Expungements and Set Asides: Mitigating the Potential Effects

December 01, 2012

Many of us probably understand that a drunk driving conviction carries with it penalties like fines, loss of a driver's license, community service or even jail time. But many people many not quite realize the indirect consequences that stem from a DUI conviction--both short term and long.

After completing all requisite requirements under the law, individuals typically wipe themselves clean of their DUI conviction. Citing poor judgment or human error, and realizing their mistake, many simply want to move on. However, they later realize their DUI conviction is still affecting their lives.

Indirect consequences of a DUI

Auto insurance is one example. Many with a DUI conviction on their record will likely find their car insurance rates skyrocket or their coverage even dropped.

Employment is another instance. Many employers today perform criminal background checks on job applicants. Individuals found with a drunk driving conviction, particularly those seeking to obtain a commercial driver's license, will likely be disqualified or rejected from the position despite having the skills and credentials needed for the job. Additionally, those applying for school or college admission will commonly face admission barriers.

Depending on the conviction, voting and gun possession rights are affected as well.

Fortunately, the laws in some parts of the country allow those with a DUI conviction to clear, or expunge, their record. DUI expungement means that individuals can petition the court to have their DUI record essentially wiped clean as if the conviction never occurred.

Arizona set aside

Every state, however, is different in how they label and apply expungements. In the state of Arizona, for instance, instead of an expungement, individuals can petition the court for a "set aside."

A set aside in Arizona allows people to cancel or revoke a prior judgment or court order. However, unlike an expungement that allows a person to erase his or her record, the original judgment in a set aside is still available. Unfortunately, in cases of employment, individuals still have to answer, "yes" when asked about a prior conviction. Applicants can, however, inform their employers that the conviction has been vacated or dismissed.

In seeking a set aside, courts will look at various factors such as the seriousness of the offense, whether the requirements of the sentence have been completed, or if the person has had additional incidents since the first conviction, among others.

Set asides, however, are not available for all convictions. Typically if a dangerous weapon was used in the crime, or if the crime involved sexual motivation or a victim under 15 years of age, courts will not allow a set aside in Arizona.

Consulting with a criminal defense attorney who can advise individuals of their options as they pertain to their specific circumstances is advised. Mitigating the potential indirect future repercussions that stem from a DUI conviction cannot be stressed enough.

Article provided by Thompson Law Firm
Visit us at www.eastvalleyduiattorney.com