Expungements and Set Asides in the McDowell Mountain Justice Court

Have you been convicted of a crime in the McDowell Mountain Justice Court? If so, then depending on the nature of the conviction you may be able to have it expunged, or to have its record sealed, or to have the conviction set aside. We will 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 a new law that authorizes motions to expunge certain past 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 erase them from appearing on your background check.

Record-Sealing of Prior Misdemeanor DUI Convictions

Other recent 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 cases:

  • 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, including DUI convictions, could qualify for record sealing after specific waiting periods, the duration of which depends on the severity of the underlying 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

Under Arizona Revised Statutes §13-905, a granted application to set aside judgment will cause the judgment of guilt to be set aside. It will also dismiss the complaint, information, or indictment and order that, with a few exceptions, you be released from all penalties.

This means that you can actually say, if anyone asks you about your record, that your case was dismissed. A set aside acts to dismiss the charging instrument in your case, and sets aside the judgment of guilt.

The McDowell Mountain Justice Court is must consider the following when determining whether to grant petitions to set aside convictions:

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

Some offenses cannot be set aside. These include dangerous offenses, as well as offenses that require sex offender registration or that have a sexual motivation, and felony offenses having victims under 15.

If you have been previously convicted of a crime in the McDowell Mountain Justice Court and want to do something about it, then call the Rosenstein Law Group today for a free consultation. We’ll tell you if you’re eligible and find the best way to get a petition to set aside judgment granted in your case. 

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


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