The Phoenix DUI Law Blog

3 Reasons to Get Your DUI Conviction Expunged

Getting a DUI can be a hassle, and the resulting conviction will be a greasy smear on your otherwise pristine criminal record.

It isn't just the principle of your own goodness at stake. Here are three good legal reasons to expunge that DUI stain from your record:

1. Because You Can (for 'Simple' Convictions, Anyway).

Fortunately for otherwise well-mannered citizens with just one DUI conviction on their records, expungement gives you the option to either erase that conviction or to seal it from the public.

In Arizona, this is called "setting aside" a judgment, and if you have a "simple" DUI -- one involving no aggravating factors (injuries, BAC over 0.15%, prior convictions, etc.) -- then you should be able to get your conviction expunged after completing the terms of your probation.

If you spent time in jail because of your conviction, you will have to wait two years after completing all of the terms of your sentence before getting your conviction set aside.

2. Because It's Simple.

Unlike motions to seal judgments in other courts, in Arizona's Maricopa County, the form to set aside your DUI conviction can be mailed in. It does not require a court appearance.

The application to set aside your conviction will require you to attach all absolute discharge paperwork from jail or prison if your DUI sentence required jail or prison time.

The same form can be used to restore your civil rights and gun possession rights if your DUI was treated as a felony.

3. Because Employers May Not Hire You Otherwise.

If you choose not to take steps to expunge your DUI conviction from your record, future employers may see it during a background check.

Arizona is one of 14 states which may require employers to prove that your conviction was relevant to your potential job duties, but why allow them to see it in the first place?

Expunging your DUI conviction from your record will help ensure your recruitment for a new position goes as smoothly as possible.

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