How long is a DUI on your record in Arizona? A DUI conviction stays on your Arizona criminal record permanently unless a court seals it under A.R.S. 13-911 or sets it aside under A.R.S. 13-905. It also counts as a prior offense for 84 months and stays on your MVD driving record for years, with eight points attached.
This guide from The Law Office of Joshua A. Lopez, LLC separates the three records a DUI touches, explains what each one means for background checks, insurance, and professional licenses, and walks through the waiting periods for sealing. If you were arrested in Scottsdale or elsewhere in Maricopa County, our Scottsdale DUI lawyer team can explain your options in a free consultation.
Key Takeaways
- A DUI conviction never falls off your Arizona criminal history on its own; you must seal it under A.R.S. 13-911 or set it aside under A.R.S. 13-905.
- Arizona has no true DUI expungement, so the record is never destroyed, but sealing hides it from most background checks.
- A second DUI within 84 months (seven years) is treated as a repeat offense under A.R.S. 28-1381, so the prior conviction counts for the full seven years regardless of sealing.
- ADOT MVD’s FAQ states that a conviction stays on your driving record for five years from the conviction date, and a DUI adds eight points to that record.
- The sealing waiting period for a class 1 misdemeanor DUI is three years after you finish your sentence; for a class 4 or 6 felony aggravated DUI, it is five years.
- A set-aside does not remove the conviction but marks it as dismissed, which helps with employers, landlords, and licensing boards.
Does a DUI stay on your criminal record forever in Arizona?
Yes, unless you take action. A DUI conviction in Arizona is part of your criminal history maintained by the Arizona Department of Public Safety and the court that convicted you. There is no automatic removal date. A 1998 conviction can still appear on a fingerprint-based background check today.
Arizona also does not offer true expungement for DUI, meaning the record is never physically destroyed. The state’s expungement statute covers only certain marijuana offenses. We explain that distinction in our post on whether you can get a criminal record expunged in Arizona. Arizona offers two remedies that change how the conviction appears: sealing under A.R.S. 13-911 and setting aside under A.R.S. 13-905. Each has its own rules, which we cover below.
How long does a DUI count as a prior offense in Arizona?
A DUI counts as a prior offense for 84 months, which is seven years. Under A.R.S. 28-1381, a second DUI within 84 months of a prior DUI, extreme DUI, or aggravated DUI conviction carries at least 90 days in jail, a fine of at least $500, and a one-year license revocation, compared with a 10-day minimum for a first offense.
How the 84-month lookback works
- The window is generally measured between the dates of the offenses, not the conviction dates.
- Out-of-state DUI convictions count if the conduct would have been a DUI in Arizona.
- A third DUI within 84 months becomes aggravated DUI, a class 4 felony under A.R.S. 28-1383.
- Sealing does not stop the lookback. A.R.S. 13-911 specifically allows a sealed conviction to enhance the sentence for a later DUI.
For practical purposes, a DUI stays “active” in the eyes of Scottsdale City Court, Phoenix Municipal Court, Maricopa County Justice Courts, and the Maricopa County Superior Court for seven full years.
How long does a DUI stay on your MVD driving record in Arizona?
Your driving record is a separate file kept by the Arizona Department of Transportation Motor Vehicle Division. The MVD’s official FAQ states that a conviction stays on your record for five years from the date of conviction. That FAQ does not single out DUI, so the five-year figure is the general rule for conviction entries on an Arizona motor vehicle record.
Points, insurance, and suspensions
- A DUI or extreme DUI conviction adds eight points to your driving record, the highest point value the MVD assigns.
- Eight or more points in any 12-month period can trigger mandatory Traffic Survival School or a driving privilege suspension of up to 12 months.
- When an insurance company requests your motor vehicle record, the MVD provides convictions showing within the past 39 months, so a DUI typically affects your rates for at least that long.
- The DUI also triggers its own MVD actions, including the Admin Per Se or implied consent suspension and an ignition interlock requirement of 12 months or longer.
Sealing or setting aside your criminal conviction does not change your MVD record. A.R.S. 13-905 specifically preserves the Department of Transportation’s authority over your driving privilege even after a set-aside.
Can you get a DUI expunged in Arizona?
No, not in the traditional sense. Arizona has no general DUI expungement statute, so the record cannot be destroyed. The closest options are sealing, which hides the record from the public and most employers, and a set-aside, which marks the conviction as dismissed.
Sealing a DUI under A.R.S. 13-911
Sealing became available in Arizona at the end of 2022. Under A.R.S. 13-911, a person convicted of an offense may petition the court to seal all case records once the waiting period has passed and all fines, fees, and restitution are paid. DUI is not on the statute’s list of ineligible offenses, so most misdemeanor and felony DUI convictions qualify.
Once sealed, you may lawfully state on most job, housing, and loan applications that you were never arrested for or convicted of the offense. The statute lists exceptions, including applications for law enforcement jobs, fingerprint clearance cards, and jobs that involve driving when the sealed offense was a DUI under A.R.S. 28-1381 or 28-1382. Courts, prosecutors, police, and a few agencies can still see the sealed file.
Setting aside a DUI under A.R.S. 13-905
A set-aside under A.R.S. 13-905 is available after you complete probation or your sentence and the court discharges you. The judge weighs the nature of the offense, your compliance with the sentence, any other convictions, and the time that has passed. If granted, the court sets aside the guilty judgment, dismisses the charge, and releases you from most penalties and disabilities of the conviction.
The conviction remains visible, with a notation that it was set aside. For misdemeanors, the court also issues a certificate of second chance, which limits what employers and landlords can use against you and removes some occupational licensing barriers. The firm’s post on set aside vs. sealing in Arizona compares the two remedies in detail.
What are the sealing waiting periods for a DUI in Arizona?
The waiting period depends on the offense class. Under A.R.S. 13-911, the clock starts when you complete all non-monetary terms of your sentence and the court discharges you, not on the arrest or conviction date.
Waiting periods by offense class
- Class 2 or 3 felony: 10 years after you complete your sentence.
- Class 4, 5, or 6 felony, which includes aggravated DUI: 5 years.
- Class 1 misdemeanor, which includes standard, extreme, and super extreme DUI: 3 years.
- Class 2 or 3 misdemeanor: 2 years.
A prior felony conviction can add years to these periods, and a new conviction while you wait resets the analysis. For a typical first-offense DUI in Scottsdale with a one-year interlock and a short probation term, the earliest realistic sealing date is often four to five years after the arrest. Our Scottsdale record-sealing attorneys can calculate your eligibility date from your court file.
How does a DUI record affect background checks, insurance, and licensing?
A DUI shows up in different places depending on who is looking and which record they pull. Understanding the three records helps you predict what each party will see.
Employment background checks
Most private employers use commercial background check companies that pull court records and DPS criminal history. An unsealed DUI conviction will appear. After sealing, it generally won’t appear, except for statutory exceptions for law enforcement, fingerprint clearance, and driving-related jobs.
Auto insurance
Insurers look at your MVD record, not your criminal history. Because the MVD provides convictions from the past 39 months to insurers, expect rate increases for at least that long. Many carriers also require an SR-22 certificate of financial responsibility after a DUI suspension.
Professional licensing
Boards for nurses, teachers, real estate agents, contractors, and attorneys often ask about convictions and may require disclosure even if the conviction was set aside. A certificate of second chance under A.R.S. 13-905 limits some licensing barriers, but it does not erase the duty to answer truthfully when a board asks.
Housing, loans, and travel
Landlords and lenders typically run the same commercial checks as employers. Separately, some countries, including Canada, treat DUI as a serious offense for entry purposes, and sealing in Arizona does not change how a foreign government views the conviction.
How to Prepare to Clean Up a DUI Record
At The Law Office of Joshua A. Lopez, LLC, we see the sealing and set-aside process go faster when clients arrive with the right paperwork. Here is how to prepare.
- Pull your complete case history. Request the docket from the court that handled your DUI, whether that was Scottsdale City Court, Phoenix Municipal Court, a Justice Court, or Superior Court.
- Confirm every term of the sentence is finished. That includes jail or home detention, probation, alcohol screening and treatment, Traffic Survival School, community restitution, and the ignition interlock period.
- Pay every dollar you owe. A.R.S. 13-911 requires you to pay all fines, fees, and restitution before sealing, and unpaid balances are the most common reason petitions stall.
- Get your DPS criminal history and your MVD record. These show you exactly what employers and insurers will see, and they reveal any other entries that may need attention.
- Decide between sealing, a set-aside, or both. Many clients pursue a set-aside first because it has no waiting period after discharge, then file for sealing when the three-year or five-year period ends.
- Expect the prosecutor and any victim to receive notice. They have 30 days to object to a set-aside, and the court can set a hearing.
Frequently Asked Questions
Does a DUI ever go away in Arizona?
No. A DUI conviction stays on your Arizona criminal record permanently unless a court seals it under A.R.S. 13-911 or sets it aside under A.R.S. 13-905. The conviction also counts as a prior offense for 84 months, and the MVD keeps it on your driving record for years.
How long does a DUI affect insurance in Arizona?
The Arizona MVD provides insurers with convictions on your driving record from the past 39 months, so most drivers see higher premiums for at least that period. ADOT’s FAQ states that a conviction remains on your record for five years from the conviction date. Each carrier sets its own rules, so the actual rate impact varies.
Can you get a DUI expunged in Arizona?
Not in the traditional sense, because Arizona has no general DUI expungement statute. You can petition to seal the record under A.R.S. 13-911 after a three-year wait for a misdemeanor or a five-year wait for a felony, or ask the court to set aside the conviction under A.R.S. 13-905 after you complete your sentence.
How long do you have to wait to seal a DUI in Arizona?
For a Class 1 misdemeanor DUI, extreme DUI, or super extreme DUI, you must wait three years after completing all non-monetary terms of your sentence. For a Class 4 or Class 6 felony aggravated DUI, you must wait five years. You must pay all fines, fees, and restitution before you file.
Is a DUI in Arizona a misdemeanor or felony on your record?
Most Arizona DUIs are class 1 misdemeanors under A.R.S. 28-1381 and 28-1382, and they appear as misdemeanors on your record. Aggravated DUI under A.R.S. 28-1383 is a felony, usually class 4, and it appears as a felony conviction that also suspends civil rights until they are restored.
Will a sealed DUI still count if I get another DUI?
Yes. A.R.S. 13-911 allows a sealed conviction to enhance the sentence for a later offense, and A.R.S. 28-1381 counts prior DUIs over an 84-month window. If the new offense happens within seven years of the first, the sealed DUI can still make the new charge a repeat offense.
Ready to Find Out How Long Your DUI Will Follow You? Talk to Us
How long is a DUI on your record in Arizona? It stays on your criminal record unless you seal it or set it aside; for sentencing purposes, it counts for seven years, and it can count as eight points on your MVD record for several years. Each timeline has its own rules, and the sooner you plan, the sooner the record stops affecting your job, insurance, and license.
The Law Office of Joshua A. Lopez, LLC helps drivers across Scottsdale, Phoenix, Tempe, and Mesa fight new DUI charges and clean up old ones. Visit our Scottsdale DUI defense page to learn how we handle these cases, then schedule your free consultation to get a clear timeline for your record.
