Apache Junction Justice Court Expungements and Set Asides

If you were convicted of a crime in the Apache Junction Justice Court, then depending on the kind of conviction you could have some options to expunge it, or to have its record sealed, or to have the conviction set aside. We will look at 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 recently it was not possible in Arizona to seal your criminal record. Now, however, changes to Arizona law make it possible to seal the record on some misdemeanors and non-violent crimes. 

These changes might seal your DUI records in the following circumstances:

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

Many convictions, including possibly some DUI convictions, might qualify for record sealing after specific waiting periods depending on the severity of the crime. The waiting periods are:

• 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

A granted application to set aside a judgment causes that judgment of guilt to be set aside. Wth a few exceptions, this means the complaint, information, or indictment will be dismissed, and will include an order that you be released from all penalties.

A set aside acts to dismiss the charging instrument in your case and sets aside the judgment of guilt. This means that you can truthfully say when asked about it that your case was dismissed.

The Apache Junction Justice Court considers the following factors when determining whether to grant petitions to set aside convictions:

• How old you were at the time of conviction
• How long it has been since the conviction occurred
• Whether you complied with the sentence
• Victim input, and any restitution status
• If you have any prior or subsequent convictions
• The nature and the circumstances of the underlying offense
• Any other factors the court finds to be relevant

By law, some offenses are not set aside. These include dangerous offenses, plus offenses that require registration as a sex offender and offenses that have a sexual motivation, and felony offenses having a victim under 15 years of age.

If you have a conviction and want the Apache Junction Justice Court to expunge, seal, or set it 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.