DUI Set Aside – Pioneer Justice Court

According to a recent 2023 law, Arizona passed laws aimed at breaking down the barrier created by criminal convictions. If convicted of a criminal offense, you may be eligible to apply for a sealing of your record, an expungement for certain criminal convictions, and a set aside, indicating that you have completed all terms of your sentence.

Record-Sealing of Past Misdemeanor DUI Convictions

It used to be impossible in Arizona to seal your criminal record. Now, however, you can petition the court to seal your record on some misdemeanors and non-violent crimes. 

These changes can possibly 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, potentially including DUI convictions, may qualify for sealing after specific waiting periods depending on the severity of the crime. These 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

Expungement of Marijuana Possession Convictions

Arizona has legalized recreational marijuana use for adults. Accordingly, the state legislature has passed legislation to allow for motions for expungement of certain previous 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 effectively erase them from ever appearing on background checks.

Setting Aside a DUI Conviction

If the Pioneer Justice Court grants your application to set aside judgment, then  this will cause the judgment of guilt to be set aside, the complaint, information, or indictment to be dismissed, and order that you be released from all but a few kinds of penalties.

The Pioneer Justice Court looks at several factors in deciding set asides:

  • The nature of the offense
  • Compliance with the sentence
  • Subsequent or prior convictions
  • Input from the victim and restitution balance if any
  • Time since sentence completed
  • Age
  • Any other factor the Court finds relevant.

If you are successful then under Arizona Revised Statutes § 13-905 the Pioneer Justice Court will set aside the judgment of guilt in your case, dismiss the complaint, and order your release from all penalties and disabilities resulting from your conviction, excluding some specific department of transportation and game and fish commission ones.

Some offenses can never be set aside. These include dangerous offenses, offenses that require you to register as a sex offender or for which there was a sexual motivation, and felonies involving a victim under 15.

If you have been convicted of an offense in Pioneer Justice Court and want to clean up your record, contact the Rosenstein Law Group today to find out if you are eligible. If you are, we will work to determine the best approach to getting the Pioneer Justice Court to grant your petition to set aside the judgment in your case so you can honestly say that your case was dismissed. 
Call today at 480-248-7666 or contact us online for a free consultation.


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