The client lived with a Class 1 Misdemeanor DUI conviction from 2020 out of Scottsdale City Court. Future First filed a Set Aside Application under ARS § 13-905 and the court granted it, paired with a Certificate of Second Chance.
At a glance
| Original conviction | DUI Impaired (ARS § 28-1381(A)(1)), Class 1 Misdemeanor, 2020 |
| Application filed | Set Aside Application under ARS § 13-905, 2025 |
| Court | Scottsdale City Court |
| Result | Set Aside Granted With Certificate Of Second Chance |
| Rights restored | N/A (misdemeanor conviction, no civil or gun rights lost) |
| Time from application to grant | 71 days from application filing to granted |
The challenge
A Class 1 Misdemeanor DUI conviction sits on a background check forever unless you do something about it. The client carried that 2020 Scottsdale DUI on every employment screen, every rental application, and every professional licensing review. Job offers get pulled. Apartments go to the next applicant. The conviction was not erased by time.
A Certificate of Second Chance under ARS § 13-905 is the strongest set-aside outcome the law allows. It tells future employers and licensing boards that an Arizona judge specifically found the person has earned a second chance, and it protects employers and landlords from negligent-hiring or negligent-rental liability tied to the prior conviction. Most set-aside grants do not carry it. The client wanted it.
What we did
Future First filed the Set Aside Application in Scottsdale City Court paired with a request for a Certificate of Second Chance. The application laid out the client’s compliance history, the time elapsed since the conviction, and the specific statutory factors the court weighs under ARS § 13-905(K).
The prosecutor received the application and did not oppose. The judge reviewed the record and signed both orders the same day. The judgment of guilt was set aside, the complaint dismissed, and the client released from all penalties and disabilities resulting from the conviction except those imposed by the Arizona Department of Transportation and the Game and Fish Commission. The Certificate of Second Chance attached to the order.
From filing to grant: 71 days. The client now answers honestly on background checks that the conviction has been set aside, and points to a court-issued certificate that affirms a judge made that finding.
What our clients say
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If you have an old DUI conviction in Arizona
Arizona DUI convictions never fall off your record on their own. Class 1 Misdemeanor DUIs under ARS § 28-1381 follow you on every background check until you file a Set Aside Application under ARS § 13-905. Eligibility opens after you complete every term of sentencing, including jail, fines, treatment, and any probation.
The set aside vacates the judgment of guilt, dismisses the complaint, and releases you from the penalties and disabilities of the conviction. It is reported on background checks as “set aside.” For a Class 1 Misdemeanor DUI, you can also seek a Certificate of Second Chance, which adds the negligent-hiring and negligent-rental protections that move applications forward.
Once the set aside is granted, you may be eligible to seal the case under ARS § 13-911. For a Class 1 Misdemeanor DUI, the sealing wait runs three years from completion of all court-ordered non-financial terms, including counseling.
Related resources
Call us
Want to clear an old Arizona DUI from your record? 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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