Arizona DUI Expungement & Record Sealing
Learn whether you can expunge or seal your DUI record in Arizona, eligibility requirements, waiting periods, and the step-by-step process.
Understanding Arizona Expungement vs. Sealing
Expungement
Complete removal of the arrest and conviction from your criminal record. In most states, you can legally deny the arrest ever occurred.
- Record physically destroyed or removed
- Won't appear on background checks
- Can legally deny arrest/conviction
Record Sealing
Record still exists but is hidden from public view. Some government agencies and employers may still access it.
- Hidden from most background checks
- Record still exists in system
- Some agencies can still view it
Note for Arizona: Arizona may use different terminology such as "set aside," "dismissal," "nondisclosure," or "certificate of rehabilitation." The effect and availability vary by state. Consult a local attorney for precise guidance on Arizona law.
Eligibility for Arizona DUI Expungement
General Eligibility Requirements
Completed Sentence
All jail time, probation, fines, restitution, and court-ordered programs must be fully completed. No pending charges or active warrants.
Waiting Period
Most states require a waiting period after completion of your sentence. This varies widely:
- • First offense: Typically 3-10 years after completion
- • Multiple offenses: May not be eligible for expungement
- • Felony DUI: Longer waiting period or ineligible
Clean Record Since Conviction
No new criminal convictions (especially alcohol or drug-related) during the waiting period. Traffic violations typically don't count, but check your state law.
Type of Conviction
Eligibility depends on the specific charge:
- • Dismissed charges: Usually eligible immediately
- • First offense misdemeanor: Often eligible after waiting period
- • Second+ offense: May be ineligible in most states
- • Felony DUI: Rarely eligible for expungement
- • Injury/death involved: Typically ineligible
Important: Eligibility requirements vary significantly by state and even by county within Arizona. Some states don't allow DUI expungement at all. Consult with a local attorney to determine your specific eligibility.
The Expungement Process in Arizona
Obtain Your Criminal Record
Request a certified copy of your criminal record from the Arizona state police or court where you were convicted. This ensures you have accurate information about your case, including case numbers and conviction dates.
Verify Eligibility
Confirm that you meet all eligibility requirements: sentence completed, waiting period satisfied, no new convictions, all fines paid. An attorney can help verify eligibility and increase success chances.
File Petition
File a petition for expungement/sealing with the court that handled your case. Required documents typically include:
- • Petition for expungement form (state-specific)
- • Certified copy of criminal record
- • Proof of sentence completion
- • Filing fee (varies $100-500)
- • Supporting affidavits or character references
Serve Prosecution
Serve notice of your petition to the prosecutor's office and any other required parties (police department, DMV, etc.). The prosecution has the right to object to your petition.
Attend Hearing (If Required)
Some states require a court hearing where you (or your attorney) present your case. The judge will consider factors like rehabilitation, employment, family circumstances, and community ties. The prosecution may present objections.
Receive Order & Notify Agencies
If granted, the court will issue an expungement/sealing order. Send certified copies to all relevant agencies (police, DMV, FBI, background check companies) to ensure the record is properly sealed or removed.
Timeline:
The entire process typically takes 4-8 months from filing to final order. Complex cases or objections from the prosecution can extend this significantly. Having an attorney can expedite the process and improve chances of approval.
Costs of Expungement
DIY (Do It Yourself)
⚠️ Low success rate without legal help. Risk of errors and denial.
With Attorney
✓ Higher success rate. Attorney handles all paperwork, objections, and hearing.
What Expungement Does (and Doesn't) Do
What It DOES
- ✓Removes record from most background checks
- ✓Allows you to legally deny conviction (usually)
- ✓Improves employment and housing prospects
- ✓Restores certain rights (voting, firearms, etc.)
- ✓Protects privacy from public searches
What It DOESN'T Do
- ✗Remove record from DMV/driving history
- ✗Erase insurance surcharges already applied
- ✗Prevent prosecution use if arrested again
- ✗Hide from immigration/federal background checks
- ✗Guarantee automatic approval
Ready to Clear Your DUI Record?
Expungement can restore your opportunities and remove the burden of a criminal record. Consult with an experienced attorney to determine your eligibility and navigate the process.