A person convicted of a misdemeanor DUI has several post-convictions right which may mitigate the harshness of the sentence. These rights are separate from an appeal which is governed by other court rules. Several of the post-conviction rights are listed below.
- Right to Post-Conviction Relief
If you were convicted for a criminal offense and you believe a serious error was committed in your case you must file for post-conviction relief under Rule 33 in the trial court within 90 days of sentencing. An example of a serious error is the offense did not occur within the jurisdiction of the court. If you do not file a timely Notice Requesting Post-Conviction Relief, you will most likely never have another opportunity to make this request.
- Application to Set Aside Judgment of Guilt
Upon fulfillment of the conditions of your probation or all terms of the sentence and discharge by the court, you may apply to the Trial Court to have the judgment of guilt set aside. Whether to set aside a conviction is within the discretion of the judge. If the court grants your Application, the court will set aside the judgment of guilt and order that you be released from all penalties and disabilities resulting from the conviction except those imposed by the department of transportation or the game and fish commission. The granting of an Application to Set Aside does not remove or expunge the conviction.
- Application for A Certificate of Second Chance
An Application for A Certificate of Second Chance (2nd Chance Certificate) helps individuals with certain criminal convictions in their efforts to obtain occupational licenses issued Under Arizona Revised Statutes Title 32, and to obtain housing (13 A.R.S. § 905(M)(3)). An Application for a 2nd Chance Certificate should be included in an Application to Set Aside the conviction, however it can be applied for separately from that Application. If an Application to Set Aside is granted for a misdemeanor conviction the order must include a 2nd Chance Certificate. If an Application to Set Aside has already been granted you can separately file an Application for a 2nd Chance Certificate.
- Petition to Have the Criminal Case Records Sealed
After the required waiting period, (at least 3 years for class 1 misdemeanors, such as DUIs) you may petition the court for an order to seal the case records agency of your arrest, conviction, and sentence.
The sealing of case records relates only to records under the control of criminal justice entities, including the courts, the Department of Public Safety, prosecutors’ offices, and law enforcement agencies. If a petition to seal criminal records is granted, the records will be removed from public access however it does not expunge or destroy the records.
Gordon Thompson
For more information about Arizona DUI and criminal law issues please contact Gordon Thompson who has used his experience to write a blog on topics of interest. You can also chat with Gordon about your specific questions.
Website: https://www.GordonThompsonAttorney.net
Blog: https://www.GordonThompsonAttorney.net/blog/
