Expungement and Set Asides in the West Mesa Justice Court

Until Arizona’s new DUI expungement laws are officially enacted in 2023, it is not possible to seal your criminal record in the state. 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 indefinitely. 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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