Can You Get A DUI Expunged In Arizona? What To Know

Executive Summary

• In Arizona, clearing a DUI from someone’s record is called setting aside a conviction. Although it is a similar process, technically, only minors who commit crimes before 18 are eligible to have their records expunged.
• Employers and others can view DUI convictions through background checks unless expunged or set aside. A DUI typically raises insurance rates for up to seven years. Prior DUIs affect future sentencing, regardless of their age.
• Severe DUI cases with accidents or injuries, multiple convictions and probation violations may prevent setting aside the conviction. Regardless, the DUI may remain on your Motor Vehicle Department (MVD) record.
• To get a DUI conviction set aside, you must fulfill your DUI sentence and meet court obligations, such as paying fines, completing probation without issues, serving required jail time and attending mandated classes.

Understanding DUI Expungement in Arizona

ARS 28-1381 and ARS 28-1382 state that driving under the influence (DUI) of alcohol or other drugs is a criminal offense that can lead to a permanent mark on your criminal record. A DUI conviction can show up on background checks, potentially impacting job prospects, raising insurance rates and worsening legal consequences for subsequent offenses.

Still, 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. Although DUI expungements in Arizona are only for juvenile cases, you may be eligible to have your DUI record set aside if you meet certain requirements and properly fulfill your sentence. Requirements can range from paying lingering fines, completing an issue-free probation and attending classes, but each DUI is different. Judges have wide discretion in granting set-aside petitions, allowing them to rely on their own standards and viewpoints.

If you have been charged with a DUI, hiring a qualified criminal law attorney can increase your chances of achieving the best possible result. Your attorney should be able to help you navigate relevant legal requirements, complete paperwork and answer questions like “Can you get a DUI expunged in Arizona?” or “How long does a DUI stay on your record in Arizona?”

What Is DUI Expungement?

A DUI expungement is a legal procedure that enables a person convicted of a DUI to ask the court to seal or erase their criminal record. If successful, the DUI conviction will no longer be visible on background checks, offering a fresh start for the individual in terms of employment, housing and other opportunities.

However, only juveniles who commit crimes under the age of 18 can technically have their record expunged. Adult Arizona residents can still set aside a conviction, which has a similar purpose: clearing the DUI from your record.

If you’ve proved to be responsible since your initial charges, you can ask a judge to set aside your DUI conviction. If the motion is granted, your DUI will not appear in basic background checks run by potential employers, creditors and similar companies.

Thorough background checks that go deeper into your record may show that the DUI is present but was dismissed. Legally, you can 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 Long Does a DUI Stay on Your Record in Arizona?

DUI convictions in Arizona are logged as permanent entries on your criminal record, meaning they remain there forever. Having a DUI on your record can affect several facets of your life, including your ability to find work. Moreover, the Motor Vehicle Division (MVD) keeps regular DUI convictions on your driving record for five years, which may result in higher car insurance rates for that time.

Successfully setting aside a DUI conviction can mitigate the negative impact. For example, making the DUI disappear from standard-level background checks can enhance your chances of getting a job that values a clean record. However, even if the criminal conviction is set aside, the DUI may still show up on your driving record with the MVD, which can still result in higher car insurance costs.

Negative Impacts of DUIs

Unfortunately, having a DUI on your criminal record can negatively impact your life in many ways. Some examples of common disadvantages of being convicted of a DUI are:

• Impeding employment opportunities – If an employer sees a DUI on your background check, they may think you are untrustworthy or unreliable, especially if you are applying for a position that requires driving.
• Increasing insurance rates – After a DUI conviction, insurance costs may rise sharply for up to 7 years. Many insurance carriers consider a DUI a reckless driving decision that makes you more of a financial liability to insure.
• Revoking driving privileges – A license suspension or other restrictions may impact your ability to travel, do errands and perform work-related tasks.
• Incurring legal penalties – Many DUI convictions frequently lead to fines, court expenses and the requirement to attend drug rehab centers or alcohol education classes.
• Restricting travel – Some countries like the United Arab Emirates and Canada have entry stipulations that may prevent people with DUIs from visiting.
• Worsening future offenses – Regardless of the age of the initial DUI conviction, sentencing for subsequent DUI charges considers past convictions.

If you have been charged with a DUI, you should work with a qualified criminal defense attorney to file a petition to set the conviction aside. If approved, the set-aside DUI will have fewer consequences. In addition to the DUI not showing up on standard employer-requested background checks, you may also be able to travel internationally without restrictions and maintain some of your driving privileges if your conviction is set aside.

In many situations with set-aside DUIs, the legal fines and insurance rate increases that are incurred may remain, putting financial stress on the individual. Additionally, even if the initial DUI is set aside or expunged, it can count as a prior offense and result in more significant legal penalties if you are charged with future DUIs. However, having an experienced lawyer advocating for you in the courtroom can help ensure that your legal penalties are as fair as possible.

How to Get Your DUI Conviction Set Aside

The most important part of the process is ensuring you adequately fulfill your DUI sentence. 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 from the time of the original DUI conviction as well.

What the Petition Process Looks Like

After fulfilling the above obligations, you can request that your DUI conviction be set aside by following a paperwork-heavy process through the Arizona Superior Court. This process may include the following steps:

• Submitting a petition to the court where you were found guilty of driving under the influence to request the conviction to be set aside.
• Collecting necessary documents, including evidence of a completed sentence, fulfilled probationary terms and any rehabilitation program certificates.
• Preparing an explanation of how setting aside the conviction will advance both your rehabilitation and reputation in society.
• Attending the hearing in court and delivering the aforementioned explanation, if necessary.

The petition process can be complex and challenging for individuals to navigate without reliable legal support. Relying on the legal knowledge and guidance of an experienced criminal defense attorney can facilitate the petition process and help you achieve the best possible outcome.

Potential Challenges and Considerations

Individuals charged with DUIs may face several obstacles while attempting to get their convictions set aside, especially if a qualified criminal defense attorney is not helping them. Some examples of challenges that might impede petitions for DUIs to be set aside in Arizona are:

• More severe DUI cases could encounter more scrutiny and opposition, mainly if they involve wrecks or injuries.
• Multiple DUI offenses might complicate the process and lower your chances of succeeding.
• Any probation violations or new offenses may have a detrimental effect on your petition.
• Judges may have diverse criteria and viewpoints, giving them broad discretion in approving set-aside petitions.
• The DUI may still be on your driving record with the MVD, even if the criminal conviction is set aside.
• Navigating the paperwork and legal requirements can be difficult without legal aid.

Since many people charged with DUIs face the impediments above, it is essential to work with a knowledgeable DUI lawyer from Phoenix or wherever you were charged to avoid unnecessary complications. An attorney’s experience with similar cases can help you expedite the petition process and increase your chance for court approval.

2023 Update: Get Your Record Sealed

As of January 1, 2023, individuals who have been arrested, convicted or sentenced in the State of Arizona may petition the courts to seal their records.

Following the enactment of ARS 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.

When ARS 13-911 Applies

Thanks to this relatively new statute, we may be able to help you seal your record if you were:

1. 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.
2. Charged with a criminal offense and the charge was subsequently dismissed or resulted in a not guilty verdict at a trial.
3. Arrested for a criminal offense and no charges were filed.

All case records that are sealed pursuant to this section may be:

1. Alleged as an element of an offense.
2. Used as a historical prior felony conviction.
3. Admissible for impeaching any party or witness in a subsequent trial.
4. Used to enhance the sentence for a subsequent felony.
5. Used to enhance the sentence pursuant to sections 28-1381 and 28-1382.
6. Pleaded and proved in any subsequent prosecution of the person by this state or a political subdivision of this state.
7. 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 Law. 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

Many wonder, “Can you get a DUI expunged in Arizona?” DUI expungements are solely reserved for juvenile cases. Nevertheless, adults in Arizona can still petition for their conviction to be set aside, negating how long a DUI stays on your record in Arizona and causing it to not show up on standard background checks.

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 set aside. Instead of taking your chances by filing a petition alone, hiring a DUI attorney can greatly improve your chances of success. At JacksonWhite Law, that’s what we’ve been doing for years: setting aside convictions with great success. Do not let your DUI negatively affect your employment, hinder your driving privileges or intensify future charges—contact JacksonWhite Law to help you achieve the best possible outcome.

Call the JacksonWhite Criminal Law team at (480) 500-6103 to discuss your case today.