questions & answers

Question: If I am convicted with a DUI, someone told me I could get my records sealed after 2 years if I hire an attorney. If someone does a background check how long will this conviction remain on my record and if I am able to get it sealed could comone still find this conviction? Thanks for your help

Answer:

Under Arizona law, driving under the influence can result in misdemeanor and felony charges. (A.R.S. § 28-1381, A.R.S. § 28-1382, A.R.S. § 28-1383)

Arizona does not have expungement laws but rather uses set aside judgment procedure. (A.R.S. § 13-907). According to A.R.S. § 13-907 (D)(6), the section does not apply to those, "In violation of section 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, except a violation of section 28-693 or any local ordinance relating to the same subject matter as section 28-693."

You may want to review the article on this website titled, “Setting Aside Convictions and Restoring Civil Rights.”

This answer provides general information. To get advice on how the laws apply to your specific situation, you may want to contact an attorney.