Arizona does not offer traditional DUI expungement but provides two post-conviction remedies. A set-aside under ARS 13-905 marks the conviction as dismissed without erasing it. Record sealing under ARS 13-911, effective January 2023, restricts public access to the case file entirely. Call Oliverson Law at (480) 582-3637 to determine which option fits your situation.
Why Arizona Does Not Have DUI Expungement
Expungement—the complete destruction or erasure of a criminal record—exists in states like California, Ohio, and Illinois but has never been part of Arizona’s criminal code. When someone searches for DUI expungement in Arizona, they are typically looking for a way to remove a conviction from background checks, restore civil rights, or eliminate employment barriers created by a DUI record. Arizona addresses those goals through two separate statutes rather than a single expungement process.
ARS 13-905 has existed in Arizona law for decades and allows a person convicted of a criminal offense—including DUI under ARS 28-1381, Extreme DUI under ARS 28-1382, and in some circumstances Aggravated DUI under ARS 28-1383—to petition the sentencing court to set aside the judgment of guilt. A granted set-aside changes the court record to reflect that the conviction has been “set aside and the accusation dismissed,” but it does not seal, hide, or delete the underlying case from public records. Anyone searching the Maricopa County Superior Court public access portal or the Arizona Judicial Branch case lookup system can still find the original charge, conviction, and the subsequent set-aside order.
ARS 13-911 took effect on January 1, 2023, and introduced record sealing as a new post-conviction remedy in Arizona. This statute goes beyond a set-aside by restricting public access to the case file entirely. Sealed records do not appear on standard criminal background searches conducted by employers, landlords, or licensing boards. However, law enforcement agencies, prosecutors filing new charges, and certain regulatory bodies retain access to sealed records for specified purposes under the statute.
How the Set-Aside Process Works Under ARS 13-905
The set-aside under ARS 13-905 is the most commonly filed post-conviction motion for Arizona DUI cases. It does not erase the conviction, but it provides a court-ordered notation that the judgment of guilt has been vacated and the charges dismissed. For many employment applications and professional licensing inquiries, a set-aside demonstrates rehabilitation and judicial recognition that you have fulfilled every obligation imposed by the court.
Eligibility requirements: You must have completed every term of your sentence, including jail time, fines, surcharges, probation, community service, alcohol screening and treatment programs, and any restitution ordered by the court. If an ignition interlock device was mandated, the full interlock period must be finished and the device removed. Outstanding warrants, unpaid fines, or incomplete treatment programs disqualify you from filing until those obligations are satisfied.
Filing the petition: A set-aside petition is filed in the court that imposed the original sentence. For misdemeanor DUI cases in Maricopa County, that means filing in the specific municipal court—Tempe Municipal Court, Scottsdale City Court, Phoenix Municipal Court, Chandler Municipal Court, or the applicable Justice Court—where the conviction was entered. Felony Aggravated DUI set-asides are filed in Maricopa County Superior Court. The petition must include the case number, conviction date, a statement confirming completion of all sentencing terms, and any supporting documentation such as proof of treatment completion and fine payment receipts.
Judicial discretion: Arizona courts consider several factors when deciding whether to grant a set-aside, including the nature of the offense, compliance with sentencing conditions, the petitioner’s criminal history since the conviction, the victim’s input if applicable, and the overall interest of justice. Judges are not required to grant the petition. DUI offenses involving crashes, injuries, or repeat violations within 84 months may face closer scrutiny. Having an attorney present the petition with organized documentation of sentence completion, treatment records, and any positive post-conviction conduct strengthens the filing substantially.
What a set-aside does and does not do: A granted set-aside restores certain civil rights, including the right to possess a firearm for misdemeanor convictions and the ability to state on most private-sector employment applications that you have not been convicted of a crime. However, it does not remove the record from court databases, does not affect ADOT driving records, and does not prevent the conviction from counting as a prior offense if you are arrested for DUI again within the 84-month lookback period under Arizona law.
Oliverson Law reviews your conviction, sentencing terms, and completion status to determine whether a set-aside petition is appropriate. Office: 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281.
Record Sealing Under ARS 13-911: Eligibility and Limitations
Record sealing under ARS 13-911 represents the closest thing Arizona has to expungement. Unlike a set-aside, which leaves the record visible with a dismissal notation, sealing restricts public access to the entire case file. Background check companies, employers running standard screenings, landlords, and university admissions offices cannot see a sealed conviction. This distinction matters significantly for people whose DUI record blocks career advancement, professional licensing, or housing applications in the Phoenix metropolitan area and throughout Maricopa County.
Eligibility for DUI record sealing: ARS 13-911 establishes specific waiting periods based on offense classification. For a misdemeanor DUI conviction under ARS 28-1381, you must wait at least two years after completing all terms of your sentence before petitioning to seal. For more serious misdemeanor offenses, the waiting period extends to three years. Felony DUI convictions carry a five-year or longer waiting period depending on the classification. During the waiting period, you must remain conviction-free. Any new criminal conviction during the waiting window resets your eligibility timeline.
Offenses excluded from sealing: Not every DUI-related conviction qualifies. ARS 13-911 specifically excludes certain dangerous offenses, offenses requiring sex offender registration, and Class 1 felonies from sealing eligibility. Aggravated DUI under ARS 28-1383 that involved a crash with serious physical injury may fall under the dangerous offense exclusion depending on how the charge was designated at sentencing. The statute also excludes offenses where the victim was under fifteen years of age, which could apply to Aggravated DUI cases charged because a child was in the vehicle.
Filing process: The petition to seal is filed in the court of conviction, similar to the set-aside process. You must provide your case number, conviction details, proof of sentence completion, and a statement that the applicable waiting period has elapsed. The court notifies the county attorney or municipal prosecutor, who has 30 days to file an objection. If no objection is filed and the court finds you meet all statutory requirements, the order to seal is entered. The court then notifies the Arizona Department of Public Safety, which updates its records to reflect the sealed status. ADOT driving records, however, maintain DUI conviction history separately for administrative purposes.
| Remedy | Statute | Record Visibility | Waiting Period | Background Check Impact |
|---|---|---|---|---|
| Set-Aside | ARS 13-905 | Publicly visible with dismissal notation | None after sentence completion | Conviction still appears with set-aside noted |
| Record Sealing | ARS 13-911 | Restricted from public access | 2–5+ years after sentence completion | Does not appear on standard background checks |
| Expungement | Not available in AZ | N/A | N/A | N/A |
Set-Aside vs. Record Sealing: Which Path Fits Your Situation
Immediate Relief Needed — File a Set-Aside First
If you recently completed your sentence and need to address an upcoming job application, professional licensing review, or background check, a set-aside under ARS 13-905 can be filed immediately without a waiting period. While the conviction remains visible, the dismissal notation signals rehabilitation and may satisfy employer or licensing board requirements in Maricopa County and statewide.
Long-Term Privacy — Petition for Record Sealing
If the applicable waiting period under ARS 13-911 has already passed or will pass soon, record sealing provides the strongest protection available in Arizona. Once sealed, the conviction does not appear on commercial background searches, giving you the practical effect closest to expungement. This matters most for professionals in healthcare, education, finance, or government contracting where background screening is rigorous.
Both Remedies Can Be Pursued Sequentially
Arizona law does not prevent you from obtaining a set-aside first and then petitioning for record sealing once the waiting period expires. Many clients file the set-aside immediately after completing sentencing, then return two or more years later to file the sealing petition. This layered approach provides incremental benefits at each stage while working toward maximum record restriction.
Assess Exclusions Before Filing
Before investing time and filing fees, confirm that your specific DUI conviction qualifies for the remedy you want. Aggravated DUI with a dangerous designation, DUI involving serious physical injury, or a DUI with a minor passenger under fifteen may be excluded from record sealing under ARS 13-911. An attorney who has reviewed thousands of DUI case dispositions in Maricopa County can identify disqualifying factors before you file.
How Oliverson Law Handles Post-Conviction DUI Relief
Oliverson Law DUI & Criminal Defense has represented clients across every stage of Arizona DUI cases since 2009, including post-conviction relief through set-asides and record sealing petitions filed in courts throughout Maricopa County. The firm’s perspective on post-conviction strategy draws from experience that spans every side of the courtroom.
Founding attorney Derek Oliverson served as a police officer in Henderson, Nevada, then prosecuted criminal cases in Mohave County, Arizona. He later presided as a judge at Page Magistrate Court and Glendale City Court before returning to private defense practice. That trajectory through law enforcement, prosecution, and the judiciary means he understands how judges evaluate set-aside petitions, what documentation strengthens a filing, and which arguments carry weight when prosecutors object. Attorney David Tangren, a University of Arizona law graduate who served as a prosecutor with the Pima County Attorney’s Office, handles the detailed briefing and court filings required for contested petitions in Maricopa County Superior Court.
When you contact Oliverson Law about clearing a DUI from your record, the firm reviews your original case file, sentencing terms, completion status, and any subsequent criminal history to determine whether a set-aside, record sealing, or both are available. If your conviction involved an Extreme DUI under ARS 28-1382 or a felony Aggravated DUI under ARS 28-1383, additional analysis is required to confirm eligibility under ARS 13-911’s exclusion provisions. The firm then prepares and files the appropriate petition, assembles supporting documentation, and represents you at any hearing the court may schedule.
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Frequently Asked Questions
Arizona does not have a traditional expungement statute that erases DUI convictions from your record entirely. Instead, the state offers two post-conviction remedies. ARS 13-905 allows you to petition the court to set aside a conviction, which adds a notation that the conviction has been dismissed but does not delete it from public records. ARS 13-911, effective January 2023, provides record sealing for certain eligible offenses, which restricts public access to the case file. Neither option completely erases the conviction the way expungement works in states like California or Ohio.
A set-aside under ARS 13-905 changes the judgment to show the conviction was set aside and the case dismissed, but the record remains visible on background checks through the Maricopa County Superior Court public portal and the Arizona courts public access system. Record sealing under ARS 13-911 goes further by restricting public access entirely, meaning sealed records do not appear on standard criminal background searches conducted by employers, landlords, or licensing agencies. However, law enforcement and certain government agencies can still access sealed records for specific purposes.
Eligibility for DUI record sealing under ARS 13-911 depends on the offense classification and completion of all sentencing terms. You must have completed your sentence, paid all fines and restitution, fulfilled probation requirements, and satisfied any mandatory treatment or education programs. A waiting period applies after completing your sentence, ranging from two years for misdemeanor DUI under ARS 28-1381 to longer periods for more serious offenses. Aggravated DUI under ARS 28-1383 and offenses involving serious physical injury are excluded from sealing eligibility.
Filing a set-aside petition under ARS 13-905 in Maricopa County typically takes 30 to 90 days from filing to judicial ruling. The timeline depends on whether the county attorney objects and whether the court schedules a hearing. Record sealing petitions under ARS 13-911 follow a similar timeline but may take longer because the statute requires notification to the prosecutor and a mandatory response period. Courts in different Maricopa County jurisdictions, including Tempe Municipal Court, Phoenix Municipal Court, and Mesa Municipal Court, each have their own scheduling practices.
Yes, a set-aside DUI conviction under ARS 13-905 still appears on criminal background checks because the record is not sealed or deleted. Background check databases will show the original conviction along with a notation that it was set aside and dismissed. Employers conducting thorough background searches through court records or commercial screening companies will see both the conviction and the set-aside order. Only record sealing under ARS 13-911 removes the case from public-facing background check results, and even then, certain government agencies retain access.
Speak directly with an attorney who has served as a police officer, prosecutor, and judge. Office: 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281.