Facing a charge for a Minor in Possession (MIP) or Minor in Consumption (MIC) of alcohol can be a scary and confusing experience, especially for young adults and their families. Many people assume these are minor infractions that will disappear from their record over time. The reality, however, is more complex. Understanding the lasting impact of such a charge is crucial for protecting your future.
So, how long does an MIP stay on your record? In Arizona, a conviction for an MIP or MIC remains on your criminal record indefinitely unless it is “set aside” by a court. This means that without legal action, the charge will appear on background checks for the rest of your life. While the initial penalties might seem manageable, the long-term consequences of a criminal record can have a profound impact on your educational and professional opportunities.
Defining MIP and MIC Under Arizona Law
Before we dive into the consequences, let’s clarify what these charges mean.
Minor in Possession (MIP)
In Arizona, a Minor in Possession (MIP) charge (A.R.S. § 4-244) is typically given to anyone under the age of 21 who is found with alcohol. This doesn’t necessarily mean they were drinking. Simply holding a beer or having an open bottle of liquor in your car can result in this charge. For more details on the statute, you can reference the official Arizona Revised Statutes.
Minor in Consumption (MIC)
A minor in consumption charge is straightforward. This offense applies when a person under 21 is found to have consumed alcohol. This is often determined by a breathalyzer or blood alcohol content (BAC) test, or by an officer’s observation of intoxication.
Both of these offenses are classified as misdemeanors in Arizona. While not as serious as a felony, a misdemeanor conviction is a criminal offense that can show up on background checks.
The Immediate and Long-Term Consequences
A conviction for an MIP or MIC in Flagstaff is not just a slap on the wrist. The immediate penalties can include:
- Fines and court fees.
- Mandatory community service hours.
- Suspension of your driver’s license.
- Required participation in alcohol or substance abuse education programs.
However, the most significant impact often comes much later. The long-term consequences of a criminal record for an MIP/MIC can affect major life decisions, including:
- Employment: Many employers, especially those in government, healthcare, or finance, run criminal background checks, and a conviction can make you a less desirable candidate, even for entry-level positions.
- Higher education: While a misdemeanor may not prevent acceptance into a university, it can negatively impact applications for scholarships, certain academic programs, and on-campus housing.
- Military Service: A criminal record can complicate or even prevent enlistment in the armed forces.
- Professional Licenses: Aspiring professionals in fields such as law, medicine, and education may be required to disclose a conviction on their licensing applications.
The Path to Clearing Your Record: Setting Aside a Conviction
Fortunately, Arizona has a legal process that can mitigate the impact of a criminal record. Instead of expungement, which completely erases a record (a rare process in Arizona), the state allows a conviction to be “set aside.”
What does it mean to have a conviction “set aside?”
When a conviction is set aside, the court reopens the case and modifies the judgment to show that the individual has completed all terms of their sentence. The record is amended to state that the conviction has been set aside, but it is not erased. This can be a huge benefit when it comes to background checks, because it shows you have fulfilled all legal obligations and the case has been closed. You can learn more about this process and the requirements on the Arizona Courts website.
Eligibility and the Process
To be eligible to have a conviction set aside, you must have completed all the terms of your sentence. This includes:
- Serving any jail time or probation.
- Paying all fines and fees.
- Completing all court-ordered classes or community service.
The process involves filing a petition with the court, which a judge will then review. While this may seem like a simple formality, it is a legal process with specific requirements that must be met. This is where the help of an experienced attorney becomes invaluable.
What Are Petitions to Seal in Arizona?
A petition to seal a criminal record is a request to an Arizona court to hide certain criminal records from public view. Sealing, unlike setting aside a conviction, means that your record is not visible through the public record, which means that it will not show up on employment, housing, or education background checks. You still have a record, and law enforcement, courts and some state agencies can still see it, but no one else will be able to see it, unless you have to disclose it.
For MIP and MIC cases in Arizona, this important step can help with your future. If the request to seal is granted the charge will not show up for anyone running a standard background check on you. This will help you tremendously when you are looking for jobs, renting, or applying to colleges. Please remember, a charge does not automatically get sealed. You need to file a petition with the court and conform to strict eligibility requirements including that you wait a certain number of years after your sentence is completed to file. Upon a judicial decision favoring the sealing, the court will generate an order sealing the record that restricts public access.
Here’s how it works under Arizona law (A.R.S. § 13-911):
Who can file: A person arrested, charged, or convicted of a crime in Arizona can file if they meet waiting-period rules and have completed all terms of their sentence (if convicted).
Waiting periods: The time depends on the offense. For example:
- 10 years for class 2–3 felonies
- 5 years for class 4–6 felonies
- 3 years for misdemeanors
- 2 years if charges were dismissed or resulted in acquittal
The clock starts after completing probation, prison, or paying all fines.
What sealing does: If granted, the records become hidden from public records searches. Law enforcement and courts can still see them, but employers, landlords, and the public cannot.
Limits
- Some offenses like serious violent or sex crimes cannot be sealed.
- Sealed records can be reopened by court order if needed for future proceedings.
Legal effect
- Once sealed, a person may lawfully state they have not been arrested, charged, or convicted of that offense (with certain exceptions like applying to law enforcement jobs).
Why You Need a Legal Professional
Dealing with a criminal charge for an MIP or MIC and the subsequent process of setting it aside can be complicated. A Flagstaff criminal defense attorney can help you at every stage.
From the moment you are charged, a lawyer can advise you on your rights, challenge the evidence against you, and negotiate with prosecutors for a reduced charge or a diversion program that could keep the offense off your record entirely.
If a conviction is unavoidable, they can assist you in navigating the set-aside process. They can ensure your petition is filed correctly and on time, handle all court proceedings, and present your case in the most favorable light. An attorney’s expertise can mean the difference between a successful outcome and a lasting mark on your record.
If you or a loved one is facing an MIP or MIC charge in Northern Arizona, it’s crucial to seek legal guidance immediately. To understand your options and build a strong defense, contact our team for a free and confidential consultation.
Click here to see the consequences of getting an underage DUI in Arizona.