Arizona DUI convictions aren’t expunged—but you may qualify to set aside or seal the record

Can a DUI be expunged in Arizona?

Arizona does not provide a true expungement remedy for DUI convictions. The only statutory expungement in Arizona is for certain marijuana-related offenses under ARS 36-2862 (Prop 207). A DUI—whether alcohol, drug, Extreme, or Aggravated—cannot be expunged under Arizona law.

Instead, two meaningful forms of post-conviction relief may apply:

1) Set aside under ARS 13-905. After you complete all terms of sentence (including jail, fines, classes, probation, and any ignition interlock), you can petition the sentencing court to set aside the judgment. If granted, the court enters an order vacating the judgment of guilt, dismissing the charge, and releasing you from penalties and disabilities resulting from the conviction. The conviction is not erased, but your record will show that it was set aside.

2) Record sealing under ARS 13-911. Beginning January 1, 2023, many people with Arizona convictions may petition to seal case records after a waiting period, including numerous DUI convictions, so long as the case is not within the statute’s exclusions and all sentence terms are completed. Sealing restricts public access to court and law enforcement records. Prosecutors, courts, and certain agencies can still access sealed records, and a sealed DUI can still be used for future charging or sentencing purposes.

Critically, neither a set aside nor sealing eliminates DUI “priors.” Prosecutors may still allege historical DUI convictions to enhance sentencing under ARS 28-1381, 28-1382, and 28-1383, and the Arizona Department of Transportation Motor Vehicle Division (MVD) retains driving history and administrative actions (like license suspensions) under Title 28.

Arizona appellate decisions confirm that a set aside does not wipe away the fact of conviction for future use. Courts have long permitted prior convictions to be used for enhancement despite a set-aside order, and boards, courts, and agencies may consider the underlying conduct where statutes allow. In practice, however, a set aside or sealed record can substantially improve employment, housing, and licensing prospects because routine public background checks will show a favorable disposition or no public record, respectively.

Where do you file? For misdemeanors, you file in the court of conviction—e.g., Phoenix Municipal Court, Tempe Municipal Court, Mesa Municipal Court, Chandler Municipal Court, or a Maricopa County Justice Court. Felony DUIs are handled in Maricopa County Superior Court or the superior court of the county of conviction. Each court has local forms and procedures; many accept filings by mail or through electronic portals. Victims are entitled to notice and to be heard under Arizona’s Victims’ Bill of Rights (Title 13, chapter 40).

If you are considering post-conviction relief, speak with a seasoned DUI lawyer in Arizona who understands both criminal and MVD consequences and has appeared in our municipal, justice, and superior courts across Maricopa County.

Arizona statutes, penalties & procedures

Core DUI statutes and penalties

• ARS 28-1381 (DUI): Driving or having actual physical control while impaired to the slightest degree, or with BAC of 0.08+ (0.04+ for commercial). Typically a class 1 misdemeanor with at least 10 days jail (9 suspended with treatment), fines, assessments, alcohol/drug education, and license consequences. Lookback for enhancement is 84 months.

• ARS 28-1382 (Extreme DUI): BAC 0.15–0.199 and Super Extreme at 0.20+. Mandatory jail terms escalate substantially, along with fines and ignition interlock.

• ARS 28-1383 (Aggravated DUI): DUI with aggravated factors (e.g., suspended license, third DUI in 84 months, minor under 15 in vehicle, or interlock violation). Commonly a class 4 or class 6 felony with prison exposure, felony probation, mandatory treatment, and long-term license revocation.

• ARS 28-1385, 28-1321: Administrative license actions (implied consent and admin per se). These are handled through ADOT’s Executive Hearing Office. These records are distinct from court records and remain with MVD even if a case is set aside or sealed.

Set aside: ARS 13-905

Eligibility: Most DUI convictions are eligible to be set aside because they arise under Title 28, chapter 4 (not chapter 3). ARS 13-905 excludes certain offenses (e.g., dangerous offenses, crimes requiring sex offender registration, offenses with victims under 15, some traffic offenses under Title 28, chapter 3). DUI is generally eligible once all terms are completed.

Effect: If granted, the court vacates the judgment, dismisses the accusatory instrument, and releases you from all penalties and disabilities resulting from the conviction. The court issues a certificate of second chance when applicable, which can aid with occupational licensing and employment. The conviction remains on record, but it is annotated as set aside.

Factors: The court must consider factors like the nature and circumstances of the offense, compliance with probation, prior or subsequent convictions, victim input, the time elapsed, and age at the time of the offense. See ARS 13-905 for the full list of considerations. The process is discretionary; a hearing may or may not be set.

Limitations: A set aside does not alter MVD records or reinstate driving privileges by itself, does not erase the event from law enforcement databases, and does not prevent prosecutors from using the conviction as a prior.

Record sealing: ARS 13-911

Eligibility and waiting periods: After completing all terms of the sentence, many people can petition to seal case records. The general waiting periods are often cited as approximately 10 years for class 2–3 felonies, 5 years for class 4–6 felonies, and 3 years for class 1 misdemeanors (shorter for class 2–3 misdemeanors). Certain serious offenses are excluded. Many DUI convictions—including most misdemeanors and many non-dangerous felonies—can be eligible.

Effect: If sealing is granted, public access to the case records is restricted. You may lawfully state you have no criminal record in most private contexts, with specific statutory exceptions. Courts, prosecutors, and law enforcement retain access, and a sealed DUI can still be used for charging decisions, sentencing enhancement, and background checks required by law.

Procedure: File in the court of conviction with a verified petition identifying the case, demonstrating completion of all terms, and addressing statutory factors. The prosecutor and any victim receive notice; the court may hold a hearing. Denials can often be refiled after time passes or deficiencies are cured.

Marijuana expungement: ARS 36-2862

Prop 207 permits expungement of specific marijuana offenses (e.g., possessing up to certain amounts, six plants, paraphernalia). It does not authorize expungement of DUI convictions, even if THC-related. A DUI involving marijuana remains subject to the same post-conviction framework as other DUIs: set aside and potential sealing.

Where your petition is decided

Misdemeanor DUI set aside or sealing petitions are decided by the municipal or justice court that entered judgment (e.g., Phoenix, Tempe, Mesa, Chandler, or Maricopa County Justice Courts). Felony Aggravated DUI petitions are decided in the superior court. Each court has local practices on forms, victim notification, and hearings.

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Common mistakes to avoid

Frequently Asked Questions