How long a DUI stays on your record in Arizona
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Two records, two answers. On the driving record: set-aside does not affect the ADOT driving record. On the criminal record: permanent, but it can be set aside and later sealed.
The practical route in Arizona is layered: apply for the set-aside as soon as the sentence is complete, since there is no waiting period beyond discharge, then apply to seal once the § 13-911 waiting period has run. The set-aside is what licensing boards look at; the sealing is what removes the case from ordinary background checks.
| Question | Answer in Arizona |
|---|---|
| On the driving record | Set-aside does not affect the ADOT driving record |
| On the criminal record | Permanent, but it can be set aside and later sealed |
| Expungement or sealing | Only in limited circumstances |
| Counts against a later offence | Arizona counts prior offences over an 84-month window for sentencing purposes. |
| Source | Arizona Revised Statutes § 13-905 · Maricopa County Superior Court, set aside, expunge or seal · checked 2026-09-06 |
Can it be cleared in Arizona?
Arizona has no general expungement. It has two other remedies. A set-aside under § 13-905 vacates the judgment of guilt, dismisses the charge and releases you from the penalties and disabilities of the conviction — but the record stays public with a notation. Sealing under § 13-911, in force since 1 January 2023, restricts public access to the case file itself.
Of the 15 states in this layer, 8 close the door on a conviction entirely, while Kansas will expunge one after a waiting period. So the blanket advice you find online — that a DUI can never be cleared, or that it always can after seven years — is wrong in both directions depending on where you were convicted.
The part of the Arizona rule that catches people
A set-aside is not an erasure, and the statute says so twice over: the Department of Public Safety must annotate the criminal history rather than redact it, and no law enforcement agency can be required to remove anything. A set-aside conviction still counts as a prior if you are arrested again inside the 84 months.
Why the answer is always two answers
The driving record is kept by the licensing agency to decide licences, insurance surcharges and how hard to punish a second offence. The criminal record is kept by the courts and the state police to answer background checks. They are created at different moments, governed by different statutes, and cleared — where they can be cleared at all — by different procedures.
That is why someone can be told truthfully that their conviction was “dismissed” and still fail a driving-job screening years later. If the job involves a vehicle, the record that matters is the one at the DMV.
What else is still running in Arizona
The record outlasts every other obligation, which is why it is worth checking last rather than first. The programme, the filing and the device all end on their own clocks.
Arizona DUI law in full → · Class requirements in Arizona → · Insurance filing rules in Arizona → · How records work everywhere →
Record questions in Arizona
How long does a DUI stay on your record in Arizona?
On the driving record, set-aside does not affect the ADOT driving record. On the criminal record, permanent, but it can be set aside and later sealed. Those are two separate archives kept by two different agencies, and the answer people are usually given conflates them.
Can a DUI be expunged in Arizona?
Only in limited circumstances. Arizona has no general expungement. It has two other remedies. A set-aside under § 13-905 vacates the judgment of guilt, dismisses the charge and releases you from the penalties and disabilities of the conviction — but the record stays public with a notation. Sealing under § 13-911, in force since 1 January 2023, restricts public access to the case file itself.
How long does a prior DUI count against you in Arizona?
Arizona counts prior offences over an 84-month window for sentencing purposes. That window is a separate question from how long the record is visible — a conviction can stop counting for sentencing while remaining perfectly visible to an employer.
Will a DUI show up on a background check in Arizona?
It depends which check. A criminal-history search looks at the court record; an employer who pulls a motor vehicle record sees the driving record instead, and those clear on different schedules. In Arizona the driving record holds it set-aside does not affect the ADOT driving record, which is why driving jobs keep asking about it long after the case is closed.
Does clearing the court record clear the driving record in Arizona?
No, and that assumption is the single most common mistake in this area. The two are held by different agencies under different statutes; an order aimed at one does not bind the other unless the statute says so explicitly. In Arizona: a set-aside is not an erasure, and the statute says so twice over: the Department of Public Safety must annotate the criminal history rather than redact it, and no law enforcement agency can be required to remove anything. A set-aside conviction still counts as a prior if you are arrested again inside the 84 months.
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.