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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23192
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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In 2009, I had a misdemeanor DUI while visiting Arizona. I

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In 2009, I had a misdemeanor DUI while visiting Arizona. I was then and am now a Texas resident with Texas drivers licence. What effects can that have now for me in Texas? Can I legally state to car insurance companies in Texas that I have no DUIs? Can I legally state to potential employers that I have no DUIs? My driving record has been spotless before and after the incident.

I would love to tell you what you most want to hear, but unfortunately your Arizona misdemeanor would turn up on a background check unless your employer were only interested in your Texas offenses. That would be unusual. And the DUI will be on your driver's abstract as well.

Arizona and Texas both belong to an association called the Interstate Driver's compact. They have banned together -- I believe 45 of the 50 states are involved -- to hold drivers to a one driver/one license theory of accountability. What I mean by that is that if you get a DUI conviction in Arizona, Arizon's Interstate Compact Administrator will notify all other compact states of your offense. Additionally, the conviction goes into a national data bank so that other states in the nation will all uphold the suspension of a person's license, for example.

You cannot state legally that you have no DUIs. You could state that you have no Texas DUIs, but as both an insurance company and a prospective employer should be able to find your convictions anyway, it's probably better to be forthcoming.

I'm very sorry to be the bearer of bad news but unless you got your Arizona DUI expunged, you'll have to own up to it.
Customer: replied 3 years ago.

I believe that in Arizona, you can not "expunge" your DUI from the record, only something called "set aside the conviction". Do you know if that would make any difference for car insurance, police seeing the record, etc, in Texas?


You're correct. In Arizona, an expungement turns the case into a nullity, but adult convictions can only be set aside in your state.

Getting the set aside would allow the case to be dismissed and release you from the liabilities of your conviction EXCEPT that the conviction could be used as a conviction as if it never had been set aside if you were to get another dui. You're cleaning your criminal record but not the Department of Transportation's driving abstract which cannot be changed.
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Oops. There is a typo. Adult convictions in Arizona, can only be set aside, which is why I said you were correct. I don't want to cause any unintentional confusion.

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