Hours are 8:00 AM – 5:00 PM, Monday – Friday.
What's the difference between set-aside and sealing in Bisbee?
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 Cochise County.
Is there a waiting period for set-aside in Bisbee?
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 Bisbee 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. Cochise County Attorney's Office reviews most petitions and can be reached at (520) 432-8700.
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