Phoenix DUI Expungements Lawyer (DUI Set-Asides and Record Seals)

1. Can You Expunge a DUI in Arizona? Understanding the Set-Aside Process

In Arizona, there’s no true “expungement” for DUI convictions. Instead, eligible individuals can petition the court under A.R.S. § 13-905 to have their conviction “set aside.”

A set-aside:

• Dismisses the judgment of guilt and releases you from penalties
• Leaves the record visible to law enforcement, the courts, and some licensing boards
• Updates the record to show the case has been dismissed after completion of sentence

Why this matters: Employers or landlords may view a set-aside far more favorably than an open conviction. But it is not the same as erasing the record.

2. Who Qualifies for a DUI Set-Aside in Arizona?

Courts look at several factors when deciding:

• Completion of all sentencing requirements – jail/home detention, counseling, fines, probation
• Clean post-conviction record – no new offenses or pending charges
• Proof of rehabilitation – steady work, sobriety, positive community involvement

Local insight: In Maricopa County, some municipal courts (e.g., Phoenix, Scottsdale) have their own preferred petition forms and may scrutinize DUI cases more closely if they involved high BAC levels or accidents.

3. Appellate Guidance on Set-Asides

Two important Arizona appellate decisions shape how courts view § 13-905 petitions:

• State v. Hall, 234 Ariz. 374 (App. 2014) – Clarified that a set-aside does not erase a conviction but changes its legal status, and it still counts as a prior for sentencing.
• State v. Key, 256 Ariz. 547 (App. 2024) – Confirmed that the court has broad discretion to deny a set-aside if rehabilitation is not shown, even if all terms are technically complete.

4. Hypothetical Example: How the Law Applies

Scenario:

Maria, a nurse in Phoenix, had a misdemeanor DUI three years ago. She completed jail time, installed an ignition interlock for 12 months, paid all fines, and hasn’t reoffended. Her hospital’s HR department flagged the conviction during a license renewal check.

How we’d approach it:

We’d gather proof of completion, employer recommendations, and evidence of sobriety. In our petition, we’d address how her rehabilitation reduces any risk to the public, making her an excellent candidate for a set-aside.

5. How Felony vs. Misdemeanor DUI Affects Your Petition

• Misdemeanor DUI (§ 28-1381) – Most first-time DUIs; petitions are often granted if terms are met and rehabilitation is shown.
• Felony DUI (§ 28-1383) – Involves aggravating factors like driving on a suspended license or having a child in the car. These face more scrutiny, and you may also need to separately restore civil rights (e.g., voting, firearm possession).

6. Inside Knowledge: Navigating Maricopa County DUI Set-Asides

From handling DUI cases across Phoenix, Scottsdale, Mesa, Chandler, and Glendale, I’ve seen these local patterns:

• Some judges prefer seeing at least 12 months of clean behavior after probation before granting relief.
• In courts like Scottsdale City Court, well-prepared letters of support carry weight.
• Prosecutors rarely oppose if the DUI is years old and all obligations are met—but they may file objections if BAC was extreme or there was an accident.

7. Tactics We Use to Strengthen Your Petition

• Pre-petition audit: We review your court and MVD records to confirm all requirements are satisfied.
• Support package: We include employment records, treatment completion certificates, and character letters.
• Tailored legal argument: We address any aggravating facts directly and demonstrate rehabilitation.
• Anticipating objections: We prepare responses to possible prosecutor concerns before filing.

8. The DUI Set-Aside Process – Step by Step

1. Confirm eligibility – review judgment, sentence, and compliance.
2. Gather documents – proof of completion, payment receipts, letters of support.
3. File petition in the court where conviction occurred.
4. Serve prosecutor – they may respond in writing.
5. Hearing (if required) – present evidence and arguments.
6. Court decision – if granted, the record is updated to “set aside/dismissed.”

9. Hypothetical: Avoiding Common Pitfalls

Scenario:

James applies for a set-aside right after probation ends but still owes $200 in restitution. The judge denies the petition.

Lesson:

Unpaid obligations are one of the most common—and avoidable—reasons for denial. We ensure all financial terms are met before filing.

10. Key Takeaways

• Arizona does not offer DUI expungement—only set-aside under § 13-905.
• The record is updated, not erased; MVD history remains unchanged.
• Strong petitions focus on rehabilitation and compliance.
• Local court practices matter; knowing them increases success rates.

Contact Arizona Justice Law Group

If you’re ready to clear your record and move forward:

📞 Call (602) 730-1756

📧 Email ArizonaJusticeLawyer@gmail.com

Contact Arizona Justice Law