Can You Get a DUI Expunged in Arizona?

Dealing with a DUI conviction can be life-changing, affecting your job prospects, housing options, and personal reputation. Many people wonder if they can wipe this mistake from their record in Arizona. Good news came in 2023 when Arizona enacted new laws regarding expungement. Under Arizona law (A.R.S. § 13-911), certain DUI convictions can now be expunged, though eligibility requirements must be met.

While Arizona previously only offered "setting aside" convictions (which didn't remove the record but noted the conviction was set aside), the state now provides true expungement options in specific cases. This change gives many Arizonans with DUI convictions hope for a fresh start without their past mistakes following them forever.

We understand how a DUI conviction can create lasting barriers in your life. The possibility of expungement offers a path toward removing these obstacles and moving forward with better opportunities for employment, housing, and personal peace of mind.

Key Takeaways

• Arizona now allows expungement of certain DUI convictions under A.R.S. § 13-911, enacted in 2023.
• Eligibility for DUI expungement depends on specific requirements and circumstances of your case.
• The expungement process can give you a fresh start by removing the conviction from your public record.

Understanding Expungement in Arizona

Arizona's approach to clearing criminal records differs from many other states. The state offers specific pathways to address past convictions while maintaining public safety.

Definition and Purpose

Expungement is the legal process of clearing a criminal conviction from your record. In Arizona, this process has historically been called "setting aside" a conviction rather than true expungement. The purpose is to help those who have paid their debt to society move forward without the ongoing burden of a criminal record.

When a conviction is expunged or set aside, it can help with employment opportunities, housing applications, and restoring certain civil rights. However, an expunged record doesn't completely disappear in Arizona's system. Law enforcement and courts can still access the information, but the conviction shows as set aside.

Arizona's Expungement Laws

Arizona's laws regarding expungement have evolved recently. Prior to 2023, Arizona didn't offer true expungement but only had the "set aside" option under A.R.S. § 13-907. Now, under A.R.S. § 13-911, some cases qualify for actual expungement.

For DUI cases specifically, the options depend on several factors. Adult DUI convictions typically qualify for the set-aside process rather than full expungement. Juvenile DUI cases may be eligible for actual expungement.

To qualify for a set-aside, you must:

• Complete all terms of your sentence
• Pay all fines and restitution
• Finish probation successfully
• Wait any applicable time periods

Each case is unique, and the court has discretion in granting these requests. We recommend consulting with an attorney who specializes in Arizona DUI law to evaluate your specific situation.

Eligibility Requirements for DUI Expungement

Arizona law has recently changed regarding DUI record expungement. As of 2023, certain individuals may qualify to have their DUI records expunged under A.R.S. § 13-911, though specific requirements must be met.

Misdemeanor DUI versus Felony DUI

Misdemeanor DUIs generally have a better chance of being eligible for expungement than felony DUIs. First-time misdemeanor DUI offenders typically face less restrictive eligibility requirements. The severity of the offense plays a major role in determining eligibility.

Felony DUIs, such as aggravated DUIs or those involving serious injuries, face stricter scrutiny. These cases often involve:

• Multiple DUI offenses within a short period
• Extremely high blood alcohol content
• DUI with a suspended license
• DUI with a minor in the vehicle

Your criminal history is also considered. If you have other violent crimes on your record, this may impact your eligibility for DUI expungement.

Waiting Period and Conditions

A specific waiting period must pass before you can apply for DUI expungement. This typically includes:

• Completion of all court-ordered penalties
• Payment of all fines and restitution
• Fulfillment of any probation requirements
• Completion of required alcohol education programs

The waiting period generally ranges from 2-5 years after completing your sentence, depending on the severity of the offense. During this time, you must maintain a clean record with no new criminal offenses.

All court-mandated conditions must be satisfied before applying. We recommend keeping documentation showing you've completed all requirements, as this will strengthen your petition for expungement.

The Expungement Process in Detail

The DUI expungement process in Arizona involves several critical steps that must be followed carefully. Understanding the petition requirements, documentation, and court procedures will significantly improve your chances of success.

Petition for Expungement

To begin the expungement process, you must file a petition with the court where your DUI conviction occurred. This petition must include specific information about your case, including the date of arrest, case number, and charging information.

Under A.R.S. § 13-911, not all DUI convictions qualify for expungement. Eligibility typically depends on:

• The severity of the offense
• Time passed since completing your sentence
• Your criminal history since the DUI
• Whether you've fulfilled all court-ordered requirements

We recommend waiting at least 3-5 years after completing your sentence before applying. This demonstrates to the court that you've maintained good behavior and reformed since the incident.

Required Documentation and Fees

Proper documentation is crucial for a successful expungement petition. You'll need to gather:

• Certified court records of your conviction
• Proof of completion of all sentence requirements (probation, alcohol education programs, fines)
• Criminal history report from the Arizona Department of Public Safety
• Character references (optional but helpful)

The filing fee for an expungement petition in Arizona typically ranges from $100-$300, depending on the court. Fee waivers may be available for those who demonstrate financial hardship.

Be sure to make copies of all documents before submission, as these records will become part of your permanent case file.

Court Hearings and Legal Representation

After filing your petition, the court will schedule a hearing date. The prosecutor has the right to object to your expungement request, making proper preparation essential.

Having legal representation significantly improves success rates. An experienced DUI defense lawyer can:

• Present your case effectively to the judge
• Counter any prosecutor objections
• Highlight rehabilitation efforts since your conviction
• Navigate complex legal requirements

At the hearing, be prepared to explain why the expungement should be granted and how it will benefit your future. Dress professionally and speak respectfully.

If approved, the court will issue an order sealing your DUI records from public view. This process typically takes 30-90 days to complete once the order is signed.

Life After Expungement

Getting a DUI expunged in Arizona can significantly change your life. The benefits touch many areas, from job prospects to housing opportunities and the restoration of certain rights.

Impact on Background Checks

Once your DUI is expunged or set aside in Arizona, it can dramatically change how your criminal record appears during background checks. While the record isn't completely erased, it will show that the conviction has been set aside or expunged.

Most employers who conduct background checks will still see the arrest, but they'll also see that the court has officially recognized your rehabilitation. This can make a significant difference in how potential employers view your application.

Some specialized background checks, particularly for sensitive positions in law enforcement or childcare, may still consider the original offense. However, you can legally answer "no" to questions about convictions on many applications if your record has been expunged.

Opportunities in Employment, Education, and Housing

With an expunged DUI, many doors that were previously closed may open. Employers are often more willing to hire someone whose record shows rehabilitation through expungement.

Educational institutions typically look more favorably on applicants with expunged records. This can be particularly important for programs in healthcare, education, and other fields that require professional licensing.

Housing opportunities also improve. Many landlords run background checks, and an expunged DUI can mean the difference between approval and rejection. This fresh start allows you to move forward without the stigma of a criminal conviction.

Professional licensing boards often consider expunged records differently than active convictions, making career advancement more achievable.

Restoration of Rights

Expungement or setting aside a DUI conviction in Arizona can restore important rights that were limited by your conviction. This includes the right to serve on a jury and hold certain public offices.

If your driver's license was suspended, the expungement process doesn't automatically restore it. You'll need to work with the Arizona Department of Transportation separately to address license reinstatement.

For those with juvenile expungement, the benefits are even more significant as it provides a truly clean slate for adulthood. The process creates a legitimate fresh start without the burden of youthful mistakes.

While expungement doesn't restore gun rights in Arizona (this requires a separate process), it does remove many other barriers to full civic participation. We've seen clients experience profound relief after completing this process, allowing them to move forward with their lives unburdened by past mistakes.