Arizona Conviction Expungement

Having a DUI conviction on your criminal record is understandably a stressful situation. In Arizona, a person's criminal record is public information discoverable by anyone conducting a simple background check. A driving under the influence of alcohol or drugs conviction carries mandatory jail time, driver's license suspension, and the requirement to install an ignition interlock device on your vehicle. 

Unfortunately, criminal offenses carry a stigma that can negatively impact a person's ability to secure employment, obtain entry into college, qualify for occupational licensing and other damaging collateral consequences. 

However, conviction does not have to be the final legal action on your case. There are options to clean up your criminal record and improve your future.

Arizona conviction expungement Attorney Dave Smith is knowledgeable and experienced with the ever changing post-conviction relief laws and will help you understand your options for criminal record cleanup.  

Call / Txt me anytime to get started - free consultation (602) 813-3004 

In Arizona, it is public policy to make criminal records accessible to the public for safety reasons. This means as soon as you are convicted of a crime, the conviction is entered by the court and becomes public record. Background checkers would have access to this information, which could negatively impact your life such as by being passed up for a job. Arizona shares DUI conviction data with:

• Government agencies
• Future employers
• Universities / schools
• Insurance companies
• Border checkpoints / Canada / Mexico
• Immigration
• Entities conducting records searches
• Creditors

Many courts provide a case lookup system on their website, which is easily accessible by anyone with a computer. Even if you are not convicted for the offense, the record will still show arrest information regarding the case. Unfortunately the existence of such records can cause issues for people dealing with child custody, immigration, ineligibility to qualify for employment in government. 

Currently, Arizona is not a state that offers true "dui expungement" for driving under the influence of alcohol or drugs convictions. However, there are still several options for those seeking post-conviction relief to clean up their criminal record:

• Set aside a DUI conviction (have the case dismissed)
• Seal DUI arrest and conviction records from public view

For those looking for a way to get their DUI charges dismissed after conviction, a set aside is a great option in lieu of criminal record expungement. After a person has completed their sentence, the court may be petitioned to have the judgment of guilt set aside. If granted in full, the set aside accomplishes several things:

• Sets judgment of guilt aside and dismisses the charges
• Dismisses the complaint / charging document
• Restores civil rights lost as a result of the conviction: your right to vote, hold public office, sit on a jury, and the right to own firearms.

Additionally, Arizonans may also receive a certificate of second chance within the set aside Order. A certificate of second chance:

• Releases the person from all barriers and disabilities in obtaining an occupational license resulting from the conviction if the person is otherwise qualified. 
• Extends a limited liability release to employers of the person and housing providers under A.R.S. 12-558.03.    

The set aside is a good option for people seeking employment, housing, and criminal record cleanup. Unlike dui expungement offered in other states, what a set aside in Arizona does not do is erase any part of the record. The record remains in public databases, however, it is updated with an annotation that the case is dismissed or set aside. This potentially looks much more favorable to future employers and housing providers as it shows the court has deemed that the person has been rehabilitated. 

Experienced Scottsdale DUI Defense Attorney Dave Smith is knowledgeable on set aside laws and skilled at presenting your case to the court to get results. 

Call for a free consultation to check your eligibility to have your DUI conviction set aside: (602) 813-3004      

Since January 2023, Arizonans may apply to seal all eligible arrest, conviction, and sentencing records associated with a criminal conviction from public view. 

Contact Dave Smith, Scottsdale criminal defense attorney, for a consultation. 

CLICK HERE FOR MORE INFORMATION ON SEALING CRIMINAL RECORDS