How Long is a DUI on Your Record in Arizona?<\/h2>\n
When a person receives a DUI charge in Arizona, it remains on his or her criminal record permanently. However, individuals can request to have their conviction sealed, which updates court records to show that the DUI charge was dismissed after fulfilling all penalties.<\/p>\n
There is a mandatory waiting period for individuals looking to seal their criminal record in Arizona. A person convicted of an eligible offense may petition to seal records after:<\/p>\n
- \n
- 10 years<\/b> for a Class 2 or 3 felony offense<\/li>\n
- 5 years<\/b> for a Class 4, 5, or 6 felony offense<\/li>\n
- 3 years<\/b> for a Class 1 misdemeanor offense<\/li>\n
- 2 years<\/b> for a Class 2 or 3 misdemeanor offense<\/li>\n<\/ul>\n
For those with a subsequent felony offense, an additional five years<\/b> must pass before filing a follow-up petition.<\/p>\n
How Can I Get a DUI Off My Record?<\/h2>\n
As mentioned above, criminal record expungement is not available for DUI convictions in the state of Arizona. That\u2019s the bad news. The good news, though, is that while you can\u2019t technically have your DUI conviction expunged, you may be able to have your conviction sealed. While a sealed record does not erase the DUI from your record entirely, it can improve your chances with job opportunities, housing applications, and other background checks by sealing it from public view. Below are some eligibility requirements for getting your Arizona DUI record expunged \/ sealed.<\/p>\n
A person may file a petition to seal case records related to a criminal offense if:<\/p>\n
- \n
- They were convicted and have completed all sentencing requirements, including fines and restitution.<\/li>\n
- They were charged, but the charges were dismissed or resulted in a not guilty verdict.<\/li>\n
- They were arrested, but no charges were filed.<\/li>\n<\/ul>\n
![\"What](\"\/wp-content\/uploads\/2020\/02\/What-States-Can-You-Get-a-DUI-Expunged.jpg\")
<\/h2>\nWhat Does DUI Expungement Mean?<\/h2>\n
The process for DUI expungement is different for every state. In Arizona, we call the process sealing a conviction rather than expunging a conviction.<\/p>\n
If the court grants the petition, it will:<\/p>\n
- \n
- Issue an order sealing the records and notify DPS and the prosecutor.<\/li>\n
- Restrict access to the records, making them unavailable to the general public.<\/li>\n
- Allow the person to legally deny the arrest, charge, or conviction in most situations (e.g., job, housing, or loan applications).<\/li>\n<\/ul>\n
However, it\u2019s important to note that sealed records can still be accessed by:<\/p>\n
- \n
- Law enforcement agencies<\/li>\n
- Prosecuting attorneys<\/li>\n
- Courts and probation departments<\/li>\n
- The Department of Child Safety and other child welfare agencies<\/li>\n
- Correctional facilities<\/li>\n<\/ul>\n
After a DUI expungement, for all intents and purposes, you can truthfully report that your record is clean.<\/p>\n
What States Can You Get a DUI Expunged?<\/h2>\n
The ability to obtain DUI record expungement varies by state, as each has different laws regarding whether a DUI conviction can be erased or modified. Some states allow individuals to have their record sealed, meaning the criminal offense is no longer accessible to the public, while others only permit a set-aside or pardon.<\/p>\n
States that allow DUI record expungement, set asides, or a sealed record include:<\/p>\n
- \n
- Arizona (sealed record)<\/li>\n
- Arkansas (first-time misdemeanors only)<\/li>\n
- California<\/li>\n
- Connecticut<\/li>\n
- Indiana<\/li>\n
- Kansas (first conviction five years after completed sentence)<\/li>\n
- Kentucky (10 years after misdemeanor conviction)<\/li>\n
- Louisiana<\/li>\n
- Michigan (first-time offenses)<\/li>\n
- Minnesota<\/li>\n
- Mississippi (first-time convictions with BAC below 0.16%)<\/li>\n
- Missouri (first offense only after 10 years)<\/li>\n
- Montana (only once)<\/li>\n
- Nebraska (DUI set aside only)<\/li>\n
- Nevada (record sealing after seven years)<\/li>\n
- New Hampshire (10 years after conviction)<\/li>\n
- North Dakota (only once in seven years)<\/li>\n
- Oklahoma<\/li>\n
- Pennsylvania (under certain circumstances)<\/li>\n
- Rhode Island (first-time offenses only)<\/li>\n
- South Dakota (10 years after completed sentence)<\/li>\n
- Texas (first-time offenses with BAC below 0.16%)<\/li>\n
- Utah (10 years after completed sentence)<\/li>\n
- Vermont (first-time offenses 10 years after completed sentence)<\/li>\n
- Wisconsin (under certain circumstances)<\/li>\n
- Wyoming (five years after completed sentence)<\/li>\n<\/ul>\n
In most of these states, the eligibility for expungement often depends on factors such as the severity of the offense, the time since being convicted, and whether all court-ordered penalties have been fulfilled. This typically includes the completion of a jail sentence, probation period, ignition interlock device requirements, alcohol screening, and any required fines or treatment programs.<\/p>\n
![\"How](\"\/wp-content\/uploads\/2020\/02\/How-Can-I-Get-a-DUI-Off-My-Record.jpg\")
<\/h3>\nTwo Types of DUI Records in Arizona<\/h3>\n
Before we get into the process of having your DUI expunged in Arizona (or sealed, rather), there are a few things you need to know. The first thing you need to know is that when you get a DUI in Arizona, the conviction results in two records. These records are distinct and separate from each other and have different repercussions and consequences.<\/p>\n
The Motor Vehicle Department<\/h4>\n
The first record is with the Motor Vehicle Department (MVD). Insurance companies use this record to determine rates for your insurance. The MVD also keeps track of DUI convictions and other infractions with a points system (too many points may result in the loss of your license). A DUI conviction will garner 8 points on your record.<\/p>\n
You cannot get a DUI conviction set aside or expunged from your record at the MVD. However, the only negative effects this record will have are on your insurance premiums and your driver\u2019s license if you receive additional infractions. This will remain on your record at the MVD for five years and then will automatically drop off.<\/p>\n
Criminal Justice Record<\/h4>\n
This is what you\u2019ll normally think of as a criminal record. They hold and report this in multiple places, including the court system and the Department of Public Safety (DPS). The DPS shares information with the FBI.<\/p>\n
This record is available to the public. It\u2019s also there for life. This is the record that has such negative consequences for your future, meaning it can affect your ability to get a job, an apartment, or a scholarship. Not to mention the damage your reputation will take when anyone with a smartphone can pull this record up.<\/p>\n
Record Sealing Pursuant to ARS \u00a7 13-911<\/h2>\n
The laws regarding record sealing can be found under Arizona Revised Statutes \u00a7 13-911<\/a>. Here are some key takeaways to remember in regard to DUI record sealing.<\/h4>\n
Even if a record is sealed, it can still be used for certain legal purposes, such as:<\/p>\n
- \n
- Being alleged as an element of a new offense<\/li>\n
- Enhancing a sentence for a subsequent conviction<\/li>\n
- Being used in impeachment during future trials<\/li>\n
- Being treated as a prior felony conviction in some cases<\/li>\n<\/ul>\n
A petition to seal records must be filed in:<\/p>\n
- \n
- The court where the conviction occurred<\/li>\n
- The court where charges were filed and later dismissed<\/li>\n
- The court where the initial appearance took place if charges were not filed<\/li>\n
- The Arizona Superior Court in the county where the arrest occurred, if there was no initial appearance<\/li>\n<\/ul>\n
![\"Will](\"\/wp-content\/uploads\/2020\/02\/Will-Expunged-DUI-Show-Up-on-Background-Check.jpg\")
<\/h2>\nWhat Factors Do Arizona Courts Consider During a DUI Expungement?<\/h2>\n
When you request to have your criminal record sealed in Arizona, the court will evaluate several factors before making a decision. These are:<\/p>\n
- \n
- The severity of the DUI offense<\/li>\n
- The defendant\u2019s behavior since the criminal conviction<\/li>\n
- Whether the applicant fulfilled all terms of their sentence<\/li>\n
- The amount of time that has passed since the conviction<\/li>\n
- Whether the applicant has a prior felony conviction<\/li>\n
- Whether the applicant has committed a subsequent felony<\/li>\n<\/ul>\n
A court will only seal your conviction after considering all these relevant factors. If the court grants you a set-aside, it will consider your application granted. It is important to note that those seeking to seal their convictions will need to pay multiple fees and fines. They will also need to be sure they meet all obligations the court sets before them.<\/p>\n
Will Expunged DUI Show Up on Background Check?<\/h2>\n
If a DUI case has been expunged or set aside, it may still appear on basic background checks depending on the state\u2019s laws and the type of background check conducted. In some states,\u00a0 including Arizona, an expunged or set-aside DUI will no longer be visible to the public or potential employers, but law enforcement agencies and certain government entities may still access the record.<\/p>\n
If you’re unsure how a past DUI may affect your future opportunities, consulting a legal professional can help clarify your options.<\/p>\n
Limitations of Arizona DUI Expungement<\/h3>\n
All forms of expungement have limitations. There is no way to completely erase your conviction, and an expungement doesn\u2019t free you from all the consequences of the conviction. We already mentioned the fact that only the Arizona court can seal your conviction. The MVD will not set aside your DUI. There are a few other limitations to DUI expungement, including:<\/b><\/p>\n
- \n
- Subsequent DUI Convictions: <\/b>The penalties for a DUI relate to how many DUI prior convictions you have. In other words, the penalties for a first-time DUI offense<\/a> aren\u2019t as serious as second or third offenses. Even if you expunge one DUI conviction, if you get another, that expunged conviction still counts as a prior. So even if an Arizona court has sealed two of your DUI convictions, if you get another DUI, it counts as a third offense.<\/li>\n<\/ul>\n
- \n
- Government Jobs, Professionals, and Sensitive Occupations<\/b>: Certain employers can access expunged records. For example, if you apply for a job with the state or federal government, they can see your prior convictions. Even if a court has set aside or expunged the conviction, government employers will have access. This is also true for jobs where you will be working with children. Professional licensing boards for legal and medical professions will also have access to expunged records.<\/li>\n<\/ul>\n
![\"Arizona](\"\/wp-content\/uploads\/2020\/02\/Arizona-DUI-Expungement.jpg\")
<\/h2>\nHow Much is it to Get a DUI Expunged?<\/h2>\n
The cost of criminal record expungement for a DUI case varies depending on the state, court fees, and whether you hire a knowledgeable attorney to assist with the expungement process. In states where DUI expungement is allowed, filing fees typically range from $100 to $400, but legal fees can add significantly to the total cost. If you hire an attorney to handle your expungement process, legal fees may range from $1,000 to $3,500 or more, depending on the complexity of your case.<\/p>\n
If you are considering DUI expungement in Arizona, consulting a Phoenix DUI attorney<\/a> like those at Belen Law Firm<\/a> can help you better understand the costs and eligibility requirements.<\/p>\n
Contact the Belen Law Firm for DUI Expungement in Arizona<\/h2>\n
Getting a criminal conviction sealed isn\u2019t always easy, and the legal process can be complex and overwhelming. This is especially true for serious offenses like Extreme DUIs<\/a> or Super Extreme DUIs in Arizona<\/a>, which may have additional legal hurdles. To improve your chances of becoming eligible for a clean record, it\u2019s always best to have an experienced attorney guiding you through the process.<\/p>\n
If you\u2019re curious about how to get an expungement in Arizona and want to explore your legal options, call the experienced Phoenix expungement lawyers<\/a> at Belen Law Firm at 602-715-0908<\/a> or reach out online<\/a> to set up a free consultation today.<\/p>\n
- Government Jobs, Professionals, and Sensitive Occupations<\/b>: Certain employers can access expunged records. For example, if you apply for a job with the state or federal government, they can see your prior convictions. Even if a court has set aside or expunged the conviction, government employers will have access. This is also true for jobs where you will be working with children. Professional licensing boards for legal and medical professions will also have access to expunged records.<\/li>\n<\/ul>\n
- Subsequent DUI Convictions: <\/b>The penalties for a DUI relate to how many DUI prior convictions you have. In other words, the penalties for a first-time DUI offense<\/a> aren\u2019t as serious as second or third offenses. Even if you expunge one DUI conviction, if you get another, that expunged conviction still counts as a prior. So even if an Arizona court has sealed two of your DUI convictions, if you get another DUI, it counts as a third offense.<\/li>\n<\/ul>\n
- 5 years<\/b> for a Class 4, 5, or 6 felony offense<\/li>\n