The client carried a Class 4 Felony Aggravated DUI License Suspended or Revoked for DUI conviction out of Maricopa County Superior Court. Future First filed the Application to Set Aside under ARS § 13-905 and the court granted the application in 86 days, vacating the felony DUI conviction and restoring firearm rights in the same order.
At a glance
| Original conviction | Aggravated DUI – License Suspended or Revoked for DUI (ARS § 28-1383(A)(1)), Class 4 Felony |
| Application filed | Application to Set Aside, ARS § 13-905, 2025 |
| Court | Maricopa County Superior Court |
| Result | Set Aside Granted. The felony Aggravated DUI conviction vacated, judgment of guilt dismissed, all civil disabilities lifted. |
| Rights restored | Firearm rights restored in the same order under ARS § 13-905(D). Civil rights restored. |
| Time from application to grant | 86 days from application filing to granted |
The challenge
Aggravated DUI License Suspended or Revoked for DUI under ARS § 28-1383(A)(1) is a Class 4 Felony in Arizona. The license aggravator is triggered when a DUI is committed while the driver’s license is suspended, revoked, or restricted because of a prior DUI. The offense carries mandatory prison exposure at sentencing. The felony class triggers the federal firearm prohibition that follows every felony for life.
The client had served the sentence and completed every term. The absolute discharge had issued. The years since the case were clean. The active conviction record was the last barrier between the client and full rights restoration.
What we did
Future First filed the Application to Set Aside under ARS § 13-905 in Maricopa County Superior Court. The application documented full sentence completion, the absolute discharge, the clean record since the case, full monetary compliance, and the statutory factors the court weighs under § 13-905(A). The firearm rights restoration request under § 13-905(D) was built into the same filing.
Felony Aggravated DUI set aside applications sit on the criminal motion docket alongside other felony applications. The 86-day grant cycle reflects how Maricopa County Superior Court moves a clean application when the documentation is in order and the statutory factors line up. The application held up at every step.
The judge signed the order. Set aside granted on the Class 4 Felony Aggravated DUI count. Firearm rights restored in the same order. The conviction is vacated, the judgment of guilt is dismissed, and the civil disabilities lift in full.
What our clients say
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If you have an Aggravated DUI on your record
ARS § 13-905 reaches felony Aggravated DUI convictions. The license-aggravator version under § 28-1383(A)(1) is the most common felony DUI in Arizona. The statute does not exclude the offense and the court applies the same factor analysis used on any other felony. Full sentence completion, the documented passage of time, and the statutory factors govern the outcome.
Set aside is the first piece of the cleanup on a felony DUI. Firearm rights restoration runs in the same order under § 13-905(D). The conviction record converts from active to vacated. Background checks pulling from the Arizona Public Access database return the case with the set aside notation.
Sealing under ARS § 13-911 is the next stage. The sealing wait for a Class 4 Felony is five years from judge-ordered non-financial completion. On a license-aggravator DUI, the MVD-ordered license actions do not count against the wait. The completion that matters is the judge-ordered side.
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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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