Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.
Where were you arrested?
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.
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CLIENT THANK YOUS
“Craig is my hero and he saved my career and my future. I got stopped in Tempe and was charged with a regular DUI. Craig questioned the validity of the stop and was able to get it reduced to a reckless driving charge…”
“Dear Mr. Rosenstein, Having talked to you this day, I determined that you were right in your decision on my case. I appreciate and thank you…”
Thank you again for helping settle this matter for me. I appreciate all you guys did on my behalf…”