The client carried a 2022 Class 1 Misdemeanor DUI conviction. Future First filed an application to set aside the judgment under ARS § 13-905 and the Tempe Municipal Court granted both the set aside and a Certificate of Second Chance in 2026.
At a glance
| Original conviction | DUI Impaired (ARS § 28-1381(A)(1)), Class 1 Misdemeanor, 2022 |
| Application filed | Application to Set Aside Judgment, ARS § 13-905, 2026 |
| Court | Tempe Municipal Court |
| Result | Set Aside Granted With Certificate Of Second Chance |
| Rights restored | N/A (misdemeanor; no civil or firearm rights lost). Released from penalties and disabilities from the conviction other than those imposed by the Department of Transportation. Certificate of Second Chance unlocks occupational licensing, employment, and housing protections. |
| Time from filing to grant | 9 days from application filing to granted |
The challenge
A Class 1 Misdemeanor DUI conviction on an Arizona record blocks paths the average person does not see until they apply. Occupational licenses under Title 32 trigger automatic disqualifications. Employers using statewide criminal history searches stop reading after the word DUI. Landlords screen applicants on the same data and deny without explanation.
The client served the sentence years ago. Jail with most days suspended. Fines. Fees. Alcohol screening. Counseling. Every condition met. The conviction kept showing on every background pull.
What we did
Future First filed an Application to Set Aside Judgment and Request for Certificate of Second Chance under ARS § 13-905 in Tempe Municipal Court. The brief documented full compliance with every sentence term, no prior or subsequent criminal cases, and no prior Certificate of Second Chance for any other judgment.
Tempe Set Aside DUI applications work best when the application closes every door an opposing prosecutor or skeptical judge looks for. We showed sentence completion, monetary compliance, and the absence of pending matters. We tied the request to the statutory framework that allows the judge to set aside the judgment, release the applicationer from penalties and disabilities, and grant the Certificate of Second Chance.
The judge granted the application on the same review cycle. The order set aside the judgment, dismissed the accusation, and granted the Certificate of Second Chance under ARS § 13-905. The certificate releases the client from barriers to occupational licensing under Title 32 and unlocks the protections of ARS § 12-558.03 for employers and housing providers.
What our clients say
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If you have an old DUI conviction in Arizona
A Class 1 Misdemeanor DUI conviction is eligible for set aside under ARS § 13-905 once the applicationer has completed every sentencing term, paid every fine and fee, and finished probation if probation was imposed. There is no fixed waiting period for misdemeanor set asides beyond completion of the sentence.
The Certificate of Second Chance is a separate finding under the same statute. The certificate releases the applicationer from barriers to occupational licenses issued under Title 32 and provides legal protections to employers and housing providers who choose to work with the applicationer.
Set aside does not erase the conviction. It vacates the judgment, dismisses the accusation, and lets the applicationer state on most applications that no conviction stands. Department of Transportation actions tied to the original DUI remain on the driving record.
Related resources
Call us
Want to clear your record in Arizona? Call Future First Criminal Law at 602-900-6240 or request a free consultation. We have handled hundreds of Arizona record removal applications across every statute path. The cleanup is permanent and the process moves faster when handled by a firm that knows the local court.
Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona record removal law, visit the Arizona State Legislature website.
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