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Aside from the immediate consequences associated with a DUI conviction, people often realize that it will also have long term negative consequences on their future. Specifically, a DUI arrest or conviction will appear on background checks completed by potential employers, licensing agencies, creditors, educational institutions, etc. Undoubtedly, this could affect employment opportunities, promotions, housing and your ability to travel outside of the country.
A DUI Conviction Can Remain on Your Record Forever
Unless certain steps are taken, a DUI conviction will permanently stay on your record. This will require you to admit a prior conviction when filling out applications for employment, licenses, credit or housing and will be noticed by companies which conduct a check of your criminal history. Additionally, a second DUI within seven years will expose you to much harsher penalties and could even result in a felony conviction and prison sentence.
Your DUI Arrest or Conviction Can Now be Sealed
Although Arizona does not provide for a true Expungement, which involves the complete erasure of any conviction, you can now have a DUI arrest or conviction Sealed. Once records related to your DUI arrest or conviction are Sealed, it is now longer accessible by the public. This means that you can deny ever having been arrested, charged with, or convicted of a DUI when filling out an application for employment, housing or a loan. The only entities which would have access to a Sealed DUI record are police agencies or prosecutor offices.
What are the Requirements to Seal a DUI?
To Seal a DUI conviction, you must file a formal Petition with the court in which you appeared. Records related to a DUI conviction are not sealed automatically. Before your conviction is eligible to be Sealed you must complete all of the terms of your sentence including:
- Payment of Fines
- Completion of Classes
- Jail
There is also a mandatory waiting period that must be satisfied before a Petition to Seal a DUI conviction can be filed. The mandatory waiting period is:
- 3 years following a Misdemeanor DUI conviction
- 5 years for a Class 6, Aggravated DUI conviction
- 5 years for a Class 4 Aggravated DUI conviction
If you were initially charged with a DUI and the case was subsequently dismissed, there is no waiting period to file a Petition to Seal Case Records.
Undoubtedly, a DUI conviction will result in very severe penalties and can have a long term impact upon your future. To lessen the negative consequences associated with a DUI arrest or conviction, you are well advised to consider having your case records sealed. Attorney Raymond Kimble is a former police officer, DUI and felony prosecutor and has represented thousands of people charged with DUI in Tempe, Mesa, Chandler, Gilbert, Scottsdale, Phoenix and other cities throughout Maricopa and Pinal Counties over the last twenty years. Ray Kimble can help you defend against a DUI charge and also assist in sealing your case records so that they are forever shielded from public access.
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