Expungements and Set Asides in Desert Ridge Justice Court

If you have been convicted of a crime in the Desert Ridge Justice Court, then depending on what kind of conviction it was you could have ways to expunge it, have its record sealed, or to have it set aside. We consider each of these possible options below.

Expungement of Marijuana Possession Convictions

Arizona has legalized recreational marijuana use for adults. With this in mind, the Arizona legislature passed legislation recently that allows motions for expungement of some past marijuana-related convictions. These include:

• Convictions for possession of 2.5 ounces of marijuana or less
• Convictions of cultivating or transporting 6 or fewer plants
• Marijuana paraphernalia possession convictions

Expunging these records will erase them from appearing on background checks.

Record-Sealing of Prior Misdemeanor DUI Convictions

The same changes to Arizona law that allow for expungements of past marijuana convictions make it possible to seal the record on some misdemeanors and non-violent crimes. 

These changes could seal your DUI records in the following situations:

• You were charged with a DUI but were then acquitted
• Your DUI charges were later dismissed in court
• Arrests that didn’t result in charges being filed against you

Many convictions, potentially including some DUI convictions, can be sealed after specific waiting periods have passed. These waiting periods depend on the severity of the crime:

• 10 years for class 2 and class 3 felonies
• 5 years for class 4, class 5, and class 6 felonies
• 3 years for class 1 misdemeanors
• 2 years for low-grade misdemeanors.

Setting Aside a Conviction in Desert Ridge Justice Court

If the court grants your application to set aside judgment, this will cause the judgment of guilt to be set aside, and the complaint, information, or indictment to be dismissed. You will be released from all penalties, with a few exceptions.

What this means is that you can honestly say, if asked, that your case was dismissed because a set aside dismisses the charging instrument and sets aside the judgment of guilt.

The Desert Ridge Justice Court will examine the following when deciding whether to grant your petition to set aside a conviction:

• Your age at the time of conviction
• Time since the conviction occurred
• Your compliance with the sentence
• Victim input, and restitution status
• Prior or subsequent convictions
• The nature and the circumstances of the underlying offense
• Any other factors the court finds to be relevant

Ariona law precludes some offenses from being set aside. These include dangerous offenses, as well offenses that require sex offender registration, or which have a sexual motivation. Others are felony offenses having victims less than 15 years old.

If you have a conviction from the Desert Ridge Justice Court and want to have it expunged, sealed, or set aside, then contact the Rosenstein Law Group today for a free consultation. We’ll help you determine your eligibility and the best way to have a petition granted in your case. 

Call today at 480-248-7666 or contact us online to schedule your free consultation today.