Overview Description

A record relating to a DUI adjudication (title 28, chapter 2) can be destroyed after a petition is filed, so long as the person is at least 25 years old and is not subject to a disqualifying event. Ariz. Rev. Stat. §§ 8-349(D), (E).

Ineligible Category or Citation

A person is not eligible to have his or her record destroyed under this section if he or she has: (a) been convicted of a felony offense; (b) a pending criminal charge; (c) not successfully completed all of the terms and conditions of probation or been discharged from the Department of Juvenile Corrections without successful completion of the individualized treatment plan; or (d) not paid all restitution and monetary assessments in the matter. Ariz. Rev. Stat. § 8-349(E).

Procedure General

A petition must be filed with the juvenile court. In determining whether to grant the petition, the court will consider whether the destruction of the records would be in the interests of justice or further the rehabilitative process of the person. For the specific procedure, see Ariz. Rev. Stat. §§ 8-349(D), (E).

Fees

There is no statutory language regarding fees.

Effect

There is no statutory language regarding effect.

Waiting Periods

A petition can be filed if the person is at least 25 years old.

(non-prod server)