Introduction
If you’ve had the unfortunate experience of getting charged with a DUI in Arizona, it doesn’t have to affect the rest of your life.
In fact, you may be eligible to have your DUI record set aside in Arizona if you meet certain requirements. Here’s how it works.
What is DUI Expungement?
In Arizona, the proper term for having a DUI cleared from your record is called setting aside a conviction. Though it serves much the same purpose as an expungement, only juveniles who commit crimes under the age of 18 can technically have their record expunged.
The good news is that you can have your DUI conviction set aside if you’ve proved to be responsible since your conviction. You can ask a judge to set aside your DUI conviction, and if the motion is granted, your DUI will not appear in basic background checks ran by potential employers, creditors and similar companies.
Thorough background checks that go deeper into your record may show that the DUI in present but was dismissed. Legally, you’re able to declare on applications that you have never been convicted of a crime, assuming the DUI set aside was your only conviction.
So although your conviction is only set aside and not technically removed, it significantly improves your record and ability to qualify for jobs, credit lines and other products and services that require a clean background.
How to Get Your DUI Conviction Set Aside
The most important part of the process is to make sure you fulfilled your DUI sentence properly. This means meeting all the obligations outlined by the court, and could include:
- Paying all fines and fees
- Completing any probation period without issues
- Completing required jail or prison time
- Attending classes and other court-mandated tasks
You’ll want to prove that you’ve met all the terms of your DUI sentence, so be sure to keep records of everything you’ve completed since your conviction. Though each case is different, judges typically look for a clean record in the time since the original DUI conviction as well. From here, there’s documentation you’ll need to fill out to submit a request to have your DUI set aside.
The process involves paperwork from the Arizona Superior Court and, with the help of an attorney, can be prepared and completed accurately.
2023 Update: Get Your Record Sealed
As of January 1, 2023, individuals that have been arrested, convicted or sentenced in the State of Arizona may petition the courts to seal their records.
Following the enactment of A.R.S § 13.911, you may be eligible to seal your arrest record. Due to this groundbreaking new law, when an individual has their criminal record sealed, the records relating to the crime are hidden from public records, and no one may view the contents without a court order.
When a record is sealed, employers, landlords, and schools that run a background check will not come up with any record of your criminal conduct.
We may be able to help you if you were:
- Convicted of a criminal offense and has completed all of the terms and conditions of the sentence imposed by the court, including the payment of all monetary obligations and restitution to all victims.
- Charged with a criminal offense and the charge was subsequently dismissed or resulted in a not guilty verdict at a trial.
- Arrested for a criminal offense and no charges were filed.
All case records that are sealed pursuant to this section may be:
- Alleged as an element of an offense.
- Used as a historical prior felony conviction.
- Admissible for impeaching any party or witness in a subsequent trial.
- Used to enhance the sentence for a subsequent felony.
- Used to enhance the sentence pursuant to sections 28-1381 and 28-1382.
- Pleaded and proved in any subsequent prosecution of the person by this state or a political subdivision of this state.
- Used as a conviction if the conviction would be admissible if the conviction was not sealed.
If you are unsure whether or not you meet the criteria to have your record sealed, contact the criminal defense team at JacksonWhite. Our criminal defense team has years of experience defending their clients’ rights, and they offer free case reviews to answer any questions you may have.
Get the Best Chance of Clearing Your Record
When you prepare and file a motion to set aside your conviction, there are plenty of complex details you must have in order to have the best chance of getting your DUI removed.
Instead of taking your chances by going it alone, hiring a DUI expungement attorney can greatly improve your chances of success. And at JacksonWhite Law, that’s what we’ve been doing for years: expunging records with success.
When you’re ready to get your DUI removed, contact JacksonWhite Law.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.