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how long is a dui on your record in Arizona

How Long is a DUI on Your Record in Arizona?

Many lawyers speak about driving under the influence as if it were a different type of law than criminal law. What we need to understand is that driving under the influence (DUI) is a serious crime that will leave you with a criminal record if you end up getting convicted. 

Here’s what you need to know; a felony conviction cannot be expunged in Arizona; hence you cannot simply erase a DUI conviction. In other words, you have no choice but to take the right course of action when and if you find yourself in a situation where you could potentially be found guilty of driving under the influence.

More importantly, it’s crucial that you do your best to avoid getting a DUI charge on your record as the Arizona DUI laws are extremely strict and they do not take the matter lightly. Alternatively, it’s better to petition for your conviction to be “set aside” if the first option doesn’t work.

Having a criminal record will taint your resume when seeking out future job opportunities. There is a range of outcomes based on your behavior, but being convicted is never a good thing.

For instance, a DUI might have severe ramifications if your job requires you to drive. If you are convicted of a DUI in Arizona, your conviction could affect your eligibility to obtain a drivers license.

Also, many employers are known to turn down applicants who are convicted felons. No matter how clean your driving record is, many companies prefer to avoid hiring those who have been previously convicted of a felony.


How long is a DUI on your record in Arizona?

In some states, a DUI conviction can be wiped from your record but not in the state of Arizona. For example, in Arizona, they use the term “setting aside” to describe the process of removing a prior conviction from a person’s record since it’s not legally possible.

A clean criminal record can be claimed regardless of where you reside. You are no longer charged with a DUI if you have a clean driving record. However, let’s discuss a few exceptions.

The Arizona law only allows expungement of records for minors under 18 who have been convicted of a crime. A dismissal may be granted to someone whose DUI conviction has been overturned due to a change in behavior since the time of their arrest.

In most cases, institutions, recruiters, and other organizations will not see it when performing routine background checks. However, they will observe that there was a dismissal for the then-existing DUI on a deeper inquiry.

Since your only criminal record is a DUI, you can claim that no other charges have been filed against you. A clean criminal record, including an expunged DUI, improves your prospects of being hired, winning a scholarship, or being admitted to specific institutions and universities.


What About Your Driving Record?

If you have a DUI conviction set aside, it will not be erased from your driving record, but it will be less visible. In Arizona, a DUI conviction results in an automatic 8 points violation of your license. Even with the DUI being set aside, these points don’t go away immediately; only over time, they fade away. 

It’s advisable to get the DUI done away with. Following a DUI sentencing, there is a procedure that your DUI attorney must carry out which will not only help streamline the whole process but also improve your chances of getting your life back on track.


Government Jobs, Professionals, and Sensitive Occupations

Please note that deleted and set aside records can still be accessed by select employers.

When applying for a job in the state or federal government, you may be asked to reveal any criminal convictions you’ve had in the past. Even if a sentence is overturned or wiped by a court, government employees will still be able to see it.

If you work with children, your expunged record will be under review. There will also be access to erased information by professional licensing agencies for the legal and medical professions.


What Factors Do Arizona Courts Consider During A Set-Aside?

A judge in Arizona will weigh various circumstances while deciding whether or not to order a set-aside. If a court grants a set-aside, it will take into account the following:

  • The severity of the DUI conviction
  • Whether or not the petitioner agreed with the court’s sentence guidelines.
  • Time duration of the sentence imposed.
  • Following a conviction for a crime, the defendant’s actions will be taken into account.

A judge will have the ability to overturn your conviction after considering all of the above factors. The court will then accept your application after granting you the set-aside.

Individuals who want to have their criminal records expunged will have to pay consistent fees and fines. Adherence to the court’s guidelines should be followed to a T and taken very seriously.


Setting Aside Your DUI Conviction

A few procedures must be completed before a DUI conviction can be expunged from one’s record including the following:

  • Completing a probationary period as instructed.
  • All fees and penalties must be paid in full.
  • Complying and attending court-ordered DUI classes online and other conditions, such as installing an Ignition Interlock Device.

That’s not all, as you will have to show the court that all of the conditions of your DUI sentence were met. In addition, following a DUI conviction, most judges will also consider how clean your criminal record has been since the incident.

Make use of the services of a skilled DUI lawyer to help you plan and complete the expungement procedure. If you want to have your conviction overturned, you’ll need to fill out and submit your paperwork to the Arizona Superior Court. An attorney can provide you with all of the assistance necessary when it comes to overturning DUI convictions.


Subsequent DUI Convictions

Be rest assured that the number of prior offenses the driver has had will affect the severity of a DUI. Thus, those who commit the offense for the first time receive a lower penalty than repeat offenders.

It doesn’t matter what you do to get your first DUI off your record. Second convictions don’t overwrite previous ones. Also, Even though an Arizona court has overturned two prior convictions, third-time DUI convictions are still counted.

What this Means for Your DUI Record

Several elements, including the circumstances of your case, your criminal record, and a range of other factors, must be taken into account when determining whether or not your DUI conviction can be overturned. The judge will decide and deliver a verdict after examining the variety of factors.

Having your DUI record set aside is not bread and butter. Some people may have difficulty following the steps and may need an attorney.

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