The Phoenix DUI Law Blog

How to get an Arizona DUI Expungement

You've paid your dues for one costly night of drinking under the influence. You paid the hefty fines, spent the time in jail, and may have had an ignition interlock device installed in your car for several months. Now that you've done the time for doing the crime, you'd like to have it all behind you. But how does one go about a DUI expungement in Arizona?

Although Arizona isn't one of the several states that specifically have laws governing DUI expungement, the state courts do provide a way to expunge your criminal record. Under state law, expungement is referred to as the "setting aside" of a judgment.

You are qualified to have a judgment of guilt set aside if you have completed the terms of your conviction. In the case of a convicted drunk driver, this may include paying all applicable fines, serving the mandatory jail sentence and completing all probation terms. However, if your DUI incident involved a dangerous offense, such as the infliction of serious physical injury on another person, you are not eligible to have your judgment set aside. In addition, you have to wait two years to apply if you spent time in an Arizona jail or prison for your offense.

If you believe you are qualified to have your DUI conviction set aside, you must file an application with the court to set aside the judgment of guilt and include all records related to your DUI arrest and sentence. The form can usually be found online on the court’s website.

In contrast to a DUI arrest, you are not required to appear in court in order to request to have your DUI judgment set aside. Instead, your application will be considered in a closed session of the court, and you will be notified of the result by mail.

If granted, your criminal record will show that the conviction has been set aside, but it may not be completely removed. You will also still have to disclose the conviction on a job application if it asks for prior convictions, but you can note that the judgment has been set aside.

Further, you will be released from all penalties and disabilities resulting from the conviction with the exception of any license revocations or suspensions that may have applied. Finally, your DUI conviction may still be used against you if you are arrested for another DUI.

Getting a DUI expungement of a conviction can be liberating, but it can also be a complicated process. A Phoenix DUI attorney can assist you with the procedures or answer any questions you may have about your eligibility and the process itself. Good luck!

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