Is it Possible to Remove an Arizona DUI from Your Record?

Arizona DUI Expungment

DUI is a serious offense and it can have a profound impact on the future. This is one of the reasons why many people in Arizona who have been charged with driving under the influence wonder whether it’s possible to get rid of that record. The truth of the matter is that certain people will qualify for having their DUI record set aside. A few essential conditions need to be met for the purpose. So, it is possible to remove an Arizona DUI from your record. 

When Can You Remove an Arizona DUI from Your Record?

Usually, proving to be responsible after the conviction is the best way to have the DUI cleared from your record.

Some of the responsible behaviors that a court will be looking for include:

  • Completing a probation period successfully
  • Paying fines and fees within the specified timeframe
  • Attending classes
  • Doing community service
  • Doing jail or prison time as mandated by the court

A few additional conditions may also apply, depending on the specifics of the violation. A court will have to determine whether the circumstances of the case were deemed dangerous, whether there were any victims and what their age was and when the probation was finalized.

Under Arizona Revised Statutes 13-907, after completing a sentence and meeting all other conditions, an individual may ask a court to set aside the findings of guilt. If the court agrees, the case will be dismissed and the charge is not going to appear in a basic background check.

More thorough background checks will reveal information about the DUI. Thus, the charge can’t be erased from all possible records but its impact will be minimized. When applying for a job, for example, you’ll be mostly free from having to deal with the consequences of a DUI.

Applying for the Clearing of DUI Convictions

The process of applying for the removal of a DUI conviction from your record is relatively simple and straightforward. Still, being represented by an experienced criminal defense attorney will speed things up and increase your chances of success.

The application has to be addressed to either the judge or the justice that pronounced the original sentence. Once the convicted party applies, the court will take a look at all of the elements mentioned above to determine whether they’ve acted in a responsible manner.

After a thorough review, the court will either schedule a hearing or immediately grant or deny the request. If the applicant receives a denial, they may request the court to reconsider the application.

Upon an automatic granting, the DUI conviction will be set aside.

DUI Expungement in Arizona is Impossible

While a DUI charge can be set aside, it cannot be expunged in Arizona.

Expungement is a legal term that refers to the “sealing? or erase a criminal record. Usually, states have laws that allow for the expungement of juvenile records. Arizona is not an exception.

When it comes to DUI charges, their expungement is impossible. In addition, there’s no automatic erasure of the records after a certain period of time has passed. Under Arizona laws, only juvenile DUI records will be expunged but some conditions will still have to be met.

Having a criminal record set aside means that it’s not going to be visible in a basic background check but it’s also not going to disappear. You will be released from all penalties stemming from the conviction. A license revocation is the only exception that will still apply, even if the DUI is set aside by the court.

A final thing to remember is that even if a DUI conviction is set aside, you may still have to disclose information about it (to a potential employer and depending on the questions being asked). You can, however, note that the conviction has been dismissed. As you can see, DUIs will make your life more complicated even in the case of a dismissal. It is possible to remove an Arizona DUI from your record up to some extent, but it cannot be expunged. This is why you need to be careful and in the event of a DUI, you need to contact an experienced attorney immediately.

FAQs for Arizona DUI Expungement

How do I get a DUI off my record in Arizona?

To get a DUI off your record in Arizona, you can petition the court to set aside or expunge your conviction. You must meet certain eligibility requirements and file an application with the court, which will then review your case and decide whether to grant the expungement.

How long does it take to get a DUI expunged in Arizona?

The amount of time that it takes to get a DUI expunged in Arizona depends on several factors, including the size of the jurisdiction you are filing in, the complexity of your case, and any backlogs at the court. Generally, however, processes take an average of four to six months from start to finish.

Does DUI show up on background check in Arizona?

A DUI conviction usually shows up on a background check in Arizona. However, if you successfully have the conviction expunged, it may no longer appear in some background checks.

Can you get a DUI sealed in Arizona?

Yes, you can have a DUI conviction sealed in Arizona. Similar to expungement, you can petition the court to seal your record and remove it from public view. If granted, it will no longer be accessible through most background checks.

Does a DUI stay on your record forever in Arizona?

It depends. Typically, a DUI charge remains on a person’s criminal record for life unless they apply for and receive an expungement or sealing. If either of these is granted, it may no longer be visible in most background checks.

Does Arizona report DUI to other states?

Arizona typically reports DUI convictions to other states for the purpose of reciprocity. Depending on how different states record and store records, the incident may or may not show up on a background check outside of Arizona.

What to do after a DUI in Arizona?

After receiving a DUI in Arizona, it’s important to seek legal advice in order to determine what steps need to be taken. Your lawyer can help you understand what charges you are facing, how best to fight them in court, and whether or not you stand a chance of having your conviction overturned or expunged.

Does Arizona offer expungement?

Yes, a person convicted of a crime in Arizona may be eligible to have their record expunged or sealed. Expungement essentially erases the conviction from one’s public record while sealing keeps it out of public view, making it accessible only to certain people such as law enforcement or government agencies.

What is the expungement law in Arizona 2023?

In 2023, the law changed regarding the process of applying for an expungement or sealing of one’s criminal record in Arizona. Among other changes, applicants are now required to provide DNA samples if requested by the court, attend mandatory classes on overcoming substance abuse if applicable, and complete community service hours prior to filing for expungement or sealing.

How do I set aside a DUI in Arizona?

To set aside a DUI in Arizona, you must meet certain eligibility requirements and submit a petition requesting to have your conviction overturned or expunged from your record. Your request must then be approved by a judge before the conviction is officially set aside.

Can a lawyer get you out of a DUI in Arizona?

While hiring a lawyer does not guarantee a successful case for overturning or expunging your DUI conviction, they can certainly help present arguments to the judge that may improve your chances of success. Your lawyer can also advise you on the next steps and help guide you through the process.

How long can a DUI case stay open in Arizona?

A DUI case can remain open until all proceedings have been completed and any applicable fines have been paid. This could be anywhere from several weeks to several months depending on various factors such as circumstances surrounding the case and how quickly paperwork is filed.

What happens in Arizona with your first DUI?

In most cases, first-time offenders will face both civil and criminal penalties such as license suspension or revocation, installation of an ignition interlock device (IID), probation, and fines over $1000. There may also be requirements for drug or alcohol assessment, education classes, community service, and/or Jail time depending on the severity of the offense.

Leave a Comment

Your email address will not be published. Required fields are marked *