San Marcos Justice Court – Setting Aside Convictions

Changes in Arizona law that became effective in 2023 make it possible to seek expungement of some marijuana-related criminal convictions. In addition, these recent legal changes also provide a procedure to request that the San Marcos Justice Court seal your record for at least some convictions.

If neither an expungement nor a record sealing apply to your conviction, even if it was for a misdemeanor offense, then ordinarily it will stay on your record forever. 

You may have one option left, however, and that is to apply for a set aside.

What is a Set Aside?

With a few exceptions a set aside, if the San Marcos Justice Court grants it, will set aside the judgment of guilt in your case, dismiss the charging document, and order you released from all penalties and disabilities resulting from the conviction.

This means that you can say you have satisfied all the conditions of your sentencing after a guilty plea.

When considering if it should grant a set aside, the San Marcos Justice Court looks at several factors:

  • The nature of the underlying offense
  • Compliance with the sentence or probation
  • Any prior or subsequent convictions
  • Victim input and status of any remaining restitution
  • Time since completion of sentence
  • Age at the time of conviction
  • Any other factor the court finds relevant

Some offenses can never be set aside, however. These include dangerous offenses, offenses that require registration as a sex offender or for which there was a sexual motivation, and felonies involving victims less than 15 years old.

If you’ve been previously convicted of a crime in the San Marcos Justice Court and are considering petitioning for a set aside, the Rosenstein Law Group offers free consultations. We will go over your case with you and determine your eligibility and best strategy for having a set aside granted. Call today at 480-248-7666 or contact us online to schedule your initial no-cost consultation.


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