The client carried a Class 4 Felony Aggravated DUI Third Offense conviction, an associated Class 6 Felony Endangerment count, and a Class 1 Misdemeanor DUI Impaired count out of Maricopa County Superior Court. Future First handled the set aside under ARS § 13-905 and then filed the sealing application under ARS § 13-911. The court granted the sealing application in 194 days, closing the felony DUI file to public access.
At a glance
| Original conviction | Aggravated DUI Third Offense (ARS § 28-1383(A)(2)), Class 4 Felony; Endangerment (ARS § 13-1201), Class 6 Felony; DUI Impaired (ARS § 28-1381(A)(1)), Class 1 Misdemeanor |
| Application filed | Application to Seal Criminal Case Records, ARS § 13-911, 2025 (paired set aside granted same year under ARS § 13-905) |
| Court | Maricopa County Superior Court |
| Result | Sealing Record Granted. All records relating to arrest, conviction, and sentence sealed. |
| Rights restored | Firearm rights restored under ARS § 13-905(D) in the paired set aside order. Civil rights restored. |
| Time from filing to grant | 194 days from application filing to granted |
The challenge
A Class 4 Felony Aggravated DUI Third Offense conviction sits at the top of the DUI severity ladder in Arizona. The case also carried a Class 6 Felony Endangerment count and a Class 1 Misdemeanor DUI Impaired count. Even after the set aside under ARS § 13-905, the case file remained accessible in the public-record system. Background checks still surfaced the felony DUI history because set aside vacates the conviction without removing the case from view.
Sealing was the next step. ARS § 13-911 closes public access to the arrest, prosecution, conviction, and sentencing records once the wait runs and the court grants the application.
What we did
Future First filed the Application to Seal Criminal Case Records under ARS § 13-911 in Maricopa County Superior Court. The brief established the three core points: the offense is eligible for sealing under § 13-911, the applicant completed every sentencing term and paid every monetary obligation, and sealing serves the applicant and the public’s safety.
For a Class 4 Felony, the sealing wait runs five years from judge-ordered non-financial completion. We documented the completion date, ran the math, and showed the wait had run. We attached the set-aside order, the case docket, the sentence-completion documentation, and the Arizona Department of Public Safety report.
The court reviewed the package, entered findings under § 13-911, and granted the application 194 days after filing. The Clerk sealed all records relating to the arrest, conviction, and sentence.
What our clients say
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If you have a felony Aggravated DUI on your record
A Class 4 Felony Aggravated DUI conviction is eligible for sealing under ARS § 13-911 five years after completion of judge-ordered non-financial sentencing conditions. The MVD-ordered ignition interlock and license actions do not start the clock. Only the judge-ordered non-financial conditions count.
A set aside under ARS § 13-905 is a separate remedy and does not seal records. Pairing the two is the typical path for felony DUI cleanup. The sealing order is what removes the case from public-facing background databases.
The application must show that the applicant has not been subsequently convicted of a felony or non-traffic misdemeanor since the original case. The prosecutor receives notice and time to object. Most paired set-aside-and-sealing felony DUI applications move through the court on the merits without a hearing.
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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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