A.R.S. § 28-3004
Expunge Your Admin Per Se Suspension from Your Arizona MVD Record
If your DUI was dismissed, you were found not guilty, or 12 months have passed without DUI charges being filed, you can request the MVD remove the Admin Per Se suspension note from your driving record.
- Free eligibility check (3 minutes)
- $250 if you qualify and decide to file
- No charge until your form is complete
What this is — and what it isn't
When you're arrested for DUI in Arizona, the police often serve you with an Admin Per Se / Implied Consent affidavit under A.R.S. § 28-1385. The MVD then administratively suspends your license — typically 90 days for a first-time impaired driving incident, longer for refusal cases.
Even if your underlying DUI charge was later dismissed, you were acquitted, or no charges were ever filed, the Admin Per Se suspension stays on your MVD record. It can affect:
- Auto insurance rates and underwriting
- Commercial driving employment
- Background checks performed by employers (especially trucking, ride-share, delivery)
- License reinstatement processes
- Any future DUI sentencing if you have one (it can be used to enhance)
A.R.S. § 28-3004(B) gives the MVD director authority to expunge the Admin Per Se notation from the public records on your driving file when specific eligibility criteria are met.
Important: This is an administrative process — not a court process. There's no judge, no filing fee, no court appearance. You mail or drop off a one-page form (MVD Form 96-2004) to the MVD's Driver Compliance Unit, attach the right paperwork, and they make the decision.
Who qualifies
You qualify under § 28-3004(B) if all of the following are true:
- You served the Admin Per Se suspension (not had it dismissed at hearing or stayed)
- You completed the alcohol/drug screening that the MVD requires
- You did not hold a CDL or operate a commercial vehicle at the time of the stop
- During the suspension period, you didn't get convicted of certain Title 28 chapter 3-5 traffic violations
AND one of the following pathways applies:
Pathway 1 — DUI Dismissed
Your DUI charge under § 28-1381 or § 28-1382 was dismissed, AND it was not refiled within 6 months after the dismissal. You'll need a certified court abstract showing the dismissal.
Pathway 2 — Found Not Guilty
You went to trial on the DUI and were acquitted. You'll need a certified court abstract showing the not-guilty finding.
Pathway 3 — 12 Months No DUI Charge Filed
12 months have passed since the Admin Per Se violation date and no DUI charge was ever filed based on the same driving event. (Extended to 24 months if the event involved death or serious physical injury per § 13-105.)
Who doesn't qualify
- You held a CDL at the time of the stop, OR you were operating a commercial motor vehicle (§ 28-3004(C))
- You were convicted of a DUI based on the same driving event
- During the suspension period, you operated a commercial vehicle without the proper license, or were convicted of certain serious traffic violations
- Your license suspension was the result of an implied consent refusal that didn't ultimately resolve in your favor (this is a fact-specific determination)
Why this matters
Even years after a dismissed DUI, the Admin Per Se suspension can:
- Cause auto insurance to refuse coverage or charge "high-risk" rates
- Disqualify you from commercial driving jobs (Uber, Lyft, DoorDash, trucking)
- Show up on third-party background check reports that pull MVD records
- Be used to enhance any future DUI sentencing under §§ 28-1381(K), 28-1382(K)
How long does Admin Per Se expungement take?
Typical timeline: 30 to 60 days from when the MVD receives your completed form and supporting documents. Most cases are processed within 6 weeks.
If approved, the MVD updates your driving record. If denied, you receive written notice with the reason.
What you get from us
For $250:
- The official MVD Form 96-2004 (Admin Per Se Expungement Request) with your information pre-filled
- Eligibility-pathway determination — we tell you which of the three pathways applies and why
- Document checklist — including which court abstracts you need to obtain and from where
- Submission instructions — mail address, drop-off locations, what to include
- Follow-up guidance — how to verify your record was updated after approval
Important — court abstract is not included. You must independently obtain the certified court abstract from the court that handled your DUI case. We tell you exactly what to ask for and where, but the abstract itself is something only you (or your attorney) can request from the court.
When you should hire an attorney instead
- Your suspension is the result of an implied consent refusal with disputed facts
- The MVD denied a previous expungement request and you want to appeal
- You held a CDL at the time and want to argue around the § 28-3004(C) bar (very narrow path)
- Your case involved a fatality or serious physical injury and you're approaching the 24-month mark
- You have multiple Admin Per Se suspensions and want them all reviewed
Frequently asked questions
What's the difference between Admin Per Se expungement and DUI sealing?
Admin Per Se expungement removes the MVD suspension note from your driving record. DUI sealing under § 13-911 hides the criminal court records of the DUI from public view. They're separate processes governing separate records. People with dismissed DUIs often want both.
Do I need an attorney for this?
For most cases, no. The eligibility criteria are relatively bright-line (yes/no questions about pathway, court outcome, time elapsed). The form is one page. If your case fits cleanly into Pathway 1, 2, or 3, our $250 packet gives you everything you need.
How do I get the court abstract I need to submit?
Contact the clerk of the court that handled your DUI case (typically a city court or justice court). Ask for a certified copy of the court abstract showing the disposition (dismissal or not-guilty finding). Some courts have online portals; others require a written request and a small fee ($5-$30 depending on the court). We provide court-specific instructions in our packet.
Will the suspension be removed from my insurance company's records?
Insurance companies typically pull from public MVD records when they underwrite. Once the MVD updates your record, future insurance pulls won't show the Admin Per Se suspension. However, your current insurance company may still have it in their internal records from prior pulls. You may need to provide them a copy of the MVD's expungement decision to get rates adjusted.
Can I expunge an Admin Per Se if I was convicted of the underlying DUI?
No. Pathways 1 and 2 require dismissal or acquittal of the DUI. Pathway 3 requires that no DUI charge was ever filed. If you were convicted, the Admin Per Se notation stays on your MVD record permanently.
What if my DUI was reduced to reckless driving (§ 28-693)?
This is fact-specific. A reduction to reckless driving may technically constitute a "dismissal" of the DUI charge for § 28-3004(B)(1)(a) purposes, but the MVD has discretion to interpret this differently in different cases. Our screening will flag this as a borderline case requiring attorney consultation.
How much does it cost?
$250 for our form preparation. The MVD does not charge a fee to process the request. The court abstract typically costs $5-$30 from the court that issued it.
Related services
If your DUI was dismissed or you were acquitted, you may also want:
- Seal Your Record under § 13-911 — hides the DUI arrest record from public view (no waiting period for dismissed/acquitted cases)
- Set Aside Conviction under § 13-905 — (Note: DUI convictions cannot be set aside under § 13-905(P)(5), but if your DUI was reduced to reckless driving under § 28-693, that conviction CAN be set aside)
Clean up your driving record.
If your DUI was dismissed or you were acquitted, the Admin Per Se note shouldn't follow you forever. $250 packet, free 3-minute screening.
Check if I qualify →