Keys and a glass of alcohol, representing a DUI

Eliminating Your DUI Record in Arizona

Can I set-aside my DUI conviction in Arizona?

Having a criminal DUI record can greatly impact your college admissions, job prospects, scholarship eligibility, voting rights, and ability to carry a firearm. It is easy to feel as though your DUI conviction will forever exist as a stain on your record. However, those who have been convicted of a DUI in Arizona may have the option to set-aside their conviction. A set-aside differs from expungement and will not completely erase the record, but could come with several significant benefits. Our Phoenix, Arizona criminal defense lawyers explain the process of a set-aside and why you might want to seek to erase your DUI or criminal record below.

The Set-Aside Explained 

Most states offer criminal defendants the opportunity to expunge certain qualifying criminal records. Arizona, however, allows for expungements in very narrow circumstances. In Arizona, only juveniles who commit a crime can have it expunged. Instead, for adults, the state offers the possibility of a set-aside.

Set-asides vary from expungements in more than just the name. A set-aside does not entirely erase the conviction from your criminal record, unlike an expungement. With a set-aside, your DUI conviction will remain on your record, but your judgment of guilt will be vacated. In doing so, you will once again be granted the right to possess a firearm, vote, and hold public office. When you apply for a position, you will generally be able to state that you are not currently convicted of a crime. This can expand your employment options. 

Set-asides are available for many crimes per Arizona law, including DUIs. To receive a set-aside, you will need to apply in criminal court. The court will consider the duration since your conviction, the severity of the offense, successful completion of the sentence, and the defendant’s behavior since conviction. To receive a set-aside, you will need to be sure that you have paid all DUI related fines and fees, as well as probation terms and other court obligations.  

To achieve a set-aside, you will need to consult with a Phoenix criminal defense lawyer. Your attorney will help you to prepare your motion to set aside the conviction. With your conviction set-aside, you can move on with your life. You can enjoy bright employment and college prospects once again. Contact a DUI lawyer to get started with setting aside your conviction.  

Posted in DUI