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Posted on April 27, 2020 in Firm News
How long does a DUI conviction stay on your record? Can you get this DUI conviction off? The short answer is it remains on your criminal record forever, and you can never get it off of your record. A DUI conviction is a criminal conviction in Arizona. A criminal conviction never goes away in Arizona. However, from a punishment perspective, a misdemeanor DUI lasts seven years.
If you get a second DUI, within seven years of your first DUI, it’s a second offense. If you get a third DUI, within seven years, it’s a third offense, which is a felony. Obviously, second and third offense DUIs bring significantly enhanced punishment. The seven-year dates are run from the date of the previous violation to the date of the repeated violation, not the date of conviction. The legislature picked the date of violation over the date of conviction to stop DUI defense attorneys using a defense strategy that is a workaround within the system. This defense strategy would be used to avoid a second or third offense DUI by just getting continuances in court dates to try to push the conviction date past the seven years. Unfortunately, for many of those convicted of a DUI in Arizona, the criminal record does last forever.
In 2023, a new set of DUI expungement laws will take effect in Arizona. Depending on your circumstances, it may be possible to have your drunk driving conviction, drug possession, or other criminal conviction set aside in the meantime. A set aside currently acts as the closest thing to an expungement in Arizona. A DUI conviction on your criminal record is one of the convictions that are eligible to be set aside. The bad news is that a set aside does not entirely remove it from your record. It merely sets aside the conviction on your record.
Thus, on your record it will state that you were convicted of a DUI. However, it will also state that it was set aside. Keep in mind setting aside a conviction does not preclude it from being a second or third DUI if it occurred within 7 years. The key is to hire skilled counsel and do whatever you can do to avoid the conviction in the first place. However, if you have already been convicted, hire an attorney to file a motion to set aside your conviction. Granted, it’s not a panacea, but it will look slightly better when someone looks up your record.
Your ability to set aside your DUI conviction will depend upon the specific circumstances of your case, your criminal history, as well as several other factors. The judge will make a decision while taking into account numerous variables and then issue a ruling. At the Rosenstein Law Group, we have had significant success in obtaining hundreds of set-asides for our clients. Our office prides itself on being on the front line on behalf of our clients. The team at Rosenstein Law Group has been the drafter of legislation sponsored by State legislators that seeks to reform criminal justice in Arizona. Our office has taken primary roles in hosting and discussing that legislation with Law Enforcement and Prosecuting Agencies across the State. We have single handily been responsible for legislation signed by the Governor and passed into law. We are actively trying to get expungement legislation passed into law. Speak with an attorney today to see if you are eligible to set aside your DUI conviction. Fill out a contact form online or contact us at 480-248-7666.