Asked in DUI / DWI for Arizona

Q: Once I have completed my conviction for a DUI, can I get the conviction set aside?

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1 Lawyer Answer
Andrea Short
Andrea Short
  • DUI & DWI Lawyer
  • Phoenix, AZ

A: Yes! Once you have completed ALL requirements for your DUI conviction, then you can apply for a Set Aside. All requirements means you have completed the jail, counseling, IID (if ordered in an extreme DUI), FINES, and anything else ordered by the judge. Usually most people are on a payment plan for the fines at the time they apply for a Set Aside. If the fines are not completely paid off, then the application will be denied. Remember, this is an application process and is not automatic. There are some requirements about whether you have applied for prior Set Asides and some other disqualifying reasons that a judge will not approve a Set Aside. In a perfect world, the day after everything is complete you can submit the application and the judge will approve it. If the judge doesn't approve it, the typical reason is likely that not enough time has passed from the date of conviction in order to show rehabilitation. We don't agree that this is a good reason for the judge to deny an application and have a way of handling them if that happens. You can do this application yourself if you really want. I recommend that you hire a lawyer to complete it for you so you know it is being submitted properly and accurately so you don't have the headache of whether you did it right or not. We can also monitor the status of the application for you as the process can sometimes take a few months. At the end of the day, when the Set Aside is granted it will be worth it!

Zachary Divelbiss agrees with this answer

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