When Does DUI Fall Off Record?

Driving under the influence (DUI) is a serious offense in Arizona, with long-lasting consequences that extend beyond fines, penalties, and potential jail time. One of the key concerns for individuals convicted of a DUI is: when does DUI get off your record? In Arizona, the DUI record duration can have implications for employment, insurance rates, and future legal consequences.
If you are facing DUI charges or have concerns about your DUI record, schedule your free case evaluation with our experienced DUI lawyer Tucson at the Law Office of Trevor Hill.
How Long Does DUI Stay on Record in Arizona?
In Arizona, a DUI conviction becomes a permanent part of your criminal record. However, there are certain aspects of the law that allow for some relief over time, especially regarding how future offenses are treated.
The Seven-Year Look-Back Period
Arizona uses a seven-year “look-back” period when considering DUI offenses. This means that if you are convicted of a DUI, that conviction will influence how the state treats any future DUI charges for the next seven years. If you commit another DUI offense within this period, it will be treated as a repeat offense, leading to more severe penalties. After the seven years have passed, any new DUI offense will generally be treated as a first offense again, with lesser penalties.
Can You Get a DUI Conviction Sealed in Arizona?
For a long time, Arizona law considered DUI convictions permanent, with no possibility of expungement (removing the conviction from your record). However, starting in 2023, the new Arizona law ARS § 13-911 has introduced some changes. Now, there are options to have certain convictions, including DUIs, expunged, sealed, or set aside.
Sealing Records of Prior DUI Arrest
Before 2023, Arizona did not allow criminal records to be sealed, which resulted in a criminal record forever. However, recent changes to the law have made it possible to seal records for some misdemeanor and non-violent crimes, including certain DUI cases. Here’s how your DUI record might be eligible for sealing:
- If You Were Acquitted: If you were charged with a DUI but later found not guilty in court.
- If Charges Were Dismissed: If the DUI charges against you were dismissed before the case went to trial.
- If Arrested but Not Charged: If you were arrested for a DUI, but no formal charges were filed.
Waiting Periods for Record Sealing
- 10 years for class 2 and class 3 felonies
- 5 years for class 4, class 5, and class 6 felonies
- 3 years for class 1 misdemeanors
- 2 years for lower-level misdemeanors
This means that if your DUI was a misdemeanor and it falls under the appropriate category, you could potentially have your record sealed after the waiting period.
Setting Aside a DUI Conviction in Arizona
Another legal option under Arizona law is to have your misdemeanor DUI criminal conviction “set aside.” This does not completely erase the conviction, but it does remove some of the legal effects. According to Arizona Revised Statutes §13-905, when a conviction is set aside:
- The judgment of guilt is removed.
- The complaint, information, or indictment is dismissed.
- You are released from most penalties associated with the conviction.
This allows you to legally say that your case was dismissed, which can be beneficial when applying for jobs or housing.
Factors Considered for Setting Aside a Conviction
- Your Age at the Time of Conviction: Younger offenders may have a better chance of having their convictions set aside. (Note: In Arizona, the legal blood alcohol concentration (BAC) limit for a DUI is 0.08% for drivers who are 21 years of age or older.)
- Time Since the Conviction: The longer it has been since the conviction, the better your chances.
- Compliance with Sentencing: If you fully complied with all sentencing requirements, it could help your case.
- Victim Restitution: If there was a victim involved, the court will consider whether you have made restitution.
- Criminal History: The court will look at your past criminal record, including any other convictions.
- Nature of the Offense: The seriousness of the DUI offense itself will be a key factor.
- Other Relevant Factors: The court may consider any other circumstances that could impact their decision.
Notably, certain offenses can never be set aside, such as dangerous offenses, crimes requiring registration (like sex offenses), and felonies involving victims under 15 years old.
If your conviction is successfully set aside, it will no longer appear on most background checks, significantly improving your ability to find employment, secure housing, and enjoy other opportunities that might have been affected by the conviction.
DUI and Your Driving Record in Arizona
In Arizona, a DUI stays on your driving record for a set period, during which it can affect your insurance rates, driving privileges, and eligibility for certain driving-related programs.
- Driving Record Duration: A DUI conviction remains on your driving record for 5 years for most purposes, including points accumulation and insurance.
- License Suspension and Revocation: Depending on the severity of the offense (standard DUI, extreme DUI, or aggravated DUI), your driver’s license may be suspended or revoked for varying durations, affecting your driving record.
- Points on License: A DUI conviction adds points to your driving record. Accumulating too many points within a specified period can lead to additional penalties, including further suspension of your driving privileges.
DUI and Car Insurance
A DUI conviction in Arizona can lead to significantly higher auto insurance premiums. Insurance companies view drivers with DUI convictions as high-risk, leading to increased rates for several years after the offense.
- SR-22 Requirement: Following a DUI conviction, you may be required to file an SR-22 form with the Arizona Department of Transportation (ADOT) to prove that you have the state’s minimum required insurance. This requirement typically lasts for 3 years.
- Higher Premiums: Insurance premiums can increase dramatically after a DUI conviction, and this impact can last as long as the DUI remains on your driving record—typically 5 years.
Who Can Find Out About Your DUI Conviction if the Record is Active?
Law Enforcement Agencies: Police and other law enforcement officers can access your DUI conviction through criminal record databases.
Court Officials: Judges, prosecutors, and court staff can view your DUI history during legal proceedings.
Employers: Potential employers may discover your DUI conviction during background checks, depending on the job and the level of check conducted.
Insurance Companies: Auto insurance providers can access your DUI record, which may impact your rates and coverage.
Professional Licensing Boards: If you hold a professional license, the licensing board can find out about your DUI during their review process.
Landlords: Property owners may see your DUI conviction when conducting background checks for rental applications.
Educational Institutions: Colleges and universities might find out about your DUI if they conduct background checks for admissions or certain programs.
Credit Agencies: While not directly related to your credit score, DUI convictions can appear in public records that some credit agencies may access.
Legal Process Our Tucson DUI lawyer Will Pursue to Have Your DUI Record Sealed or Set Aside
Here’s the DUI expungement process our experienced DUI attorney at the Law Office of Trevor Hill will pursue to have your record sealed or set aside.
Initial Consultation
- Discuss Your Case: Our attorney will meet with you to discuss your DUI conviction, the circumstances surrounding it, and your goals for sealing or setting aside your record.
- Assess Eligibility: We will evaluate whether your DUI conviction qualifies for sealing or setting aside under Arizona law, considering factors such as the nature of the conviction and time since the offense.
Gathering Documentation
- Obtain Records: We will collect necessary documentation, including court records, proof of completion of sentencing requirements, and any evidence demonstrating compliance with the law since the conviction.
- Gather Supporting Evidence: If applicable, we will gather evidence of rehabilitation, such as certificates from treatment programs, letters of recommendation, or proof of community service.
Filing the Application
- Prepare Application: Our lawyer will prepare the appropriate legal documents required to file an application for sealing or setting aside your DUI conviction.
- File with the Court: We will file the application with the appropriate court, ensuring all procedural requirements are met.
Notification of Interested Parties
- Notify the Prosecutor: In some cases, we will notify the prosecutor’s office, which may have the opportunity to respond to your application.
- Victim Notification: If there are victims involved, the court may require their notification, allowing them a chance to voice their opinion on the petition.
Court Hearing
- Prepare for Hearing: We will prepare you for the court hearing, explaining what to expect and how to present your case effectively.
- Present Your Case: During the hearing, our attorney will present your case to the judge, emphasizing mitigating factors such as your rehabilitation efforts and time elapsed since the conviction.
Judicial Decision
- Await Ruling: After the hearing, we will await the judge’s decision regarding your application to seal or set aside your DUI record.
- Receive Court Order: If granted, the court will issue an order sealing or setting aside your conviction, effectively improving your legal standing.
Follow-Up Actions
- Update Records: We will ensure that the necessary agencies, such as law enforcement and the Arizona Department of Public Safety, update their records to reflect the sealing or setting aside of your DUI conviction.
- Advise on Future Implications: We will provide guidance on how the sealing or setting aside of your record affects future legal matters, employment opportunities, and other areas of your life.
Get Strong Legal Representation from Our Dedicated Arizona DUI lawyer
If you are facing a DUI charge, our experienced Tucson DUI attorney at the Law Office of Trevor Hill will relentlessly defend your reputation, career, and freedom. We have the legal skills, resources and a proven track record, which make us your strongest ally in this fight to get your charges dropped or your Arizona DUI penalties mitigated. To schedule your free consultation, call us at 520-231-2814 or contact us online.