Expungement of Conviction and Set Asides in the North Mesa Justice Court
Unfortunately, Arizona law does not allow for expungement of criminal convictions. If you have been convicted of a crime in the North Mesa Justice Court, that means that that crime will be on your record forever. However, the next best thing you can do is petition the court to set aside your conviction.
Pursuant to Arizona Revised Statutes § 13-907, if an application to set aside judgment is granted, the Court shall set aside the judgment of guilt, dismiss the complaint, information, or indictment, and order that the person be released from all penalties and disabilities resulting from the conviction except certain ones imposed by the department of transportation and the game and fish commission.
What the means is that if you apply to have a conviction set aside and that application is granted, you can say the case was dismissed, because the set aside acts to dismiss the charging instrument and set aside the judgment of guilt.
What the North Mesa Justice Court must consider in determining whether to grant set aside applications is laid out in the statute:
The nature and circumstances of the underlying offense
Compliance with the conditions of probation or the sentence imposed
Prior or subsequent convictions
Victim input and any remaining restitution
Time since conviction
Age at conviction
And any other factor the Court thinks is relevant
It is important to note that some offenses can never be set aside.
If you’ve been convicted of a crime in the North Mesa Justice Court and want to have your conviction set aside, contact the attorneys at the Rosenstein Law Group today for a free consultation. We’ll be able to help you determine if you are eligible and find the best strategy for having a set aside granted. Call today at 480-248-7666 or contact us online.