Will a DUI Stay on my Record?

Following a DUI arrest, you may concerned about your future – wondering how a DUI charge may affect future jobs. Unfortunately, in Arizona, you cannot expunge a criminal conviction. That means once you have a conviction, it will always stay on your record. This is why it is important to try to avoid a conviction, if at all possible. If you are facing DUI charges, consult with a lawyer to find your best options.  

How DUI conviction may affect you varies greatly from profession to profession. If you work in an industry that requires a professional license (nurse, teacher, truck driver, caregiver, etc.), there is a greater chance that a DUI may impact your employment. If you are not in one of these professions, it is likely a DUI would not prohibit you from getting a job, under the law. However, an employer could choose not to hire someone on the basis of a criminal conviction, even if the DUI would not otherwise stop the applicant from working that job.

If you have been convicted for a DUI, there is still hope. You may be eligible for a “set aside”. After you have completed your sentence, including serving all probation, paying your fines, and completing all classes, you can ask the court to set aside your conviction.

To set aside a conviction you must file a motion with the judge that sentenced you on the DUI conviction. If the judge grants the motion, it will change how the conviction appears on a background check. While the conviction will still be present, it will show that a judge set the judgment of guilt aside. If you are asked on an application if you have ever been conviction of a crime, you still must answer yes, but you will be able to add that the judge set aside the conviction.

Be careful though: a set aside does not protect you against a second DUI or future criminal charges. If you were to get arrest for a second DUI within seven years of the first DUI, it will still be treated as a second offense. The mandatory minimum penalties for a second offense would still apply, despite the prior set aside from the judge. 

If you are facing a DUI charge, or want to get a prior DUI charge set aside, contact us now to schedule a free consultation.