If you're seeking DUI expungement in Arizona, you may feel like you're navigating a maze of legal jargon and complex procedures. The term "expungement" is often used interchangeably with "set aside," but in Arizona, they’re not quite the same. While Arizona doesn’t offer true DUI expungement, the set aside process under A.R.S. §13-905 provides a way for eligible individuals to have their DUI convictions marked as completed, offering some relief from the burdens of a criminal record.
As seasoned Flagstaff criminal lawyers, the professionals at Griffen & Stevens Law Firm are ready to guide you through the intricacies of state laws and help you determine if you qualify for DUI expungement in Arizona, or more accurately, a set aside of your DUI conviction.
Understanding Arizona's Set Aside Law
Arizona's set aside law, outlined in A.R.S. §13-905, allows certain convicted offenders to petition the court to set aside their conviction. It's important to note that a set aside is not the same as an expungement—your DUI conviction still appears on your record. However, it will be accompanied by a notation indicating that the conviction is completed.
The primary benefit of a set aside is that it demonstrates to potential employers, landlords, and licensing boards that you’ve taken responsibility for your actions and have successfully fulfilled the terms of your sentence. It can open doors that may have been closed due to your DUI conviction.
Eligibility for Setting Aside a DUI Conviction
Not everyone with a DUI conviction in Arizona is eligible to have their record set aside. The state has specific criteria that must be met to qualify:
- Completion of sentence. You must have fulfilled all aspects of your sentence, including any probation, fines, and restitution. This demonstrates to the court that you complied with the legal penalties and consequences.
- No pending charges. You cannot have any pending criminal charges against you. The court wants to see that you stayed out of trouble since your DUI conviction.
- No subsequent convictions. You must not have been convicted of another offense after your DUI. Subsequent convictions indicate a pattern of criminal behavior and may disqualify you from set aside eligibility.
- Non-commercial DUI. Your offense must not have involved a commercial driver's license (CDL). CDL holders are held to a higher standard, and their DUI convictions aren’t eligible for set aside.
- No serious injuries or fatalities. If your DUI resulted in serious physical injury or death to another person, you’re not eligible for a set aside. The severity of these consequences precludes an opportunity for DUI expungement in Arizona.
- Not a registered sex offender. If you’re required to register as a sex offender, you can’t petition for a set aside of your DUI conviction.
The Set Aside Process for DUI Convictions
If you meet the eligibility requirements, you can begin the process of petitioning the court to have your conviction set aside. Here's a step-by-step breakdown:
- Obtain your DUI record. You can get a copy from the court where your case was handled. This document is necessary for filing your petition.
- Complete petition forms. Fill out the required forms, including the Application to Set Aside Conviction. Make sure to provide accurate and complete information.
- File the petition. Submit your forms to the court that originally handled your DUI case. This is a crucial step in the set aside DUI conviction process.
- Court review and hearing. The court reviews your petition and may schedule a hearing to consider your request. This hearing allows the judge to ask questions and gather more information about your case.
- Court decision. If your petition is approved, an order to set aside your DUI conviction is issued.
While these steps may seem straightforward, the petition process is often complex. Working with a knowledgeable Flagstaff DUI attorney from Griffen & Stevens Law Firm helps ensure that your petition is thorough, accurate, and persuasive. This greatly increases your chances of success in seeking some form of DUI expungement in Arizona.
Benefits of Setting Aside a DUI Conviction
As mentioned above, pursuing a set aside gives you more opportunities, such as:
- Improved employment prospects. During background checks, a DUI conviction is a red flag. By having your conviction set aside, you demonstrate that not only have you fulfilled your legal obligations, but are dedicated to taking responsibility for your actions.
- Enhanced housing opportunities. Landlords often screen potential tenants for criminal histories. A set aside can make it easier to secure good housing by showing that you’ve corrected past mistakes and have a character in good standing.
- Increased eligibility for professional licenses. Certain professions, such as health care and education, require licensure. A DUI conviction hinders your ability to obtain these licenses, but a set aside may improve your chances.
It's important to remember that a set aside doesn’t erase your DUI conviction from your record. However, it does provide a measure of relief and can help you move forward in life.