The client carried a Class 4 Felony Aggravated DUI Wrong Way Driving 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 518 days, vacating the felony DUI conviction and restoring firearm rights in the same order.
At a glance
| Original conviction | Aggravated DUI Wrong Way Driving (ARS § 28-1383(A)(5)), Class 4 Felony |
| Application filed | Application to Set Aside, ARS § 13-905, 2024 |
| 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 | 518 days from application filing to granted |
The challenge
Aggravated DUI Wrong Way Driving under ARS § 28-1383(A)(5) is a Class 4 Felony in Arizona. The wrong way driving aggravator pushes a DUI from misdemeanor territory into the felony tier with mandatory prison exposure on the front end. The conviction strips civil rights at sentencing and triggers the federal firearm prohibition that follows any felony for life. Background checks return the case as a felony DUI with a wrong way driving aggravator on the same line.
The client had completed every term of the sentence. Absolute discharge had issued. The clean record since the case carried weight under the statutory factors. The active conviction was the only remaining barrier and it was a barrier the statute lets the court remove.
What we did
Future First filed the Application to Set Aside under ARS § 13-905 in Maricopa County Superior Court. The application covered the Class 4 Felony Aggravated DUI Wrong Way Driving conviction. The package documented full sentence completion, the absolute discharge order from the Arizona Department of Corrections, the clean record since discharge, 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.
Aggravated DUI cases sit in the felony division and run on the criminal motion cycle for set aside applications. The court took 518 days to move the application through review. The application held up at every step and the court entered the order on the merits.
The judge signed the order. Set aside granted on the Class 4 Felony Aggravated DUI Wrong Way Driving 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 a felony Aggravated DUI on your record
ARS § 13-905 reaches felony Aggravated DUI convictions. 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. The wrong way driving aggravator does not lock the door on set aside.
Set aside is the first piece of the cleanup. Firearm rights restoration runs in the same order under § 13-905(D). The conviction record changes from active to vacated. Background checks pulling from the Arizona Public Access database return the case with the set aside notation that signals the order has issued.
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. Once the wait runs, the sealing application closes public access to the file.
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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