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I need some strait answers from a lawyer in Arizona. I want

to know if there is...
I need some strait answers from a lawyer in Arizona. I want to know if there is anything I can do to clean up my driving record after a DUI conviction.
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Answered in 42 minutes by:
11/3/2010
Michael J, Esq.
Category: Criminal Law
Satisfied Customers: 3,472
Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
Verified

Michael J, Esq. :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.

Michael J, Esq. :

I am not an Arizona attorney, but I can Answer your question. Please reply with a yes if you would like me to assist you.

JACUSTOMER-kl1fepg9- :

yes

Michael J, Esq. :

Thanks.

JACUSTOMER-kl1fepg9- :

So is there anyway to get my driving record cleared?

Michael J, Esq. :

Unfortunately, Arizona does not have a DUI expungement law. DUI convictions will stay on your record indefinitely. Arizona does have a method to "set aside" judgements of a convicted person, but I believe it is too late for that, and I don't believe it applies to DUI convictions.

Michael J, Esq. :

Here is the "setting aside" statute:

Michael J, Esq. :

AZ statute regarding setting aside:

13-907. Setting aside judgment of convicted person on discharge; making of application; release from disabilities; exceptions

A. Except as provided in subsection B of this section, every person convicted of a criminal offense may, upon fulfillment of the conditions of probation or sentence and discharge by the court, apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge. The application to set aside the judgment may be made by the convicted person or by the convicted person's attorney or probation officer authorized in writing. If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction other than those imposed by the department of transportation pursuant to section 28-3304, 28-3306, 28-3307 or 28-3308, except that the conviction may be used as a conviction if such conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the department of transportation in enforcing the provisions of section 28-3304, 28-3306, 28-3307 or 28-3308 as if the judgment of guilt had not been set aside.

B. This section does not apply to a person convicted of a criminal offense:

1. Involving the infliction of serious physical injury.

2. Involving the use or exhibition of a deadly weapon or dangerous instrument.

3. In violation of chapter 14 of this title.

4. In which the victim is a minor under fifteen years of age.

5. 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. return to Top

JACUSTOMER-kl1fepg9- :

yea, but I don't care if my criminal record remains, only want my MVD driving record cleared. Is there another option to deal with the MVD?

Michael J, Esq. :

I understand. Unfortunately, the driving record of a DUI can't be cleared, based on the information I have seen. You have the right to fight the license suspension with the MVD, but that is obviously a moot point right now.

Michael J, Esq. :

I do suggest you consult a local DUI attorney to confirm my information.

Michael J, Esq. :

I honestly hope there is something I am missing that may help you.

JACUSTOMER-kl1fepg9- :

I don't think so, They were very carefull when writing the law to make sure it completely destroys a persons life for no less than 7 years. Thanks, XXXXX XXXXX I should contact a lawyer here.

Michael J, Esq. :

Is there anything else I can help you with?

JACUSTOMER-kl1fepg9- :

No, I guess not

Michael J, Esq. :

Thanks, XXXXX XXXXX I didn't have good news.

















Michael J, Esq.
Category: Criminal Law
Satisfied Customers: 3,472
Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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Michael J, Esq. and 87 other Criminal Law Specialists are ready to help you
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Michael J, Esq.
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 3,472
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Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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