San Tan Justice Court – Expungement and Set Asides

If you are convicted of a crime in the San Tan Justice Court, then depending on what the conviction is for you may have options to expunge it, to have its record sealed, or to have the conviction set aside. We consider each of these possible options below.

Expunging Marijuana Possession Convictions

Arizona has legalized recreational marijuana use for adults, so Arizona’s legislature has passed legislation allowing motions for expungement of some types of  previous marijuana-related convictions, including:

  • 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 background checks.

Record-Sealing of Prior Misdemeanor DUI Convictions

Changes to Arizona law that took effect in 2023 make it possible to seal the record on some misdemeanors and non-violent crimes. 

These changes could potentially seal your DUI records in the following circumstances:

  • You were charged with a DUI but were then acquitted
  • Your DUI charges were later dismissed in court
  • You have an arrest that didn’t result in charges being filed

Many convictions, including DUI convictions, may qualify for sealing after waiting periods, depending on the severity of the crime. 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 Your Conviction

Pursuant to Arizona Revised Statutes §13-905, an application to set aside judgment that the court grants will cause the judgment of guilt to be set aside. It will also dismiss the complaint, information, or indictment, and order that you be released from almost all penalties.

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

The San Tan Justice Court considers the following factors when determining whether to grant petitions to set aside convictions:

  • Age at the time of conviction
  • The time since the conviction occurred
  • Compliance with the sentence
  • Any victim input and restitution status
  • Any prior or subsequent convictions
  • The nature and circumstances of the underlying offense
  • Any other factors the court finds to be relevant

Some offenses are not subject to being set aside. These include dangerous offenses, as well as offenses that require registration, offenses that have a sexual motivation, and felony offenses having victims less than 15 years old.

If you have a conviction from the San Tan Justice Court and want to expunge it, seal it, or set it 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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