Arizona DUI Expungement: Can You Clear Your Record?

If you are accused of driving under the influence (DUI) in Arizona, you may face serious consequences. DUIs often result in a permanent criminal record, which may impair your ability to obtain employment opportunities and even housing. Luckily, an Arizona DUI expungement lawyer can help you clear your record and enjoy a fresh start in life.

Arizona DUI Expungement: Can You Clear Your Record?

Everyone makes mistakes. At The Kaiser Law Group, we are committed to helping our clients regain their freedom even if they have a DUI on their record. We combine aggressive litigation and superior listening skills to ensure we obtain positive results.

Arizona DUI Laws

A DUI in Arizona involves driving under the influence of alcohol, drugs, prescription medications, or any combination of these. This is why it is important to check labels on certain prescriptions, even cough syrup, as mixing with alcohol can increase drowsiness. Police officers will likely pull you over if they suspect a DUI and then administer a chemical test or a field sobriety test.

A blood alcohol concentration (BAC) test is the primary means used to determine if you are driving intoxicated, though improper calibration or medical conditions can sometimes affect results.. The legal BAC limit in Arizona, as in most states, is 0.08 or below. Extreme BAC levels are 0.15 and above, and super-extreme levels are 0.20 and above. Each has progressively harsher penalties.

Moreover, if you refuse a BAC test, you may automatically have your license revoked for 12 months or double that if it is your second time refusing a BAC test. Most DUIs are misdemeanors, and specific penalties are as follows:

• Serve 10 days or more in jail and pay $1,250 or more in fines for your first penalty.
• Serve 90 days or more in jail and pay $3,000 or more in fines for second and subsequent offenses.
• Serve 30 consecutive days in jail without probation for extreme DUIs, as well as $2,500 or more in fines if it is your first offense.
• Serve 120 days or more in jail and $3,250 in fines for repeat extreme DUI offenses.

Expungement vs. Setting Aside

Arizona law does not allow for traditional expungement of criminal convictions, including DUIs. However, two other forms of relief may be available to you once you’ve completed your sentence: setting aside a conviction and sealing a record.

When a conviction is set aside, the court has vacated the judgment and dismissed the charges. While the record remains publicly available, the set-aside can reduce the negative impact that a conviction usually has on employment and housing opportunities. This type of relief is often used for DUI convictions in Arizona. Those who have met all sentencing requirements can improve their ability to move forward with a conviction set aside.

Sealing a record may also be an option under A.R.S. §13-911 under certain circumstances. When a record is sealed, it is removed from public view. However, certain agencies, including law enforcement agencies, can still access the record after it’s been sealed. A standard, first-time DUI misdemeanor may qualify for sealing after a three-year waiting period if all other terms of your sentencing have been satisfied and you have incurred no additional convictions thereafter.

DUI Expungement: Clearing Your Record

Generally, a DUI appears on your permanent criminal record. Therefore, it is most beneficial to try to get your case dismissed before a conviction. However, if you are unable to get your case dismissed, you can petition to clear your record. Although you are unable to get your DUI completely cleared, you may be able to seal your records. This improves your chances of obtaining certain opportunities even if your record is not erased.

It is important to note, however, that certain requirements must be fulfilled before record sealing. For example, you must complete the terms of your sentencing and wait the necessary time period. The waiting periods for record sealing in Arizona are listed below pursuant to Arizona Revised Statute 13-911:

• Class 2 or 3 felony: 10 years
• Class 4-6 felony: 5 years
• Class 1 misdemeanor: 3 years
• Class 2-3 misdemeanor: 2 years

With the exception of aggravated DUIs, most DUIs are class 1 misdemeanors. This means you may have to wait 3 years to file a petition to get your record sealed.

FAQs About Arizona DUI Expungement Law

Can You Get a DUI Removed From Your Record in Arizona?

In Arizona, criminal records may not be completely erased, but they can be removed from public view. This means your DUI may not appear on background checks or other public records, but law enforcement agencies are still able to see your record. While this may not be ideal for some people, it still allows those convicted to obtain job and housing opportunities that they may not receive with a criminal record.

What Is the New Expungement Law in Arizona?

The new expungement law in Arizona is Prop 207, which applies to marijuana convictions. Prop 207 allows for the expungement of low-level marijuana charges as part of the initiative to legalize marijuana. If a person is convicted of consuming, possessing, or transporting certain amounts of marijuana, they can petition to have their records expunged at no cost.

Does a DUI Go Away After 7 Years?

No, a DUI does not go away after 7 years in Arizona. A DUI remains on your record permanently unless you petition to get it set aside or sealed, or hire a lawyer to help you. However, if you get another DUI within 7 years of your first offense, it is considered a repeat offense, which comes with harsher penalties.

Is Set Aside the Same as Record Sealing?

No, set aside is not the same as record sealing. If your record is set aside, the conviction is still on your record; however, it may not show up on certain background checks, or it may show as dismissed. Record sealing, on the other hand, means your record is erased from public view as if it never occurred, though certain legal agencies may be able to access it.

Contact Experienced DUI Lawyers Today

If you are arrested or charged with driving under the influence (DUI) in Arizona, you may be met with hefty consequences. This may include jail time, fines, probation, and being required to install an interlock ignition device. A DUI also shows up on your permanent criminal record, which may mean limited access to employment, housing, or educational opportunities.

At The Kaiser Law Group, we are equipped to handle your DUI case and help you get your record expunged. We believe that everyone deserves a second chance at freedom, even if they made a mistake. If you served your time and are ready to move forward with your life, contact us today to learn how we can assist you.