Setting the Record Straight: Expungement, Set Aside, Sealing, and Your Arizona DUI
If a past mistake led to a Driving Under the Influence (DUI) conviction in Arizona, you know the devastating long-term effects. A DUI can feel like a permanent anchor, preventing you from getting the job you want, securing desirable housing, or simply moving forward with your life.
The confusion over clearing that record is immense. People often ask, “Can I get my DUI expunged in Arizona?” The short answer used to be a firm “no” because expungements are not for DUI cases but thankfully there is now Sealing Records which is almost exactly like an expungement.
Arizona’s approach to criminal record relief is unique, employing three distinct legal concepts: Expungement, Set Aside, and the newly available Sealing Record. For DUI convictions, two of these options are now accessible and potentially life-changing.
Our law firm in Arizona is here to cut through the confusion and explain exactly what you can, and cannot, do to clear your Arizona DUI record using the law as it stands today, including the changes brought by A.R.S. § 13-911. Understanding the difference between a Set Aside and Sealing is the crucial first step on your path to a fresh start.
What Is the Difference Between Arizona’s Set Aside, Sealing, and Expungement Laws?
Arizona does not offer traditional expungement for DUI convictions. This is the single most important legal distinction to understand. The word “expungement” typically means the complete destruction or erasure of a criminal record, making it inaccessible even to law enforcement.
In Arizona, true expungement is narrowly restricted:
- Expungement: Only available for specific, low-level marijuana offenses under Proposition 207 (A.R.S. § 36-2862). A DUI, regardless of severity or if marijuana was in your system, does not qualify for expungement.
Instead of expungement, Arizona relies on two forms of post-conviction relief:
Set Aside (A.R.S. § 13-905)
The Set Aside process is Arizona’s long-standing post-conviction relief. It vacates the judgment of guilt and dismisses the charging document.
- Public Record: The record remains visible to the public.
- Benefit: Shows you fulfilled your sentence and were released from all penalties and disabilities associated with the conviction. Online records says “Set Aside” instead of “Guilty”. Legally helpful for federal law and traveling to foreign countries. Restores firearm rights.
- Eligibility: Available upon completion of sentence. No waiting period.
Sealing Records (A.R.S. § 13-911)
Sealing Records is Arizona’s strongest option for a DUI case.
- Public Record: The record is sealed from public view.
- Legal Benefit: You can legally state you have not been convicted of the crime on most applications.
- Eligibility: Available after a statutory waiting period, depending on offense class.
- Access: Law enforcement and licensing boards may still access sealed records.
What are the Specific Eligibility Requirements and Waiting Periods for Sealing an Arizona DUI?
1. Sentence Completion
You must complete:
- Jail or home detention
- Probation
- All fines and restitution
- Required counseling classes or treatment
2. Mandatory Waiting Periods
- Class 1 Misdemeanor DUI: 3 years
- Class 4, 5, or 6 Felony DUI: 5 years
Why the Set Aside Option is Still Important
- No waiting period: You can file as soon as your sentence is complete.
- Interim benefit: Provides a public dismissal while waiting to become eligible for sealing. Legally helpful for federal law and traveling to foreign countries. Restores firearm rights.
- Certificate of Second Chance: Often included, offering employer liability protection.
Can I Truly Hide My DUI Conviction from Background Checks Using Arizona’s Sealing Record Law?
Yes. Sealing a DUI under A.R.S. § 13-911 hides it from most public background checks.
Benefits:
- Employers, landlords, and schools generally won’t see it
- You can legally say you weren’t convicted
- Case disappears from public docket systems
Limitations:
- Still visible to police, courts, and some licensing agencies
- Does not impact your MVD record
- Does not restore firearm rights (separate petition required)
Are There Any DUI Convictions or Circumstances That Permanently Disqualify Me from Seeking Relief?
Yes. You may be ineligible if:
- Your DUI involved serious injury or death
- A dangerous instrument or weapon was involved
- A child under 15 was a victim
- You have pending charges or unpaid fines
What are the Steps Required to Successfully Petition the Arizona Court to Clear My DUI Record?
Phase I: Pre-Filing
- Confirm eligibility and get legal advice
- Gather proof of sentence completion
- Collect certified court records
- Prepare evidence of rehabilitation (letters, sobriety proof, education, employment, etc.)
Phase II: Filing
- Use state-mandated forms (AOCCRSL1F and AOCCRSL2F)
- File in the correct court
- Serve the prosecutor
- No filing fee required
Phase III: Judicial Review
- Prosecutor may respond or object
- Judge may rule on petition or require a hearing
- If granted, the order is sent to agencies including DPS to update and seal records
Conclusion
Yes, you can seal your Arizona DUI record under A.R.S. § 13-911. While expungement remains off-limits for DUI cases, sealing offers true privacy and legal benefits, and Set Aside offers immediate public mitigation.
Both tools can dramatically change your access to housing, employment, and opportunities. With the right planning and filing strategy, a fresh start is finally within reach.
Zachary Divelbiss, Lawyer
Future First Criminal Law
Future First Criminal Law
