If you have a DUI, “driving under the influence”, conviction on your record, perhaps you already know that this can negatively impact your current employment or job prospects. Your current employer may see it if they run a background check on you. And, if you’re looking for a job, any potential employer will almost certainly run a background check on you before they hire you. One of the options you can use to avoid or minimize the impact of the conviction is to have the conviction set aside. And yes, it’s absolutely possible, especially if you hire a criminal lawyer to help you prepare the application. Hiring a good Phoenix DUI lawyer to represent you during the application process may improve the likelihood of the court issuing an order setting aside your conviction.
When DUI Convictions and Employment Background Checks Don’t Mix
For many people, getting a DUI is a one-time thing. Perhaps you had an unexpected encounter with law enforcement after attending a party. Or you were at a friend’s house for dinner where they served alcoholic beverages.
Sadly, having a DUI offense on your record can unfairly impact you in an employment background check. It may not completely reflect who you are as a person. You know that you are a good candidate for a potential job and are already a responsible employee. And even if your current employer wouldn’t fire you for the DUI conviction on your record, it’s still a shame that you don’t need. Your best bet is to have the conviction set aside with the help of a good Phoenix criminal defense attorney.
Setting Aside the Conviction
Many states have two separate ways to remove a DUI conviction from your record. The first one is expungement. Expungement removes the DUI conviction from the person’s record altogether, as if it never happened. Arizona does not permit true expungement of the charges, but it permits a court to set aside a person’s conviction and remove all drawbacks stemming therefrom.
When you’ve gotten your conviction set aside, the charges will still show up on a background check. But, it will show as a dismissal or conviction set aside. For your employer’s intents and purposes, having the conviction set aside may alleviate any concerns your current or future employer has about the charge and conviction. Law enforcement still keeps a record of your conviction, however.
How Can you Have your Conviction Set Aside?
Contact an experienced Phoenix criminal defense attorney to discuss whether your conviction is eligible to be set aside. A skilled criminal lawyer can argue to have your conviction set aside based upon a number of factors. For example, courts will often set aside your DUI conviction in the following circumstances:
- You’ve fulfilled all of the conditions of your sentencing and probation. This may include serving any time in jail or prison as required, meeting with your probation officer as required, and meeting all other conditions.
- No one suffered injury as a result of your actions.
- You have shown a period of good behavior since your conviction.
- The DUI is a misdemeanor DUI as opposed to a felony DUI.*
*Being convicted of a misdemeanor DUI rather than a felony DUI can make the set-aside process a little less complicated. But again, a good Phoenix criminal defense attorney can often be successful in working to have your conviction set aside. Even if you had a felony conviction.
Looking for Work and Worried About That DUI on your Record? Let us Help you Get your Conviction Set Aside
Do you have questions about how a DUI conviction can affect your future? Contact Lerner and Rowe Law Group for a free consultation. Our experienced criminal defense attorneys are ready to help you. Our office is open from 8am to 5pm, Monday through Friday. However, we can take your call 24 hours a day 7 days a week at 602-667-7777. We also have a LiveChat that’s always available for your convenience. Don’t wait. Call us today!