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If you’ve been convicted of a DUI in Arizona, the question of whether that charge can be removed from your record eventually becomes critical. A past DUI can affect your employment, housing options, and even car insurance rates — long after you’ve completed all the legal penalties. In many states, people can pursue expungement or record sealing to limit public access to criminal history. But what does that process look like in Arizona, and is it even possible for DUI cases?
The answer depends on the distinction between expungement, sealing, and Arizona’s unique alternative: the set-aside. While the words are sometimes used interchangeably, they refer to different legal remedies — and Arizona’s laws are more limited than many other states. In Arizona, expungement and sealing are generally unavailable for DUI convictions. Instead, the law provides a process to “set aside” the conviction after all sentencing requirements are met. This does not erase or hide the conviction, but it does offer a way to show that you completed the sentence and moved forward.
This article explains the legal definitions, processes, and outcomes associated with clearing or modifying DUI convictions in Arizona. Whether you’re dealing with a misdemeanor or a more serious offense, knowing what your legal options are — and what they aren’t — is an important part of managing the long-term impact of a DUI.
Arizona Does Not Allow Traditional Expungement for DUIs
In most states, expungement means that a conviction is removed from your criminal record entirely. Once expunged, it’s as if the event never happened — courts, employers, and background check systems no longer see it. Unfortunately, Arizona law does not allow expungement of DUI convictions for adults.
The only exception involves certain marijuana-related offenses after the legalization of recreational use — and even that is limited in scope. DUIs, whether misdemeanor or felony, are ineligible for expungement under current Arizona statutes.
This legal reality is important for anyone hoping to “clean the slate.” If your goal is to make the DUI disappear entirely from your record, Arizona law offers no path to make that happen. Even if the offense occurred many years ago, and you’ve maintained a clean record since, there is no automatic or petition-based method to erase the conviction from public view.
This approach reflects Arizona’s strict stance on DUI enforcement and penalties. The state treats impaired driving as a serious offense with long-term consequences — and that extends to recordkeeping policies as well. So if you’re looking for a way to make a DUI “go away,” traditional expungement is not an option in Arizona.
Arizona’s Set-Aside Process: What It Is and How It Works
While Arizona doesn’t allow expungement, it does offer an alternative called a set-aside under A.R.S. § 13-905. This legal remedy allows individuals who have completed their sentence to request that the court set aside the judgment of guilt and dismiss the charges.
Here’s how it works:
- You must complete all terms of your sentence, including jail time, probation, fines, classes, and any other conditions ordered by the court.
- You file a petition with the court where you were convicted, requesting that the conviction be set aside.
- The court reviews your request, considering factors like the nature of the offense, your compliance with sentencing terms, and your overall behavior since the conviction.
- If approved, the record will reflect that the judgment was set aside and the charges were dismissed.
This can be helpful in certain situations, such as applying for jobs or housing. It shows that you satisfied the court’s requirements and are no longer under any legal penalty. However, it’s critical to understand that a set-aside does not remove the DUI from your record. It remains visible to employers, licensing boards, and background check services.
In other words, a set-aside is not a clean slate — it’s a legal annotation that the matter was resolved in full. That may help reduce the impact of a conviction, but it does not erase it.
Sealing Records in Arizona: Is It an Option for DUIs?
As of 2023, Arizona introduced a new provision allowing some individuals to petition the court to seal their criminal records, including arrest records and conviction information. This has led to confusion about whether DUI convictions can now be sealed. Unfortunately, most DUI cases still do not qualify under the new law.
Under A.R.S. § 13-911, individuals may request record sealing for certain non-violent, lower-level offenses, but DUI charges are generally excluded — especially if they involve aggravating factors or resulted in injury or property damage. Additionally, the sealing process does not guarantee complete invisibility. Law enforcement, courts, and some agencies will still have access to the records, even if they are sealed from public view.
Here’s a quick summary of the sealing law’s limitations:
- Not all offenses are eligible — DUIs are usually excluded
- Only certain non-violent misdemeanors or low-level felonies qualify
- Sealed records are still accessible to authorities in many scenarios
While this new law offers hope for people with minor offenses on their records, it does not provide a path to seal or hide most DUI convictions in Arizona. So if you’re hoping to use the sealing law to remove a DUI from view, it’s likely not applicable in your case.
What a Set-Aside Can and Cannot Do for Your DUI Record
Understanding the real limitations of a set-aside is key to setting accurate expectations. In Arizona, a set-aside does provide benefits — but it does not have the same effect as expungement or sealing in other states.
A set-aside can:
- Show that the judgment was dismissed after sentence completion
- Demonstrate rehabilitation and compliance with the law
- Improve employment or housing prospects in some cases
- Strengthen your credibility in future legal matters
A set-aside cannot:
- Remove the DUI from your criminal record
- Prevent employers or background checks from seeing the conviction
- Restore rights that were lost due to a felony (in some cases)
- Shield the record from insurance companies, licensing boards, or law enforcement
This means that even after a set-aside, your DUI will likely still appear in criminal background searches and still carry consequences — especially for professional licensure or jobs requiring security clearance. It is not a “clean slate,” but it is a positive step toward reducing the long-term impact of the conviction.
Who Is Eligible to File for a Set-Aside in Arizona?
To be eligible for a set-aside in Arizona, you must meet specific criteria, and the court will evaluate your request on a case-by-case basis. The process is not automatic, and not everyone qualifies.
Here are the general eligibility requirements:
- You must have completed all terms of your sentence, including probation, community service, and payment of all fines.
- The offense must not involve serious harm, such as causing injury or death.
- The DUI must not be classified as a dangerous offense under Arizona law.
- You must not have any pending charges or unresolved cases.
Courts consider several factors when reviewing a set-aside request:
- Nature and severity of the offense
- Time since the conviction
- Your behavior and conduct since completing the sentence
- Criminal history and repeat offenses
If you meet these conditions, you can submit a petition to the court where you were sentenced. Some courts may allow you to file online or by mail, while others require an in-person appearance. Once the judge reviews your case, they can either grant or deny the set-aside request.
While this process does not guarantee removal of the record, it can make a difference in how you’re perceived during background checks and other evaluations.
Can You Seal or Expunge a DUI from Your Driving Record?
Even if you can’t expunge or seal your DUI criminal record, what about your driving record? After all, Arizona’s Motor Vehicle Division (MVD) also tracks DUIs, license suspensions, and administrative penalties. Unfortunately, the answer is still no — there is no way to expunge or seal a DUI from your driving record in Arizona.
Driving records are administrative documents maintained by the Arizona Department of Transportation (ADOT). They track license status, violations, points, and required insurance filings like SR-22. These entries remain for years:
- Points from a DUI: 5 years
- License suspensions/revocations: Often 7 years or more
- SR-22 and IID requirements: Typically 3 years
These entries expire naturally over time, but you cannot petition for early removal. They remain visible to insurance providers, some employers, and commercial driver licensing systems.
In short, neither your criminal nor your driving record offers a way to fully erase a DUI in Arizona. The best you can do is pursue a set-aside, fulfill all requirements, and avoid any further violations.
FAQ
Can I expunge a DUI in Arizona?
No. Arizona does not allow expungement of DUI convictions for adults.
What is a set-aside, and how does it help?
A set-aside is a legal process where the court dismisses the judgment after you complete your sentence. The conviction remains on your record, but it shows that you fulfilled all legal obligations.
Can DUI records be sealed in Arizona?
Generally, no. Arizona’s record-sealing law applies to limited offenses, and most DUI cases are not eligible.
Will a set-aside remove the DUI from my driving record?
No. A set-aside only applies to your criminal record. Driving records are handled by the MVD and follow different rules.
How long does a DUI stay on your Arizona driving record?
DUI-related points remain for 5 years, but license actions can stay on your record for 7 years or more.
Conclusion
Arizona has some of the strictest laws in the country when it comes to DUIs, and that includes how long the offense stays on your record. Unlike other states, Arizona does not allow expungement of DUI convictions, and most DUI cases do not qualify for record sealing. The only option available to reduce the visible impact of a conviction is to pursue a set-aside, which marks the case as resolved but does not remove it from your record.
Additionally, your driving record is not eligible for clearing or sealing, meaning administrative penalties like points, suspensions, or SR-22 requirements remain on file for years. These details continue to affect your insurance, job opportunities, and driving privileges long after the legal sentence is over.
For more information on Arizona’s record retention laws, visit the DUI Records and Long Term Impact pillar page or explore the full breakdown at How Long a DUI Stays on Your Record.