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A DUI charge or conviction can affect your life long after the night of the arrest. Jail, fines, treatment, and license restrictions depend on the charge and outcome, while a public criminal record can raise separate concerns about work, housing, or future applications. A DUI conviction does not automatically produce the same license revocation in every case.
Arizona’s implied consent law also applies to operating a motor vehicle in the state; it is not simply an agreement made when applying for an Arizona license. That administrative process is separate from whether an old criminal record can later be sealed or a conviction set aside.
If you want to clear an Arizona DUI from your record, the first step is to identify the relief the law actually provides. Eligible DUI cases may qualify for record sealing, and eligible convictions may qualify to be set aside. Those remedies have different requirements and effects.
Arizona’s marijuana expungement statute, ARS 36-2862, covers specified marijuana offenses. It does not provide general expungement of DUI convictions. A DUI involving marijuana is not automatically eligible merely because marijuana was involved.
Call Rosenstein Law Group at (480) 248-7666 or contact us online for help identifying the right process. Bring the sentencing order, proof of completion, and information about the background check or application that prompted your concern.
An arrest, charge, or conviction can appear in court records or criminal history information, but access depends on the type of record and applicable law. A dismissal or acquittal should be reflected in the disposition; it does not automatically remove the arrest from every database.
Different organizations may obtain or ask about information through different channels:
This is not a list of entities automatically notified of every Arizona DUI. The relevant question is what information a particular organization can access and what you must disclose. If employment, immigration, or travel is the reason for seeking relief, identify that goal before filing.
A DUI does not automatically disappear after seven years. Arizona uses an 84-month period in specified repeat DUI provisions, but that sentencing calculation is different from the lifespan of a court record.
A later offense within the applicable period can carry increased penalties. The calculation uses the dates and rules in the relevant statute, rather than a simple promise that any conviction more than seven years later must be treated as a first offense. Other aggravating circumstances can still matter. See ARS 28-1381 and ARS 28-1383.
For record relief, eligibility, sentence completion, financial obligations, and an actual court order matter. Completing probation or waiting out a repeat-offense period is not a substitute for the required petition.
Arizona’s marijuana expungement provision covers specified conduct, including possession, consumption, or transport of no more than 2.5 ounces of marijuana, with no more than 12.5 grams of concentrate; specified conduct involving no more than six plants at a primary residence for personal use; and qualifying marijuana paraphernalia offenses.
The conduct must fall within ARS 36-2862, including its timing requirements. A successful order can vacate the judgment and seal or restrict records as the statute directs. It should not be described as physically destroying every state, federal, or privately held record.
The distinction matters when an incident produced both a marijuana possession case and a DUI. Eligibility to expunge the possession case does not automatically extend to the DUI.
ARS 13-911 allows eligible people to petition to seal records of an arrest, charge, conviction, and sentence. Sealing restricts public access to covered criminal justice records. The records are not destroyed, and the statute permits access and use in specified circumstances.
Relief may be available after an eligible conviction and completion of the applicable requirements, or after a dismissal, acquittal, or arrest that did not lead to charges. An order is required; simply completing a sentence does not seal the case.
A set aside under ARS 13-905 is a separate remedy available for eligible convictions after sentence or probation requirements have been fulfilled and the person has been discharged. If granted, the court sets aside the judgment of guilt, dismisses the charging document, and provides the relief specified in the statute.
The court considers:
Some convictions are excluded, including dangerous offenses, offenses requiring sex offender registration, offenses with a finding of sexual motivation, and felony offenses with a victim younger than 15. Eligibility must be checked under the actual conviction.
Keep documentation of sentence completion, payments, and rehabilitation. The application belongs in the appropriate court; a municipal court DUI should not automatically be routed to superior court simply because the person seeks a set aside.
A granted set aside changes the legal status of the conviction, but the record remains accessible with a notation of the set aside. It does not make the conviction disappear from public background searches. The statute preserves specified uses of the conviction and certain MVD consequences.
Although the charging document is dismissed as part of the relief, it can be misleading to answer every application as if no conviction ever occurred. Read the exact question and explain the set aside accurately where disclosure is required. The firm’s Arizona set aside page addresses that process separately.
For eligible convictions, ARS 13-911 establishes waiting periods measured from completion of the nonmonetary conditions of the sentence or probation and discharge by the court:
All court-ordered fines, fees, and restitution must also be paid when the petition is filed. The arrest date, conviction date, and final payment date should not simply be substituted for the statutory starting point. Obtain the actual completion and discharge records.
The felony classification alone does not establish eligibility. ARS 13-911 excludes specified offenses, including dangerous offenses and certain offenses involving weapons, serious injury, or sexual conduct. An aggravated DUI must be evaluated under the actual exclusion provisions; the word “aggravated” in the charge’s name does not answer every eligibility question.
The statute also contains a longer waiting rule for a subsequent felony committed after earlier records were sealed. Dismissed cases and acquittals use a different eligibility route from convictions and should not automatically be assigned the misdemeanor conviction waiting period.
Sealing can improve privacy, but it is not a universal reset. Under ARS 13-911, covered prior convictions can still be used in specified later prosecutions and DUI sentencing. The passage of seven years does not automatically delete a DUI record.
The statute generally permits a person with sealed records to say they were not arrested, charged, or convicted in the covered case, but important disclosure exceptions apply. For DUI records, one exception concerns applications for jobs involving commercial or private operation of a motor vehicle, boat, or airplane. Fingerprint clearance applications and disclosures required by state or federal law also need separate attention.
The Arizona Judicial Branch’s sealing guidance explains that records distributed before sealing may remain accessible. An order does not guarantee that every private website or background screening company immediately updates its files. Keep a copy of the order and review any later report for accuracy.
Start with the court and case number. For a conviction, the sealing petition goes to the court of conviction. Dismissals, acquittals, and arrests without filed charges have their own filing rules under ARS 13-911(C). If there are cases in different courts, each must be addressed in the correct place.
Collect the disposition, sentencing order, discharge information, and proof that financial obligations are satisfied. Use the court’s applicable forms and explain the requested relief. The court considers the petitioner’s interests and public safety, and the prosecutor and qualifying victims have opportunities to participate.
The court generally cannot grant or deny the sealing petition until 60 calendar days after receipt, unless the statutory nonobjection exception applies. Sixty days is not a guaranteed completion time. A hearing may be requested before the ruling. If a petition is denied, the statute generally requires a three-year wait before a new petition.
Rosenstein Law Group’s attorneys work with clients to understand the process, identify available relief, and prepare the appropriate filing. Our team brings more than 100 years of combined experience.
The review can include obtaining the case history, confirming the court and conviction, checking completion and payment records, calculating eligibility dates, and preparing a petition that explains the person’s circumstances. If the prosecutor or a victim objects, counsel can address the issues through the court’s process.
Someone concerned about public access may need a sealing analysis; someone seeking recognition that a sentence was completed may benefit from evaluating a set aside. A person applying for a driving job also needs advice about the disclosure exception, even if sealing is available. The proposed filing should address the actual goal.
At Rosenstein Law Group, we work to help clients move forward after a criminal case. Learn about Craig J. Rosenstein and call (480) 248-7666 or schedule a free consultation to discuss DUI record sealing, conviction set asides, eligibility, and the limits of each remedy before filing.