Can a DUI Conviction Be Expunged in Arizona?
In Arizona, a DUI conviction stays on your record forever, but there are some exceptions. If you were under 18 years old when you committed the crime, you could be eligible to have your DUI conviction expunged. However, the rules change if you were older than 18 when you were convicted.
Even if you are not eligible for DUI expungement, you may be able to get the conviction set aside. The expert lawyers at Van Norman Law can help you understand the requirements and the process for setting aside your DUI conviction. Continue reading to find out what it means to get your conviction set aside vs. expunged in Arizona.
When Can a DUI Conviction Be Expunged in Arizona?
The only way your DUI conviction can be expunged—meaning it is completely removed from your record—is if you were under 18 when you drove under the influence. However, you must be able to meet several requirements before the court will agree to seal your juvenile records.
To be eligible to expunge your juvenile DUI conviction, you must:
- Be at least 18 years old
- Not have a criminal charge currently pending
- Not have been convicted of any felony offense since the DUI conviction
- Have completed your juvenile corrections sentence and probation period without issue
- Have paid all restitution (fines and fees) in full
What Does Setting Aside an Arizona DUI Conviction Mean?
If you commit a crime while you are 18 years old or older, there is no way to expunge a misdemeanor or felony DUI conviction from your record. However, the conviction does not have to impact your future. You can apply to have the conviction set aside.
Getting your conviction set aside can open up more opportunities for your future. For instance, the DUI conviction will no longer show up in basic background checks. That means you can apply for work or to universities without worrying about your conviction impacting your chances of admission or being hired.
However, according to Arizona Revised Statute (ARS) 13-905, the conviction will still stay on your criminal record. If someone conducts a more thorough background search, your record will show the DUI along with the fact that it was dismissed.
How to Get a DUI Conviction Set Aside
The process of getting your DUI conviction set aside has very similar requirements to getting a juvenile conviction expunged. You must have successfully served your jail or prison sentence and probation period and have paid any fees and fines that were imposed. You also need to have completed any court-ordered tasks, such as installing an ignition interlock device in your vehicle or attending alcohol screening and counseling appointments.
DUI Attorney in Scottsdale
Applying to get your DUI conviction expunged or set aside is a complicated task. At Van Norman Law in Scottsdale, Arizona, we can help you understand whether or not you’re eligible for expungement or setting your conviction aside. We’ll fight for you to get the best outcome possible, whether you’re facing a DUI charge or applying to clear your record. Call us at 480-481-0616 to schedule a free consultation.