Facing a DUI conviction in Arizona can have long-term consequences on both your personal and professional life. Fortunately, for individuals convicted of a misdemeanor DUI, there may be an option to expunge the conviction, helping to mitigate its impact on your future.
Phoenix DUI lawyer Arja Shah has dedicated nearly two decades to defending clients against DUI charges and guiding them through the post-conviction processes to help clear their records. With over 3,000 clients successfully represented, Attorney Shah brings unmatched expertise in Arizona DUI law and a deep commitment to advocating for her client’s rights.
This article will cover the following subtopics:
- How Does a Misdemeanor DUI Impact Your Record in Arizona?
- What is an Expungement for a DUI Conviction?
- Who Is Eligible for DUI Expungement in Arizona?
- What Does the Expungement Process Look Like?
- 10 FAQS: Record Expungement in Arizona
- Contact DUI Attorney Arja Shah
How Does a Misdemeanor DUI Impact Your Record in Arizona?
A misdemeanor DUI conviction in Arizona has long-term impacts on a person’s record, governed by several statutes. Under ARS §28-1381, a first-time DUI conviction can lead to 90 days of driver’s license suspension and up to 10 days of jail time, with added costs from fines and mandatory programs.
Additionally, Arizona enforces SR-22 insurance requirements, often resulting in increased premiums for three to five years. These penalties remain on an individual’s record and are visible to potential employers, landlords, and others conducting background checks.
What is an Expungement for a DUI Conviction?
In Arizona, an “expungement” for a DUI conviction operates differently from a traditional expungement in other states.
Arizona does not fully erase or remove convictions from records but instead allows for a process called a “set-aside” under ARS 13-905.
When a set aside is granted, the court officially dismisses the judgment of guilt, meaning the conviction no longer appears as a standing judgment on the person’s record.
However, the record itself isn’t completely erased. The set-aside acknowledges that the individual fulfilled all sentencing requirements and dismisses penalties or restrictions tied to the conviction, except those related to driving privileges, firearms, or specific state-regulated occupations.
The set-aside may be accompanied by a “certificate of second chance,” which provides additional benefits, such as reduced restrictions for obtaining employment and housing, and relief from certain licensing barriers.
This certificate is often available to those convicted of misdemeanors, including DUI, and serves as a form of record relief, allowing individuals greater opportunities as they rebuild their lives post-conviction.
Who Is Eligible for DUI Expungement in Arizona?
Under Arizona law, individuals convicted of a misdemeanor DUI may be eligible to apply for a set-aside under ARS 13-905, provided certain conditions are met:
- Completed Sentence Requirements: The person must have fulfilled all aspects of their DUI sentence, including probation, jail time, fines, and any court-ordered programs.
- Clean Record Post-Conviction: Individuals should not have additional pending charges or recent criminal convictions.
- Good Compliance History: The court considers whether the individual complied with all terms of their sentence and any probation requirements.
Who Is Ineligible for DUI Expungement in Arizona?
Arizona law also specifies certain types of offenses that are not eligible for a set-aside. Individuals are ineligible if their conviction involves:
- Dangerous Offenses: Crimes classified as “dangerous offenses” under Arizona law, typically involving significant physical harm or threats to others.
- Sexual Offenses: Any offense where there has been a finding of sexual motivation or one that requires registration under Arizona’s sex offender registry.
- Offenses Involving Minors: Felony offenses where the victim was a minor under 15 years of age.
These eligibility guidelines help ensure that individuals who meet the set-aside criteria can benefit from reduced restrictions associated with their record, while higher-risk offenses remain ineligible for this relief. Attorney Arja Shah can help assess whether a client’s specific circumstances meet the legal requirements for pursuing a set-aside in Arizona.
What Does the Expungement Process Look Like?
The set-aside process for a DUI conviction in Arizona involves several important steps, each of which Attorney Arja Shah guides her clients through to help them achieve the best possible outcome. Here’s an overview of what to expect in the process:
- Filing the Application: The convicted individual, their attorney, or probation officer can submit an application to set aside the judgment of guilt. There is no filing fee required, making the process accessible.
- Court Review: The court will evaluate various factors, including the offense’s nature, the applicant’s compliance with all sentencing requirements, any prior or subsequent convictions, the victim’s input (if applicable), and the time elapsed since sentence completion.
- Court Decision: If granted, the court will issue an order to set aside the judgment, officially dismissing the conviction and releasing the individual from associated penalties. In some cases, the court may also issue a “certificate of second chance,” which provides additional protections for employment, housing, and licensing.
- Notification and Record Update: The court clerk notifies the Arizona Department of Public Safety to update the individual’s criminal history, marking the conviction as dismissed, though it remains visible on the record.
The set-aside process for a DUI conviction in Arizona typically takes several weeks to a few months from the time of filing, depending on the court’s schedule and the specifics of the case.
Factors such as the complexity of the application, any objections filed by the state or a victim, and the need for a hearing can affect the timeline.In straightforward cases without objections, the process may be completed in as little as 4-6 weeks. However, more complex applications, especially those requiring additional documentation or a court hearing, may extend the timeframe.
10 FAQS: Record Expungement in Arizona
- Can you fully expunge a DUI conviction in Arizona?
- Arizona doesn’t offer true expungement, where a record is completely erased. Instead, Arizona’s expungement law allows individuals to petition the court to set aside a conviction. While this doesn’t remove the conviction, it updates the record to show that the person met all terms and conditions of their sentence, which can help minimize the impact on employment and housing.
- How long is the waiting period before you can apply to set aside a conviction?
- There is no specific waiting period under Arizona expungement law, but you must complete all sentencing requirements, such as probation, fines, or jail time, before petitioning the court to set aside your conviction.
- Who is eligible for expungement or a set-aside in Arizona?
- Anyone convicted of a misdemeanor or certain felony offenses may be eligible to petition the court to set aside the conviction. However, serious offenses, including dangerous crimes against children, may not qualify. A criminal defense attorney can help determine eligibility.
- Does a set-aside remove a conviction from public record?
- No, a set-aside does not erase or seal the conviction from public record. It simply updates the criminal record in Arizona to indicate that the person has satisfied all sentence requirements, offering potential relief from penalties related to the conviction.
- Can setting aside a DUI affect my ability to regain driving privileges?
- Setting aside a DUI conviction does not automatically restore driving privileges. However, fulfilling all sentence requirements may allow you to petition the Arizona Department of Transportation for reinstatement based on your case specifics.
- Is it possible to get a prior felony conviction set aside in Arizona?
- Yes, many felony convictions are eligible for a set-aside if the person has fulfilled all sentencing requirements. However, violent felonies and certain sexual offenses may not be eligible. It is advisable to consult a criminal defense attorney to confirm eligibility.
- What is a certificate of second chance, and who can apply for it?
- A certificate of second chance is part of Arizona’s new expungement law, providing additional relief for those whose conviction has been set aside. It helps individuals with a criminal record qualify for occupational licenses, housing, and more. This option is available to those who meet specific eligibility requirements under Arizona Revised Statute 13-905.
- What happens if my petition to set aside a conviction gets denied?
- If your petition is denied, you will receive a written explanation from the court. You may be able to refile, but it’s important to address the reasons for denial. Consulting an attorney can improve the chances of a successful petition.
- Can a DUI attorney help with setting aside my DUI conviction?
- Yes, working with a DUI defense attorney near you can streamline the process, ensuring all documentation is complete, and strengthening the petition’s chances. An experienced criminal defense attorney can also provide guidance on all terms and conditions needed to successfully file a petition.
- How does setting aside a conviction differ from sealing or erasing a record?
- Setting aside a conviction in Arizona updates the status of the record but does not seal or erase it. The conviction remains on public record but is marked as dismissed, showing the individual has met legal obligations.
Contact DUI Attorney Arja Shah
With a record of defending over 3,000 clients and nearly 20 years of dedicated service in DUI law, Attorney Shah understands the impact of a DUI conviction and the relief that a set-aside can bring.
Arja Shah is committed to helping clients overcome the challenges associated with a criminal record and pursue the fresh start they deserve. Her extensive knowledge of Arizona DUI laws and set-aside eligibility requirements make her an excellent advocate for those seeking to clear their records.
Contact Arja Shah Law today at (602) 560-7408 for a free consultation and personalized defense strategy.
