Is it Possible to Remove an Arizona DUI from Your Record?
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 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 the 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, 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 erasing of 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 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.