Arizona DUI Records: Permanent, With 7‑Year Priorability and New Sealing Options

How long a DUI stays on Arizona records

Two separate records matter after a DUI in Arizona: your criminal record and your Motor Vehicle Division (MVD) driving record. On the criminal side, a DUI conviction does not automatically go away. Arizona does not provide traditional expungement for DUI convictions. Instead, you may pursue two forms of statutory relief: a set-aside under ARS 13-905 and, as of 2023, record sealing under ARS 13-911. Both are discretionary and require you to complete all terms of sentence and meet waiting periods (for sealing) before filing a petition in the court that entered judgment.

On the driving side, ADOT/MVD maintains DUI entries on your record. Points and certain sanctions have defined durations, but the underlying DUI entry itself does not “drop off” after a fixed number of years. Nevertheless, Arizona’s sentencing statutes use a 84‑month (seven‑year) “priorability” window for most misdemeanor DUI enhancements. That means prior DUI convictions within 84 months can increase mandatory penalties on a new DUI under ARS 28-1381 and ARS 28-1382. Separately, having two or more prior DUI convictions within 84 months can elevate a new charge to aggravated DUI under ARS 28-1383(A)(2), a felony handled in the Superior Court (for example, Maricopa County Superior Court in Phoenix).

Practically, employers and landlords often run background checks that will surface an Arizona DUI unless relief has been granted. A set-aside order under ARS 13-905 “releases” you from penalties and disabilities from the conviction but does not erase the record; it updates it to show the conviction was set aside. A sealing order under ARS 13-911 limits public access to the case record, although law enforcement, courts, and certain agencies still see it. If your case was dismissed or you were found not guilty, you can also petition to seal those records under ARS 13-911 without waiting.

Courts in Phoenix, Scottsdale, Gilbert, Tempe, and throughout Maricopa County apply these statutes every day. Misdemeanor DUIs file in city courts or justice courts (for instance, Phoenix Municipal Court, Scottsdale City Court, or the University Lakes/Highland Justice Courts in the East Valley). Felony aggravated DUI cases file in the Maricopa County Superior Court. Administrative license actions run on a separate track before ADOT’s Executive Hearing Office under ARS 28-1385 (admin per se) and ARS 28-1321 (implied consent refusals).

Bottom line: a conviction will remain on your criminal history unless you win a dismissal, set-aside, or sealing. The MVD entry stays as well, even though sentencing enhancements generally look back 84 months. If you are weighing your options after a DUI in Phoenix, Scottsdale, or Gilbert, speak with a DUI lawyer in Arizona as soon as possible to map out relief strategies and deadlines.

Relevant Arizona statutes & court procedures

Offense definitions and priorability

Arizona’s primary DUI statutes are:

– ARS 28-1381 (impaired to the slightest degree or BAC .08+)
– ARS 28-1382 (Extreme DUI, .15+; Super Extreme, .20+)
– ARS 28-1383 (Aggravated DUI, including two prior DUIs within 84 months, DUI with a suspended/revoked license, or DUI with a minor under fifteen in the vehicle)

Prior convictions within 84 months (measured offense date to offense date) enhance minimum jail, fines, and interlock terms for misdemeanors, and can trigger aggravated DUI under ARS 28-1383(A)(2). The enhancement window does not delete older convictions; it limits when they mandate higher minimums. Prosecutors may still argue older conduct as aggravation at sentencing within lawful ranges.

Penalties and collateral consequences

While exact ranges depend on charge level and priors, expect mandatory jail or prison, fines and assessments, alcohol screening and treatment, license suspension or revocation, and ignition interlock device (IID) requirements. Title 28 consequences (license, IID) are administered by ADOT/MVD and are not removed by a criminal set-aside. For per se BAC cases, ARS 28-1385 authorizes a 90‑day administrative suspension. For refusals, ARS 28-1321 authorizes a 12‑month suspension (24 months with a prior refusal within 84 months), with the right to request a hearing before the Executive Hearing Office.

Set-aside vs. sealing vs. expungement

– Set-aside (ARS 13-905): After completing sentence, you may petition the sentencing court to set aside the judgment. If granted, the court enters an order setting aside the conviction, dismissing the accusations, and releasing you from penalties and disabilities, except those imposed by ADOT/MVD under Title 28 and certain regulatory agencies. The record remains public but reflects the set-aside order.

– Sealing (ARS 13-911): Effective January 1, 2023, you may petition to seal all case records after a waiting period: typically two years for misdemeanors, five years for class 4–6 felonies, and ten years for class 2–3 felonies, starting after completion of all terms. Some serious offenses are ineligible. If granted, the public cannot access the records without a court order, but law enforcement and courts retain access. Employers using standard public databases will generally no longer see the sealed DUI case.

– Expungement: Arizona expungement is limited, most notably to certain marijuana offenses under ARS 36-2862. DUI is not among the expungeable offenses. References to “expunging a DUI” in Arizona usually mean seeking a set-aside or sealing.

Where and how to file

File your ARS 13-905 set-aside or ARS 13-911 sealing petition in the court that entered the judgment: for example, Phoenix Municipal Court for a city DUI, a Maricopa County Justice Court for a county-filed misdemeanor, or Maricopa County Superior Court for aggravated DUI. Each court uses standardized forms and may require notice to the prosecutor. The judge considers statutory factors, including compliance with sentence, victim input, your criminal history, and the interests of justice. If the case was dismissed or you were acquitted, you can file to seal immediately under ARS 13-911(C), without a waiting period.

Driving record and insurance

ADOT/MVD keeps DUI convictions on your driving record. Points affect you for a defined period, but the conviction entry does not auto‑purge. Insurers often apply premium surcharges for several years post‑conviction, but that is an underwriting decision, not a legal time limit. An IID requirement is governed by ARS 28-3319 and related regulations; early termination is possible in limited circumstances if statutory criteria are met.

Administrative hearings

If you receive an admin per se or implied consent order, act quickly. You generally have 15 days from service to request a hearing. Executive Hearing Office matters are civil and separate from your criminal case. A win at the hearing may avoid or reduce the administrative suspension even if the criminal case is pending, and vice versa.

What to do next

Common mistakes to avoid

Frequently Asked Questions