The Behan Law Group, P.L.L.C.


1-877-MISS-DUI / 1-877-647-7384

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945 N. Stone Ave, Tucson, AZ 85705

Certificates of Second Chance: Arizona’s New Law Helps Citizens with Criminal Convictions Continue to Contribute

In 2021, Arizona added a new provision to the law which further helps break down some of the barriers faced by people with a prior conviction. A.R.S. § 13-905, known as the "set aside" statute, permits a Court to set aside the judgment of guilt in certain qualifying cases. While it is not the same thing as an expungement, a set aside often helps those with criminal convictions avoid penalties in the future. The new provision to that law now allows the Court to issue a "Certificate of Second Chance."

A Certificate of Second Chance allows a person whose conviction has been set aside to obtain benefits that they may not be able to obtain if they have a conviction. For example, some individuals who would qualify for an occupational license, such as architects, nurses, doctors, engineers, barbers, cosmetologists, accountants, real estate agents, and more, may not be able to get licensed if they have a particular conviction. A Certificate of Second Chance allows those citizens to qualify for the professional license and remain productive members of the community. Additionally, some housing opportunities are unavailable to individuals with particular convictions. A Certificate of Second Chance can open up those housing opportunities as well.

How DUI Impacts Student F1 Visa

What effect will a student DUI arrest or conviction have on a current F1 visa? Can the visaholder renew the F1 visa?

F1 student visas are nonimmigrant, temporary visas. To qualify for an F1 student visa, the applicant must be enrolled in an academic program at an approved school as a full-time student.1 The applicant must also be proficient in English, have sufficient funds to maintain himself during his studies, and have the present intent to return to his home country after finishing his studies.2

Once approved, the student is responsible for maintaining his status, including requirements of not engaging in criminal activity. One condition of a nonimmigrant’s admission and stay is obedience to all U.S. laws prohibiting crimes of violence and for which a sentence of more than one years’ imprisonment may be imposed.3

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