Having a criminal record with a DUI (driving under the influence) conviction can affect your career, your eligibility for housing and financial aid, and your reputation. Until recently, it was not possible to expunge a DUI conviction in Arizona. However, new laws now allow qualifying individuals to clear their records through expungement.
What Is Record Expungement?
Criminal record expungement is a process through which an individual’s record is erased in the eyes of the law. An expunged record is removed or hidden from public view, allowing the individual to legally state that he or she has never been arrested or convicted for the expunged offense. This can allow the individual to move on from the conviction and avoid any further ramifications of having a criminal record.
Arizona’s New Expungement Law
Starting on January 1, 2023, state law in Arizona allows for certain criminal convictions to be expunged or sealed. Before the passing of Arizona Revised Statute Section 13.911, a set aside was the only option for altering an individual’s criminal record in Arizona. Having a record set aside does not change or erase your criminal history, but notes on the record that you completed your sentence and the conviction has been dismissed.
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How to Have Your DUI Conviction Expunged in Arizona
If you have a DUI conviction on your record, the first step toward expungement is completing all the terms and conditions of your criminal sentence. You must show the court that you have completed any required jail time or probation, community restitution, alcohol or drug counseling, and traffic school, as well as paid all required fines and fees associated with your case.
You must then meet other requirements to qualify for DUI expungement, which include:
- Correct type of record: you may qualify if your case involved dismissal, acquittal or an arrest that did not result in charges filed. If you were convicted of a DUI, you may still qualify for expungement after the waiting period.
- Mandatory waiting period: you must wait a specific amount of time after your conviction to apply for expungement. The waiting period depends on the type of conviction: 10 years for class 2 and 3 felonies, 5 years for class 4 to 6 felonies, 3 years for class 1 misdemeanors, and 2 years for low-grade misdemeanors.
- Filing the petition: you or your criminal defense attorney must file a petition to request an expungement with the court where your DUI case was heard. The court will notify the prosecutor’s office of your request. After 30 calendar days, the court will make its decision.
Most DUIs in Arizona can be expunged under the recent law change. However, DUI convictions that involve the use of a deadly weapon, homicide charges or crimes against children will not qualify. Note that even after expungement, a DUI record can be used by the courts as proof of a prior felony conviction to enhance the penalties for a subsequent felony.
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Contact an Arizona DUI Expungement Attorney
A DUI expungement attorney can help you determine if you qualify, collect proof of your eligibility, file the expungement petition on your behalf, attend any necessary hearings, and help you correct any missing information or file an appeal if your petition gets denied. For more information about DUI expungement in Arizona, request a free case consultation with an attorney at the Law Offices of John Phebus.
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If you would like to discuss options on your case and how we can provide legal help, contact The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer today and connect with one of our highly experienced Scottsdale criminal defense attorneys.
John Allen Phebus – Experienced Personal Injury & Criminal Defense Attorney
John Phebus is a seasoned attorney specializing in personal injury and criminal defense law. With a focus on DUI defense, vehicular crimes, and serious injury cases, John has been fiercely advocating for his clients, ensuring they receive the representation and compensation they deserve. His expertise and dedication have led to numerous successful outcomes. If you’re seeking a knowledgeable and passionate attorney who will fight for your rights, John Phebus is here to help.
Years of experience: +25years
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