Expungements and Set Asides in the McDowell Mountain Justice Court

Until Arizona passes new DUI expungement laws in 2023, it will not be possible to have one’s record sealed. But, if you have been convicted of a crime in the McDowell Mountain Justice Court, you can do the next best thing and petition the court to set aside your conviction.

Pursuant to Arizona Revised Statutes § 13-907, 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 McDowell Mountain Justice Court is required to consider the following in 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 offenses may never be set aside.

If you’ve 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.