University Lakes Justice Court Expungements and Set Asides

If you have been convicted of a crime in the University Lakes Justice Court, then depending on the kind of conviction you may have options to expunge it, have its record sealed, or to have the conviction set aside. We consider each of these possibilities below.

Expungement of Marijuana Possession Convictions

Because Arizona has legalized recreational marijuana use for adults, Arizona’s legislature has passed legislation allowing motions for expungement of certain previous marijuana-related convictions:

• 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 effectively erases them from ever appearing on background checks.

Record-Sealing of Prior Misdemeanor DUI Convictions

Until 2023 it was not possible in Arizona to seal one’s criminal record. Now, however, changes to Arizona law that took effect that year make it possible to seal the record on some misdemeanors and non-violent crimes. 

These changes could potentially seal your DUI records in the following circumstances:

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

Many convictions, potentially including DUI convictions, may qualify for sealing after specific waiting periods depending on the severity of the crime. Waiting periods are as follows:

• 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

Pursuant to Arizona Revised Statutes §13-905, a granted application to set aside judgment causes the judgment of guilt to be set aside, the complaint, information, or indictment to be dismissed, and orders that you be released from all penalties with few exceptions.

This means that you can truthfully say that your case was dismissed, as a set aside acts to dismiss the charging instrument in your case and sets aside the judgment of guilt.

The University Lakes Justice Court considers the following when determining whether to grant petitions to set aside convictions:

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

Some offenses cannot  be set aside. These include dangerous offenses, offenses that require registration, offenses that have a sexual motivation, and felony offenses having victims less than 15 years old.

If you have a conviction from the University Lakes 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.