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DUI Arrest and Arizona’s New Expungement Law: Clearing Your Record Under ARS §13-911

by | Sep 4, 2025 | Blog, DUI

expungement

Being arrested for a DUI in Arizona leaves many people wondering how long the mark will follow them. Until recently, Arizona had one of the strictest approaches in the country, making it nearly impossible to erase a criminal record. The only relief available was a “set aside,” which did not remove the conviction but simply added a note that the case had been resolved. That changed when the state introduced Arizona’s new record-sealing laws under ARS §13-911.

For the first time, individuals with certain convictions, including DUI, may petition the court to have their records sealed. This means the record is hidden from public view, and in most situations, you can legally state you have not been convicted. This is an enormous shift for people hoping to move on from a mistake made years ago.

In this article, we’ll explain how DUI convictions are treated under the new expungement law, the difference between a record “set aside” and being sealed, real-world examples from Phoenix, Scottsdale, and Tempe, and how attorney Arja Shah can help you file a petition. If you have ever asked whether a DUI conviction in Arizona can be expunged, this will provide the clarity you need.

Arizona’s New Record Sealing Law: What ARS §13-911 Says

Arizona’s new expungement law, officially found in ARS §13-911, allows people who were charged with or convicted of certain crimes to petition the court to have their records sealed.

The statute says that any person who was arrested, charged, or convicted may file a petition to seal case records after a specific waiting period. Once the record is sealed, it is hidden from the general public, meaning employers, landlords, and most agencies cannot see it.

Law enforcement agencies and Arizona courts will still have access, but for everyday purposes, it is as if the conviction never existed.

This is different from traditional expungement seen in other states, which completely erases the record. Arizona’s law does not erase but rather seals the record from public view. That’s why you may see the term “record sealing or expungement” used together when discussing Arizona’s new law.

DUI Convictions and Record Sealing in Arizona

A DUI conviction in Arizona can have serious long-term effects. It can show up on background checks years after the offense, limit job opportunities, affect housing, and even impact professional licensing. Until ARS §13-911, there was no way to truly hide a DUI conviction from public view.

Now, if you were convicted of a DUI offense and meet the eligibility requirements, you may petition the court to have your DUI record sealed.

This includes misdemeanor DUI convictions and, in some cases, felony DUI convictions, depending on how much time has passed since the conviction and whether other serious crimes were involved.

For example:

  • A first-time misdemeanor DUI in Tempe where the driver completed probation and paid all fines may qualify for record sealing after the waiting period.
  • A felony aggravated DUI in Phoenix may also qualify, but only after a longer waiting period and if there are no other serious felony convictions on the person’s record.

The benefit of having your record sealed is that it prevents a past DUI from interfering with your future. This includes job applications, apartment rentals, and other areas where a criminal conviction in Arizona can be damaging.

expungement

The Difference Between “Set Aside” and Expungement

Before ARS §13-911, Arizona offered only a record set aside. Under ARS §13-905, once you completed probation or your sentence, you could request the court to “set aside” your conviction. This process did not erase or seal your criminal record. Instead, it added a notation that the case was resolved.

A set aside in Arizona can still be useful. It shows future employers or landlords that you completed all requirements and that the court recognizes you’ve moved on from the offense. However, the conviction itself remains visible on background checks.

By contrast, expungement under Arizona’s new law means the record is actually sealed from public access. If your DUI record is sealed, you can legally say you have not been convicted in most situations. This is a much stronger protection than a set aside.

In short:

  • Set Aside = Conviction still visible, but marked as resolved.
  • Record Sealed = Conviction hidden from the public and most background checks.

Real-World DUI Expungement Examples in Phoenix, Scottsdale, and Tempe

To see how this works, here are some common scenarios from Arizona cities:

  • Phoenix Example: A man was convicted of a standard DUI in 2015 after leaving a Suns game. He completed his probation, attended DUI school, and has had no other arrests. Under ARS §13-911, he may petition to have his DUI record sealed, keeping it from showing up on background checks for his new job application.
  • Scottsdale Example: A woman was convicted of an extreme DUI in Old Town Scottsdale in 2018. She served her jail time, paid her fines, and has remained sober since. Because several years have passed, and she has no additional convictions, she may qualify to have her DUI conviction sealed.
  • Tempe Example: A student was convicted of a first-time misdemeanor DUI after being pulled over near ASU. After completing probation and all court requirements, he can apply to have the DUI case sealed. This would prevent the mistake from following him into future graduate school applications or professional licensing boards.

These examples show that DUI expungement in Arizona is not just a legal technicality, but a real opportunity to rebuild a future without being haunted by a past mistake.

Waiting Periods and Eligibility for DUI Expungement

Arizona’s new law requires a waiting period before you may file a petition for expungement. The length of time depends on whether the DUI was a misdemeanor or a felony conviction.

  • Misdemeanor DUI: Generally eligible after a shorter waiting period, often a few years after all terms of the sentence are completed.
  • Felony DUI conviction: Requires a much longer waiting period, and eligibility depends on whether the offense involved serious harm or prior felony convictions.

The waiting period starts only after all conditions of the sentence are satisfied, including probation, jail time, fines, and treatment programs.

Not everyone will qualify for sealing. For example, those convicted of certain violent felonies under Arizona law cannot petition to have their records expunged in Arizona. But for many DUI cases, especially misdemeanors, you may be eligible for expungement once the waiting period passes.

Why Sealing a Record Matters for Employment and Background Checks

One of the biggest reasons people seek DUI expungement is to pass a background check. Many employers in Arizona automatically reject applicants with a criminal conviction on their record. Even if you have turned your life around, the criminal record may prevent you from moving forward.

Once a record is sealed, the conviction from your record does not appear on most background checks. This means you can pursue job opportunities, housing, or education programs without fear of being judged for a mistake in your past.

This can be life-changing. For example, a Scottsdale resident who had a DUI on his record struggled to get hired in the medical field, despite completing school. Once his record is sealed, he will be able to apply with confidence, knowing the conviction is no longer visible.

record sealing

Defense Strategies and How an Attorney Can Help With Expungement

Filing for DUI expungement in Arizona is not automatic. You must petition the court, provide all case records, and show you qualify under ARS §13-911. This is where an experienced criminal defense attorney can help.

Attorney Arja Shah has helped thousands of clients with DUI defense and criminal record issues across Maricopa County. She understands how Arizona courts review these petitions and what arguments are most persuasive.

Common defense strategies and attorney support include:

  1. Ensuring Eligibility – Reviewing your criminal histories to confirm the DUI conviction can be sealed.
  2. Filing a Strong Petition – Presenting your case records and demonstrating rehabilitation since your DUI conviction.
  3. Correcting Court Errors – Making sure your record may actually be sealed without mistakes or missing paperwork.
  4. Addressing Prosecutor Objections – Prosecutors may oppose your petition; an experienced attorney can respond effectively.
  5. Explaining the Difference Between Set Aside and Sealed – Ensuring you request the right form of relief so you don’t waste time.

Having an expungement lawyer by your side makes the process smoother and increases the chance that the court grants your petition.

FAQs About DUI Expungement in Arizona

  1. Can a DUI conviction be erased in Arizona?
     No. Arizona law does not erase records entirely. Instead, under ARS §13-911, your record may be sealed from public access, which has a similar effect for employment and housing purposes.
  2. How long do I have to wait before filing a petition for expungement?
     The waiting period depends on whether your DUI was a misdemeanor or felony. It ranges from a few years to more than a decade, depending on the offense.
  3. Is a set aside the same as expungement?
     No. A set aside simply notes that you completed the sentence. Expungement, or record sealing, actually hides the conviction from public view.
  4. Can felony DUI convictions be sealed in Arizona?
     Yes, in some cases. A prior felony conviction does not automatically disqualify you, but violent crimes and certain serious felonies cannot be sealed.
  5. Will law enforcement agencies still see my record after it is sealed?
     Yes. Police, prosecutors, and Arizona courts retain access to sealed records. But the general public and most employers will not.
  6. Do I need a criminal defense attorney to file a petition?
     While you may file a petition yourself, having a criminal defense attorney improves your chances of success. The process is technical, and missing a step may result in denial.

How Shah Law Firm Can Help

Arja Shah | Shah Law Firm

Being convicted of a DUI in Arizona can feel like a lifelong burden, but under Arizona’s new expungement laws, you may finally have relief. Attorney Arja Shah and the Shah Law Firm have helped thousands of clients charged with DUI and other criminal offenses throughout Phoenix, Scottsdale, Tempe, and the greater Maricopa County area.

With nearly 20 years of criminal defense experience and over 3,000 successful case outcomes, Arja Shah knows how to handle every stage of a DUI case, from the initial arrest to post-conviction expungement. Her experience means she understands how prosecutors think and how to present the strongest possible petition to seal your record.

Whether you are seeking to clear a misdemeanor DUI conviction in Arizona or want to explore eligibility for a felony conviction expungement, Shah Law Firm can provide clear advice and strong representation. Arja believes every client deserves a second chance, and her track record proves she delivers results.

If you are ready to move forward with a DUI expungement in Arizona, call Shah Law Firm today at (602) 560-7408 or visit arjashahlaw.com to schedule your free consultation with attorney Arja Shah.

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