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If you’re charged with a DUI in Arizona, one of the first questions you might ask is whether that charge ends up on your criminal record. The short answer is yes — in Arizona, a DUI is a criminal offense, not just a traffic violation. This distinction matters more than many people realize. A criminal record can affect your future in ways that go far beyond the courtroom or DMV.
In Arizona, DUI offenses are taken seriously and prosecuted as misdemeanors or, in some cases, felonies. This means they are treated the same way as other criminal violations, such as theft or assault, and the details are added to your permanent criminal history. Once a DUI conviction is recorded, it does not simply go away after a few years. It can show up in background checks, influence hiring decisions, and affect everything from loan applications to housing opportunities.
Understanding the legal consequences of a DUI in Arizona is important for anyone facing charges or trying to navigate the aftermath of a conviction. This article breaks down how Arizona classifies DUI offenses, how they are recorded, how long they stay on your criminal record, and what — if anything — can be done about it. We’ll also clarify how a criminal record differs from your driving record, how each is used by outside parties, and how Arizona law treats expungement or set-asides.
Let’s explore the implications of a DUI conviction on your criminal record in Arizona and what that means for your long-term future.
Arizona Classifies DUI as a Criminal Offense
In Arizona, driving under the influence is not treated as a minor infraction — it is a criminal charge. The law makes a clear distinction between administrative issues, like license suspension, and criminal matters, which are prosecuted through the court system. Even a first-time DUI offense is generally classified as a Class 1 misdemeanor, the highest level of misdemeanor in the state.
The criminal classification becomes even more severe in certain circumstances. For example, if you are arrested for DUI while your license is suspended, or if you have multiple prior offenses, the charge can be elevated to a Class 4 felony, known in Arizona as an Aggravated DUI. In these cases, the consequences are far more serious and may include prison time and permanent felony status.
Because DUIs are criminal matters, they are entered into your Arizona criminal history record, which is maintained by the Arizona Department of Public Safety (DPS). This means that law enforcement, government agencies, and many employers can access this information during background checks. It is not the same as a ticket or civil citation — it carries legal weight and long-term visibility.
Even if the DUI charge is ultimately reduced or dismissed, the original arrest and court process may still appear on your record. This is why understanding your legal situation early on is so critical, especially in a state like Arizona where DUI laws are some of the strictest in the nation.
How a DUI Conviction Is Recorded on Your Criminal Record
Once you are convicted of a DUI in Arizona, the details of that case become part of your permanent criminal record. This includes the charge itself, the final disposition (such as a guilty plea or conviction), and any penalties imposed by the court. All of this information is stored and made accessible to various institutions for years to come.
The Arizona Department of Public Safety is responsible for maintaining criminal history records. When you’re fingerprinted after a DUI arrest, those prints are linked to your criminal profile. Once the court process concludes, the outcome is updated in the record. Unlike civil offenses or administrative penalties, these records are not erased after a set time. They remain on file unless specific legal action is taken to modify or annotate the record.
This means that anyone running a background check — such as a prospective employer, housing provider, or licensing board — can see your DUI conviction. Some may weigh the offense more heavily than others, but the presence of a criminal record can be enough to trigger concern or disqualification in certain industries.
For most people, the realization that a DUI follows them long after the fines are paid is a wake-up call. It’s not just about avoiding jail — it’s about understanding how that one conviction becomes a permanent part of your legal identity unless addressed through legal remedies.
Misdemeanor vs Felony DUI: What Goes on the Record?
Arizona law distinguishes between misdemeanor and felony DUI charges, and both are recorded as criminal offenses. The difference lies in the severity of the crime, the circumstances of the arrest, and the number of prior offenses on your record.
A misdemeanor DUI is the most common and usually applies to first-time offenses without aggravating factors. These are charged as Class 1 misdemeanors, which can still carry jail time, fines, and mandatory education programs. Even though misdemeanors are less serious than felonies, they are still criminal convictions and go on your permanent record.
A felony DUI — often called an Aggravated DUI — occurs under more serious conditions. Examples include having multiple prior DUIs, driving on a suspended license, or being arrested with a child in the car. These are charged as Class 4 or higher felonies, and the consequences are much more severe, including longer jail time and stricter probation requirements.
Both types of DUI will appear on your criminal record, but felony convictions carry additional long-term consequences, such as loss of voting rights, firearm restrictions, and difficulties securing housing or employment. The label of “felon” remains even after completing a sentence and can significantly limit future opportunities.
In either case, Arizona does not automatically remove or hide these charges, regardless of how much time has passed. Understanding the distinction between misdemeanor and felony DUI helps clarify just how serious even a first offense can be.
How Long a DUI Stays on Your Criminal Record in Arizona
A DUI conviction in Arizona stays on your criminal record permanently unless you take legal steps to request a set-aside. Arizona does not offer traditional expungement for adult criminal convictions, including DUI. This means the record does not automatically disappear after a certain number of years.
Arizona’s legal framework allows for a process called a set-aside, governed by A.R.S. § 13-905. If granted, the court will set aside the judgment of guilt and dismiss the charges. However, the conviction itself is still visible on your record. The set-aside simply indicates that you completed your sentence and are no longer under court supervision.
While a set-aside can help demonstrate rehabilitation and may soften the impact of the conviction in some situations, it does not erase the charge from your criminal history. Background check services, licensing agencies, and certain employers will still be able to see it.
This is especially important in professions that require clean records, such as healthcare, education, or transportation. A DUI on your record, even if set aside, can create roadblocks to employment or certification.
So, while the legal penalties might end after a year or two, the record of the conviction remains with you indefinitely — a lasting reminder of how Arizona handles DUI offenses.
The Difference Between Criminal Records and Driving Records
One area of confusion for many people is the difference between a criminal record and a driving record. In Arizona, these are maintained by separate agencies and serve different purposes, but both may reflect a DUI.
Your criminal record is maintained by the Arizona Department of Public Safety (DPS) and includes any charges, arrests, and court outcomes. This is the record used for most background checks, whether by employers, schools, or government agencies. A DUI conviction becomes part of this record and remains indefinitely unless a set-aside is granted.
Your driving record, on the other hand, is maintained by the Arizona Motor Vehicle Division (MVD). This record focuses on your history as a driver and includes points, license status, and traffic violations — including DUIs. Points from a DUI remain on your driving record for five years, while other notations, such as license suspensions, may stay visible longer.
Insurance companies typically review your MVD driving record, while employers and licensing boards are more likely to review your criminal record. However, both can have overlapping impacts. For example, a DUI that appears on your MVD record can lead to higher insurance premiums, while the criminal side can limit your career opportunities.
It’s important to know that resolving one record doesn’t automatically update the other. You must address each through its own agency and legal channels if you hope to improve how your history is reported and interpreted.
Can a DUI Be Removed from Your Record in Arizona?
Arizona does not allow expungement of adult DUI convictions. This means that a conviction cannot be completely erased from your criminal history, no matter how long ago it occurred or how clean your record has been since.
The only potential remedy under Arizona law is the set-aside process. After you’ve completed all the terms of your sentence — including probation, fines, and any required classes — you can petition the court to have the conviction set aside. If granted, the record will show that the judgment was dismissed, but the original conviction remains visible.
This is different from expungement, which fully deletes the record from view. In Arizona, a set-aside simply adds a note that the case was resolved, which may help when applying for jobs, housing, or professional licenses. However, anyone reviewing your background will still see that a DUI occurred.
In practical terms, this means that even with a set-aside, your DUI is likely to show up in criminal background checks. For those concerned about long-term consequences, it’s important to understand that Arizona’s laws are strict and limit your options for removing a DUI from public records.
FAQ
Is a DUI in Arizona considered a criminal offense?
Yes. Arizona classifies DUI as a criminal offense, either a misdemeanor or felony depending on the circumstances.
Will a DUI always show up on a background check in Arizona?
Yes. Unless a set-aside is granted, the DUI remains on your criminal record and can appear in background checks indefinitely.
What’s the difference between a DUI and an Aggravated DUI?
A standard DUI is a misdemeanor, while an Aggravated DUI is a felony and involves factors like multiple offenses or driving on a suspended license.
Can a DUI be expunged in Arizona?
No. Arizona does not offer expungement for adult DUI convictions. The best option is a set-aside, which does not remove the conviction.
Does a DUI affect both your driving and criminal record?
Yes. A DUI impacts your Arizona MVD driving record and is also recorded in your criminal history with the Department of Public Safety.
Conclusion
In Arizona, a DUI does go on your criminal record — and it stays there. The state’s legal framework treats DUI as a serious offense, whether it’s a misdemeanor or a felony. Once recorded, the conviction becomes part of your permanent criminal history and can influence everything from job applications to housing and professional licensing.
Although Arizona offers a set-aside process, it does not fully erase a DUI from your record. The conviction remains visible to background check systems and government databases. Understanding this reality is critical for anyone navigating the aftermath of a DUI charge.
To learn more about how DUI charges affect your long-term record, check out the DUI Records and Long Term Impact page or the detailed mini-guide on How Long a DUI Stays on Your Record for Arizona.