Clearing a DUI in Arizona: Set-Aside and Record Sealing, Explained

The set-aside (A.R.S. § 13-905)

Once you complete every term of the sentence — jail, fines, classes, probation, interlock — you can apply to the sentencing court to set aside the conviction. Granted, the judgment of guilt is vacated and the record shows the case was dismissed after conviction was set aside. The conviction remains visible, but its legal effect is released, and a Certificate of Second Chance can restore eligibility for some licenses. Courts weigh compliance and time passed; a clean record since sentencing is the strongest argument.

Record sealing (A.R.S. § 13-3926)

Sealing goes further: granted, the case records are sealed from public view, and in most contexts you may lawfully state you were not convicted. For a misdemeanor DUI the waiting period is measured in years after sentence completion, and eligibility requires no new convictions in the interim. Sealed does not mean erased — law enforcement, prosecutors, and certain licensing contexts can still see it — but for employment and housing checks it is close to the fresh start people are actually seeking.

What neither tool touches

• The MVD record — the DUI stays on your driving record and insurers price accordingly for years
• Prior-offense counting — a set-aside or sealed DUI still counts as a prior if you are charged again within 7 years
• Out-of-state and federal databases already holding the conviction

The practical sequence: set-aside as soon as the sentence completes, sealing when the waiting period runs. Both are petitions a court can deny, and the filings are stronger with counsel than off a form. If the DUI case is still open, the far better investment is the defense itself — see the Arizona DUI defense page and the first-offense guide.