Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.
Where were you arrested?
Expungement and Set Asides in the West Mesa Justice Court
Arizona law does not currently offer expungement for those previously convicted of crimes. What that means is that if you have been convicted of a crime in the West Mesa Justice Court that crime is on your record forever. But, if you want to get rid of it and clean up the appearance of your record, a set aside is the next best thing.
Arizona Revised Statutes § 13-907 provides that if an application to set aside judgment is granted, the Court shall set aside the judgment of guilt, dismiss the complaint, information, or indictment, and order that the person be released from all penalties and disabilities resulting from the conviction except certain ones imposed by the department of transportation and the game and fish commission.
Essentially, if your application to set aside a conviction is granted, you can lawfully say that the case was dismissed, as it acts to set aside the judgment of guilt and dismiss the charging instrument.
So, what does a court like the West Mesa Justice Court consider when setting aside convictions? That is laid out by the statute:
- The nature and circumstances of the offense that the conviction is based on
- Compliance with the conditions of probation, the sentence imposed, and any DOC regulations if applicable
- Any prior or subsequent convictions
- The input of the victim and the status of victim restitution, if any
- The length of time that has elapsed since the completion of the sentence
- Age at the time of conviction
- And any other factor that is deemed relevant
Certain offenses are not eligible to be set aside, including:
- Dangerous offenses
- Offenses requiring sex offender registration
- Offenses where there has been a finding of sexual motivation
- Offenses where the victim was a minor under age 15
- Driving on a Suspended License and certain local ordinances relating to traffic
If you have been previously convicted of an offense in the West Mesa Justice Court and want to be able to say that your case was dismissed, contact the Rosenstein Law Group today for a free consultation regarding a set aside by calling 480-248-7666 or contact us online.
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CLIENT THANK YOUS
“Craig is my hero and he saved my career and my future. I got stopped in Tempe and was charged with a regular DUI. Craig questioned the validity of the stop and was able to get it reduced to a reckless driving charge…”
“Dear Mr. Rosenstein, Having talked to you this day, I determined that you were right in your decision on my case. I appreciate and thank you…”
Thank you again for helping settle this matter for me. I appreciate all you guys did on my behalf…”