Expungement and Set Asides in the West Mesa Justice Court

If you have a criminal conviction in the West Mesa Justice Court, then depending on what kind of conviction it is you might be able to expunge it, have its record sealed, or have it set aside. We consider each of these possibilities below.

Expungement of Marijuana Possession Convictions

Arizona has legalized recreational marijuana use for adults. In 2023, Arizona’s legislature 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 will effectively erase them from ever appearing on background checks.

Record-Sealing of Prior Misdemeanor DUI Convictions

It used to be impossible in Arizona to seal your criminal record. Now, however, other 2023 changes to Arizona law make it possible to seal your 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

If the West Mesa Justice Court grants your application to set aside judgment, this will cause the judgment of guilt to be set aside, the complaint, information, or indictment to be dismissed, and order that you be released from all but a few kinds of penalties.

This means that you can honestly say to others that your case was dismissed, because a set aside will dismiss the charging instrument in your case and set aside the judgment of guilt.

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

• Age at the time of conviction
• Time since the conviction occurred
• Compliance with the sentence
• Victim input and restitution status
• Prior or subsequent convictions
• Nature and circumstances of the underlying offense
• Any other factors the court finds to be relevant

Some kinds of offenses may never be set aside. These are dangerous offenses, offenses that require sex offender registration, offenses that have a sexual motivation, and felony offenses having victims less than 15 years old.

If you have a conviction from the West Mesa 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.