Setting aside a DUI conviction in Arizona doesn’t erase it. Under A.R.S. § 13-905, the court changes the judgment’s status from a conviction to one that’s been “set aside,” and most civil rights get restored. The conviction itself stays on the record, visible to anyone who looks. Knowing what a set-aside DUI conviction Arizona case actually changes matters before deciding whether it’s worth pursuing.
Who can apply to set aside a DUI conviction
Under § 13-905(A), a person becomes eligible once they’ve fulfilled every condition of their sentence, including probation, and the court has formally discharged them. For a DUI, that means finishing any jail time, completing probation, paying fines and surcharges, and satisfying any ignition interlock or education requirement. The statute sets no fixed waiting period after discharge, though the county attorney and the judge both get a chance to weigh in first.
What a set-aside DUI conviction Arizona order actually does
A granted application changes the case status to reflect that the judgment of guilt was set aside and dismissed. Most suspended civil rights get restored, including firearm rights under § 13-905(O) in most circumstances. The court can also issue a certificate of second chance alongside the order. None of that removes the underlying record. Background checks, licensing boards, and law enforcement databases can still show the original conviction, just annotated as set aside.
What a set-aside doesn’t do for MVD purposes
This detail trips up a lot of people who apply specifically because of a DUI. A set-aside is a criminal court remedy. It doesn’t reach into MVD’s own records or reset a driving history. Prior DUI convictions still count toward enhanced sentencing on a future DUI, regardless of whether the earlier conviction was set aside. Insurance history and MVD points stay unaffected too.
How to apply for a set-aside DUI conviction in Arizona
The application goes to the Arizona Superior Court in the county where the conviction happened, and there’s no filing fee. The person convicted, their attorney, or their probation officer can file it. The prosecutor and any victim have 30 days to object, and the court can hold a hearing before deciding. A denial has to state its reasons on the record, and a person can typically reapply later.
When a set-aside isn’t available
§ 13-905(P) excludes certain convictions entirely, mostly sex offenses, mandatory registration cases, or offenses against young children. A standard DUI conviction doesn’t fall into any excluded category, which is why applications for a set-aside DUI conviction in Arizona are common. Eligibility still requires completing every condition of the original sentence first.
The bottom line
A set-aside DUI conviction in Arizona restores most civil rights and changes how the record reads, but the conviction remains part of the file and still counts toward future DUI sentencing. It’s a meaningful step for civil rights — just not a substitute for the record disappearing outright.
Frequently asked questions
No. Under A.R.S. § 13-905, the conviction stays on the record but is marked as set aside, and most civil rights are restored.
Yes. MVD records and future DUI sentencing enhancements still count the original conviction as a prior, regardless of the set-aside.
The statute sets no fixed waiting period — eligibility begins once every condition of the sentence, including probation, is complete.
No. A.R.S. § 13-905 specifically prohibits the clerk of the court from charging a filing fee for this application.
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This article explains Arizona’s set-aside process under A.R.S. § 13-905. It is general information, not legal advice. Eligibility and outcomes depend on the specific facts of the case — confirm with a qualified attorney.