San Marcos Justice Court – Setting Aside Convictions

Arizona does not currently offer expungement of criminal convictions. This means that if you have been convicted of a crime, even a misdemeanor, it will stay on your record forever. The next best thing that you can do is apply for a set aside.

A set aside, if granted by the San Marcos Justice Court, 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, with few exceptions.

This means that you can essentially say your case was dismissed. Although it does not erase your conviction, it acts to cross it out.

When considering if it should grant a set aside, the San Marcos Justice Court is required to look 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 may never be set aside, regardless of these factors.

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 consultation.


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