The client carried two Class 4 Felony Aggravated DUI convictions out of Maricopa County Superior Court arising from the same incident. Future First filed the Application to Set Aside under ARS § 13-905 and the court granted the application in 184 days, vacating both felony counts in a single order.
At a glance
| Original conviction | Aggravated DUI – Liquor/Drugs (ARS § 28-1383(A)(1)), Class 4 Felony; Aggravated DUI – BAC .08 Or More (ARS § 28-1383(A)(1)), Class 4 Felony |
| Application filed | Application to Set Aside, ARS § 13-905, 2020 |
| Court | Maricopa County Superior Court |
| Result | Set Aside Granted. Both Class 4 Felony Aggravated DUI counts vacated, judgment of guilt dismissed, all civil disabilities lifted. |
| Rights restored | Civil rights restored. Firearm rights restored under ARS § 13-910. |
| Time from application to grant | 184 days from application filing to granted |
The challenge
Aggravated DUI under ARS § 28-1383(A)(1) charged as a Class 4 Felony carries the heaviest tier of DUI exposure in Arizona. The court entered convictions on both the Liquor/Drugs theory and the BAC .08 Or More theory from the same incident, leaving the client with two Class 4 Felony entries on the record. Each one surfaces independently on background checks.
The client completed every term of the sentence on both counts. The active felony pair was the last barrier between the client and a clean future. ARS § 13-905 was the path through it for both counts in a single application.
What we did
Future First filed the Application to Set Aside under ARS § 13-905 in Maricopa County Superior Court. The application covered both Class 4 Felony Aggravated DUI counts. The package documented full sentence completion, absolute discharge, and the statutory factors the court weighs under § 13-905(A). Felony Aggravated DUI cases get closer scrutiny on the § 13-905 factors and the firm built the application to address each one in advance.
The court took 184 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 both Class 4 Felony Aggravated DUI counts. The convictions are vacated, the judgments of guilt are 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 Aggravated DUI convictions under § 28-1383 once the sentence is complete. The Class 4 Felony Aggravated DUI tier is the most serious DUI charge in Arizona. Courts grant set aside on these cases on the merits where the statutory factors line up.
The set aside vacates both convictions, dismisses the judgment of guilt, and lifts the civil disabilities. Firearm rights are restored under ARS § 13-910 as part of the relief on a felony conviction. The set aside is the foundation that supports every downstream remedy.
Sealing under ARS § 13-911 is the next stage. The sealing wait for a Class 4 Felony Aggravated DUI is five years from judge-ordered non-financial completion. Once the wait is satisfied, the sealing order closes public access to the file.
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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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