AZ DUI Set Aside FAQsmichael2021-05-22T02:38:05+00:00
ARIZONA SET ASIDE DUI FAQS
ARIZONA DUI ATTORNEY
In Arizona, the are set asides but not expungements. Therefore, the closest process to expungement is ARS 13-905. This deals with setting aside a conviction. Additionally, under ARS 13-905, not all convictions are eligible for a set aside. There are exceptions. After you have completed your sentence, you may file an application with a judge to have your conviction set aside. It is recommended that you have an experienced Arizona attorney assist you with your set aside to assure that it is done correctly.
Expungement is the legal term for having a conviction set aside from when you were a minor. When a DUI and other charges are expunged, you can say you have never been convicted of a crime on future applications.
Expungement is the process for those who were minors when convicted, and a set aside is used if you were an adult at the time. A conviction won’t be on a criminal record at all after an expungement, but a conviction that is set aside will still appear but show it has been set aside.
If you have a misdemeanor DUI conviction, setting aside the conviction can help you when applying for employment, housing, occupational licenses, and more. Setting aside a felony DUI conviction will restore your right to vote, serve on a jury, and run for public office. However, you will need to separately petition the court to restore your right to own a firearm.
The courthouse in the jurisdiction in which you were convicted will likely have self-help forms to apply for a set-aside. There may be separate forms for each type of offense. You can either complete your application and file your motion yourself, or hire an attorney to do it for you.
Once you have completed these steps, the court will look at a number of factors in deciding whether or not to set aside your DUI conviction. Firstly, you will need to have completed all of the jail time, restitution, classes, etc. that you have been ordered as part of your conviction. The court will also look at other factors like previous convictions (DUI and otherwise), the driver’s age at the time of the crime, how much time it has been since the driver completed all of the court-ordered requirements, and circumstances involving the arrest and compliance of court orders.
Setting aside a DUI conviction can make many aspects of your life easier. You may experience difficulties with residential rental applications, finding employment, being approved for occupational licenses, and even be denied educational and volunteering opportunities because of your DUI conviction. Setting aside a conviction appears more favorably in background checks for all of the situations listed above.
Certain DUI charges are ineligible to be set aside in Arizona. A DUI received while driving on a revoked or suspended license is one of these, as well as felonies involving victims younger than 15. You will need to have completed all jail time, probation, and court-ordered tasks like driving classes and use of an interlock device. You also will need to have paid any applicable fines and restitution to victims to qualify for a set-aside.
You will not lose any of your civil rights if you are convicted of a misdemeanor, including misdemeanor DUI charges. You will, however, lose some civil rights after a felony conviction. After a felony DUI conviction, you will lose the right to vote, sit on a jury, run for public office, and own a firearm. Setting aside a felony conviction will restore the first of those three rights, but you will need to petition the court specifically to restore your right to own a firearm.
Anyone checking your record will see that you have a criminal conviction that has been set aside. If they choose to investigate further with a records check, this will show that your DUI conviction has been vacated and an order of dismissal has been entered.
Your chances of achieving your intended outcome in any legal matter are always improved by hiring an attorney. The court may approve or deny your motion without even holding a hearing, so you need to make sure your application is prepared correctly. If the matter does proceed to a hearing, an attorney will be able to articulate why your conviction should be set aside more persuasively, as well as help you prepare for the hearing to appear as favorably to the judge as possible.
Hiring an attorney to set aside your DUI conviction doesn’t need to break the bank. The experienced attorneys at Arizona Zero Down DUI offer competitive rates and free consultations for DUI matters. We even often have same-day appointments available, so call to schedule yours today.