Can I Expunge a DUI Conviction in Arizona?

There are a variety of criminal convictions that can be sealed or expunged from an individual’s criminal record in Arizona.  However, when it comes to driving under the influence (DUI) charges, there is no way to expunge the prior DUI conviction.  It essentially stays on the convicted individual’s criminal record.  Further, DUI convictions may be used against a person for a period of five years if that person is charged with a subsequent crime.  Many states share the same policy as Arizona in terms of cracking down on drunk driving, and enhancing the penalties for conviction, but Arizona is especially strict in that a DUI conviction traditionally cannot be erased.

The attorneys at Ariano & Reppucci, PLLC are on call 24 hours a day, 7 days a week to answer your DUI questions.

What Are My Options?

            While you do not have the ability to request expungement of a prior DUI conviction, you do have the option of setting aside a prior DUI conviction if certain conditions are met.  A set aside is much like sealing your criminal record.  The conviction does not go away, but it is kept private from the public domain.  Law enforcement officials will have record of all prior convictions, but any background checks concerning you will not reveal a prior DUI conviction if the request for the set aside is granted by a judge.

            A judge will review each DUI conviction independently to determine if there is any reason why the conviction should not be set aside.  Individuals will likely not have a prior DUI conviction set aside if one or more of the following occurred in the course of the DUI incident:

·        Serious injury or death to another;

·        Involvement of a deadly weapon or dangerous instrument; and

·        Involvement of a victim under the age of 15 years old.

There may be additional factors that could result in the denial of a request for a set aside that are not listed above.  As such, you should speak with a Scottsdale DUI Defense Attorney to discuss the options you have for addressing a prior DUI conviction.  The benefits of having your prior Arizona DUI conviction set aside are well worth the effort to filing a request with the court.  By having your criminal record sealed from the public view, you will have a better chance of getting the job you want, going to the college of your choice, and/or renting a house or apartment.  Despite this state’s strict DUI laws, you may have at least some recourse if your prior criminal matter is not standing in your way.  You should at least consult a drunk driving lawyer in Scottsdale as most offer free consultations.

Contact the Scottsdale DUI Attorneys of Ariano & Reppucci, PLLC Today