Even years after being convicted of a DUI, the consequences of having a criminal record can continue to negatively impact your life. That’s right—even after serving time in jail, paying fines and fees, attending mandatory classes or counseling, and having an ignition interlock device installed on your vehicle, you may still have difficulty passing a background check, getting a job, or obtaining professional licenses.
If you were convicted of a felony DUI, the consequences can be even more severe. You may lose your right to vote, bear arms, get a loan, and other civil rights. These effects can linger for years, making it difficult to move on with your life. If you’re ready to take back your future, you may wonder whether it is possible to permanently remove a DUI from your record. Read on to learn how you can have your DUI conviction set aside in Arizona from the criminal defense lawyers at Lerner and Rowe Law Group.
How Long Does a DUI Stay on Your Record in Arizona?
Before discussing how to remove a DUI conviction from your record, let’s cover how long a conviction will stay on your record in the first place. When it comes to DUI records, there are two main places that store information about your convictions: the Motor Vehicle Department (MVD) and criminal records.
Motor Vehicle Department (MVD) Records
If you’re convicted of a DUI, you can expect the Arizona MVD to keep a record of it for five years. It will also cost you eight points on your driving record, which will stay on said record for about three years before eventually dropping off. Repeat DUI offenses or more serious convictions like an aggravated DUI will result in losing your driving privileges for longer periods of time and thus lengthen the amount of time a DUI stays on record with the MVD. Having a DUI on your MVD record can affect your car insurance premiums
Criminal Records
Unlike the MVD, which drops a DUI offense after five years, a DUI conviction will stay on your criminal record indefinitely. What most people think of as a criminal record is actually information available to several agencies, including the Arizona courts system and the Arizona Department of Public Safety (DPS). The Department of Public Safety may also share your criminal records with the Federal Bureau of Investigation (FBI). Most importantly, criminal records like DUI convictions are accessible to the public, including a potential lender or employer.
Can You Get a DUI Expunged?
In some states, you can petition to have your DUI records expunged. Expungement refers to the process of destroying or sealing the record of someone’s criminal conviction. Arizona doesn’t use the term expungement* in its statutes, but it does provide other legal avenues for mitigating the impact of a conviction on your record.
Under Arizona Revised Statute (A.R.S.) § 13-905, those who have been convicted of a criminal offense can apply to have the judgment of guilt against them “set aside”, so long as they have fulfilled the conditions of their sentence and/or probation.
*There are two exceptions here. Juvenile crimes committed under the age of 18 and certain marijuana convictions may be eligible for expungement.
How DUI Set-Asides Work
When a judge agrees to set aside a DUI conviction in Arizona, they are not removing or erasing the criminal conviction. There will still be a record of the fact that you were convicted of a DUI; however, there will also be a record showing that the judgment of guilt has been set aside and that the complaint was dismissed. The updated record should show up in a background check. This can make it easier for you to get a job, rent an apartment, apply for scholarships, or get into college.
That being said, there are some limitations to DUI set-asides. Although most employers won’t have access to your set-aside conviction, it will be visible to state or federal employers. The same goes for jobs that involve working with children as well as professional licensing boards. Again, though, the record will show that the conviction has been formally set aside.
Am I Eligible to Have My DUI Conviction Set Aside?
Unfortunately, not all DUI will be set aside. The court will consider these and other factors when determining whether or not to set aside a DUI conviction:
- The nature and circumstances of the offense
- Whether or not you complied with your probation conditions, jail sentence, and any other requirements set forth by the Department of Corrections
- Whether you had any prior or subsequent DUI convictions
- If applicable, the victim’s input or any victim restitution made
- How much time has passed since you were sentenced
- How old you were at the time of the conviction
In addition, there are certain circumstances under which you may be automatically disqualified from having a DUI-related offense set aside. These circumstances include:
- You were convicted of a dangerous offense. For example, if you caused a car accident while under the influence that resulted in serious physical injury or death, you could be convicted of vehicular aggravated assault or negligent homicide, which are considered dangerous offenses.
- You were convicted of a felony in which the victim was a minor under the age of 15. For example, if you were convicted of transporting a person under the age of 15 in a vehicle while intoxicated, you would likely not be eligible to have your DUI conviction set aside.
How Do I Apply to Have My DUI Conviction Set Aside?
To request that your DUI conviction be set aside, you will need to file a petition to set aside. The specific application you need to fill out depends on whether you were convicted in a county, justice, city, or magistrate court. For example, if you were convicted by the Superior Court of Maricopa County, you can fill out this Application to Set Aside.
You’ll need to provide your personal information, case number, date of conviction, information pertaining to any prior convictions or set-asides, and any other information you’d like the court to take into consideration. The application can usually be filed in person, by mail, or online.
It is highly recommended to consult a qualified criminal defense attorney before you submit your application to ensure that it is filled out and filed correctly. Even a small clerical error could result in the delay or denial of your application to set aside a conviction.
Get a FREE Consultation from Lerner and Rowe Law Group
If you’re ready to reclaim your life and protect your future from a previous conviction, Lerner and Rowe Law Group may be able to help. Our highly experienced Arizona DUI attorneys have helped hundreds of clients get their DUI charges dropped or their convictions set aside. Our law firm even offers free and confidential case reviews to help you understand all your legal options after an arrest or conviction.
To find out if you may be eligible to have your DUI conviction set aside, call our Phoenix or Tucson offices today to schedule your complimentary, no obligation consultation. Representatives are available 24/7 by phone at 602-677-7777 or 520-620-6200. You can also connect with us online using our convenient LiveChat feature, or send us your case details by filling out this confidential form. We offer affordable payment plans and our case results speak for themselves.