Arizona Record Expungement
How a Phoenix DUI Attorney Can Help
In many states, there is a process by which persons convicted of DUI can see to have the conviction removed from their record permanently. Unfortunately, Arizona has no such provision. However, there are steps that you and your attorney can take in order to have the conviction "set aside". Upon having a motion to expunge be granted, the DUI conviction will no longer appear on basic background checks conducted unless the check is especially detailed.
Even in the case of a detailed background check, the DUI conviction that has been expunged will show that the court dismissed the conviction. An expungement in Arizona, although not fully removed, allows for you to legally claim that you were never convicted for a crime. If you wish to take advantage to the benefits that an expungement can bring you, don't wait to align yourself with a Phoenix DUI lawyer from the Rosenstein Law Group today.
Getting Your DUI Conviction Expunged
There are several factors required in order to be granted a motion to expunge in Arizona. The first requirement is that the sentence of conviction be carried out fully. This means that you must first complete the conditions of the penalties from your sentence before being granted expungement including jail time served, probation, license suspension, fines paid and mandatory traffic school. You will need to provide documentation of this completion in court when applying for the expungement. For DUI convictions which required jail time served in a state or county jail, the individual must wait two years after discharge before petitioning for an expungement.
Once these requirements have been met, you and your attorney must file a form to the Arizona Superior Court. This form is to be accompanied by all relevant documentation concerning your conviction and the sentence carried out. You may ask your attorney to complete this form themselves. Doing so ensures that the form will be completed accurately and the requirements met in order to protect from any unwanted delays in granting the motion.
There are certain cases of DUI conviction which will not be granted expungement under any circumstance. These are usually cases of aggravated DUI,
repeated offense or DUI involving
manslaughter. An individual filing for expungement of a DUI conviction will not be considered for the motion if he or she has any additional criminal convictions placed on record between three months and six years from the date the DUI sentence was completed.
Setting Aside a DUI in Arizona
Although Arizona law does not allow for a conviction to be completely removed from record, the existing expungement provisions are extremely beneficial and should be sought by all who are eligible. In today's competitive work environment, getting hired is difficult enough for someone without having to admit to a criminal conviction. Protect yourself from future harm and burden by hiring a Phoenix DUI attorney to file a motion on your behalf to have your DUI conviction set aside.
While the requirements to apply seem straightforward, a successful expungement requires a degree of legal strategy that only an experienced DUI defense attorney can provide. The stakes are much too high to risk being denied the motion. Contact the Rosenstein Law Group to gather more information about how we can help you file for a motion to set aside your DUI conviction. You have paid your dues for the mistake you made; now you should be given the chance to move on with your life and we want to help you do that.
If you need a lawyer for an expungement case in Phoenix, Arizona, then don't wait to contact our office today.