Expungement of Conviction and Set Asides in the North Mesa Justice Court

Have you been convicted of a crime in the North Mesa Justice Court? Then depending on the kind of conviction, you might have options to expunge it, or to have its record sealed, or to have the conviction set aside. We will examine all of these possibilities below.

Expungement of Marijuana Possession Convictions

Because Arizona has legalized recreational marijuana use for adults, Arizona’s legislature has passed legislation that allows for motions for expungement of some previous marijuana-related convictions. These are:

  • 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 effectively erase them from appearing on a background check.

Record-Sealing of Prior Misdemeanor DUI Convictions

Until 2023, in Arizona it was not possible to seal your criminal record. In that year changes took effect that now 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, possibly including DUI convictions, can qualify for sealing after meeting some specific waiting periods. How long the wait is depends 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 successful application to set aside judgment causes the judgment of guilt to be set aside, the complaint, information, or indictment to be dismissed, and will order that you be released from all penalties, with a handful of exceptions.

This means that you can say, truthfully, that your case was dismissed because a set aside dismisses the charging instrument in your case and sets aside the judgment of guilt.

The North Mesa Justice Court looks at the following considerations when determining whether to grant petitions to set aside:

  • Age at the time of conviction
  • Time since the conviction occurred
  • Sentence compliance 
  • Victim input 
  • Restitution status
  • Past or subsequent convictions
  • The nature and circumstances of the underlying offense
  • Any other factors the court finds relevant

Some offenses are not allowed to be set aside. These include dangerous offenses, offenses that require registration as a sex offender or that had a sexual motivation, and felony offenses with victims under 15 years of age.

If you have a conviction from the North Mesa Justice Court and want it expunged, sealed, or set 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.


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