Can a DUI be expunged in Arizona?

Whether a DUI can be cleared at all

A.R.S. § 13-905(A) lets every person convicted of a criminal offense apply to have the judgment of guilt set aside once the conditions of probation or sentence are fulfilled and the court has discharged them, and the exclusions in subsection P are limited to dangerous offenses, offenses requiring sex-offender registration, offenses with a finding of sexual motivation, and felonies with a victim under fifteen. A.R.S. § 13-911 separately allows a petition to seal the case records of a conviction once the sentence is complete and the waiting period for the offence class has run.

“Except as provided in subsection P of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the court to have the judgment of guilt set aside.”

The driving record is a separate record

This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.

Not cleared. A.R.S. § 13-905(D) states that a person whose judgment is set aside is released from the penalties and disabilities of the conviction except those imposed by the Department of Transportation under the listed licensing sections, and § 13-905(E)(5) states the conviction may still be used by that department as if the judgment had not been set aside. The Motor Vehicle Division states that a conviction stays on the driving record for five years from the date of conviction.

“D. If the application is granted, the court shall set aside the judgment of guilt, dismiss the complaint, information or indictment and order that the person be released from all penalties and disabilities resulting from the conviction except those imposed by: 1. The department of transportation”

What else sits on that record: suspensions and points in Arizona.

How long the wait is, and from when

A set-aside under A.R.S. § 13-905 has no separate waiting period; the application follows fulfilment of the conditions of probation or sentence and discharge by the court, although the length of time since the sentence was completed is one of the factors the court weighs. Sealing under A.R.S. § 13-911(E) requires three years after completion of the nonmonetary conditions of probation or sentence for a class 1 misdemeanor, which is how a first driving-under-the-influence offense is classified; the periods are two years for a class 2 or 3 misdemeanor, five years for a class 4, 5 or 6 felony and ten years for a class 2 or 3 felony.

“the following period of time has passed since the person completed the nonmonetary conditions of probation or sentence and was discharged by the court: 1. Ten years for a class 2 or 3 felony. 2. Five years for a class 4, 5 or 6 felony. 3. Three years for a class 1 misdemeanor.”

Automatic or by petition

Arizona has no automatic clearing law. Both routes begin with a filing: an application to set aside the judgment under A.R.S. § 13-905, which the person, their attorney or their probation officer may make, or a petition to seal case records under A.R.S. § 13-911, filed in the court of conviction. The sealing law took effect for petitions beginning January 1, 2023.

“A. A person may file a petition to seal all case records related to a criminal offense if the person was: 1. Convicted of a criminal offense and has completed all of the terms and conditions of the sentence that was imposed by the court, including the payment of all monetary obligations and”

Where it is filed, and what it costs

For a set-aside, A.R.S. § 13-905(B) states that the person, their attorney or their probation officer may apply, and that the clerk of the court may not charge a filing fee. The court weighs the nature of the offense, compliance with the sentence, prior and later convictions, victim input and restitution, time elapsed and the applicant's age. For sealing, A.R.S. § 13-911 requires the petition in the court of conviction, all fines, fees and restitution paid, and a report from the Department of Public Safety, for which the director may charge an investigation fee unless the petitioner is indigent.

“B. The person or the person's attorney or probation officer may apply to set aside the judgment. The clerk of the court may not charge a filing fee for an application to have a judgment of guilt set aside.”

Whether a cleared DUI still counts as a prior

A.R.S. § 13-905(E) states that a conviction that is set aside may still be used as a prior conviction and pleaded and proved in a later prosecution. A.R.S. § 13-911(B)(5) states that sealed case records may be used to enhance a sentence under sections 28-1381 and 28-1382, the driving-under-the-influence sections.

“B. All case records that are sealed pursuant to this section may be: … 5. Used to enhance the sentence pursuant to sections 28-1381 and 28-1382.”

The statute: A.R.S. § 13-905

“P. This section does not apply to a person who was convicted of any of the following: 1. A dangerous offense. 2. An offense for which the person is required or ordered by the court to register pursuant to section 13-3821.”