Can You Get a DUI Expunged?

by Andrew Mounier on June 15, 2013

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DUI Troubles

If you’re convicted of a DUI, you might find yourself in a situation where it greatly affects your chances of being able to get jobs and in other areas of your life. A lawyer can help you if you are charged with drunken driving, but if you are convicted, the consequences of that conviction may follow you long after the incident. Depending on what State you live in expungement might be an option to help clean up your record. Unfortunately, not all states in the US allow for expungement. In Arizona there is no legal process available to fully remove this type of conviction.


What Can You Do?

If you live in Arizona all hope is not lost. There is a loophole that can help reduce the visibility of your conviction, although it will not be totally removed. It is called having the conviction set aside. If a judge approves this – you have to apply to a court to have this done – the conviction will still remain on your permanent record. The benefit is that when an employer or somebody else does a quick background check on you, the DUI conviction is not likely to come up. Depending on the job you apply for this could give you a slight advantage. Of course, if you are directly asked if you have received a DUI during a job interview or in a job application you must tell the truth. Falsifying information on an application can lead to immediate termination or lawsuit. If the employer does a detailed background check, however, that conviction will still show up on your record.


This may seem like cold comfort, but it is better than having the conviction on your record for everyone to see. A lawyer can help you with the process of applying to have this taken care of, but there really isn’t any guarantee that a judge is going to go ahead and approve it. This is particularly the case if you have multiple convictions for DUI offenses.


In order to qualify to have your conviction set aside, you have to have fulfilled all of the terms of your sentence as a result of the DUI. You will also need to provide paperwork that demonstrates that you have satisfied all those conditions.


If you were sent to jail, you have to wait two years before you can ask to have the charge set aside. Within those two years, you must not have been convicted of any other drunk driving related offense.


The final step in petitioning to have a DUI conviction set aside is to submit an application in writing. You will be given a hearing date, but you don’t need to show up for the hearing itself. The judge will make a decision as to whether or not your conviction will be set aside and, if they do, your record will be changed to reflect that.

Andrew Mounier
Andrew Mounier is a Content Engineer and Author. He has worked in marketing for over a decade and finds his passion in bringing concepts to life for the world to enjoy. He is also an avid legal blogger and currently working on a book with his wife about social entrepreneurship. He is a true Socialpreneur and finds that his goal in life is to be an agent for positive social change through both his writing and business endeavors.
Andrew Mounier
Andrew Mounier

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