Learn / Arizona Admin Per Se Expungement

Arizona Admin Per Se Expungement Guide (A.R.S. § 28-3004)

Last updated May 2026. Removing the MVD suspension notation after a DUI dismissal or acquittal.

What is the "Admin Per Se" suspension

When you're arrested for DUI in Arizona, the Motor Vehicle Division (MVD) automatically suspends your driving privileges separately from any criminal court process. This is called the "Administrative Per Se" suspension and it's authorized by A.R.S. § 28-1385. It happens BEFORE conviction — typically based solely on the breath/blood test result or a refusal.

The Admin Per Se suspension is independent of the criminal DUI case. Your DUI might be dismissed in court, you might be acquitted at trial, or no charge might ever be filed — but the Admin Per Se suspension still happened, and the notation remains on your driving record permanently unless you take action under § 28-3004.

Why expunge it

An Admin Per Se notation on your MVD driving record can:

• Increase auto insurance premiums substantially
• Disqualify you from employment requiring a clean driving record (CDL holders, delivery drivers, transportation workers, fleet drivers)
• Be visible to background-check companies that pull driving records
• Impact eligibility for some occupational licensing
• Reflect badly on traffic-court proceedings and accident-related litigation

Expungement removes the notation entirely from your MVD record.

Three pathways under § 28-3004

Pathway 1: DUI dismissed without refile (§ 28-3004(B)(1)(a))

If the DUI was charged but dismissed, and the prosecutor did not refile the charge within 6 months of the dismissal, you can apply for expungement. This is the most common pathway.

Pathway 2: DUI acquitted at trial (§ 28-3004(B)(1)(b))

If you went to trial on the DUI and were found not guilty, you can apply for expungement immediately upon acquittal — no waiting period.

Pathway 3: No DUI charge ever filed (§ 28-3004(B)(2))

If 12 months elapse from the Admin Per Se violation date and no DUI charge has been filed, you can apply for expungement. This pathway covers situations where you were arrested but the prosecutor never filed.

Who is excluded

Section 28-3004(C) bars expungement for:

• Commercial driver license (CDL) holders
• Drivers who were operating a commercial motor vehicle at the time

For CDL holders, federal regulations require lifetime retention of certain DUI-related notations regardless of state law. Arizona § 28-3004 cannot override this.

Procedural requirements

To apply, you must:

• Have served the Admin Per Se suspension (if it was rescinded or never took effect, there's nothing to expunge)
• Have completed the MVD-required alcohol/drug screening
• Not be a CDL holder or commercial driver
• Meet one of the three pathways above

The application process

Unlike the other record-relief paths in this guide, Admin Per Se expungement is filed with the MVD, not the courts. The form is MVD96-2004, available from the MVD or downloadable from azdot.gov.

1. Complete MVD96-2004. The form requires details of the original Admin Per Se suspension, the underlying DUI disposition, and proof you completed the alcohol/drug screening.
2. Attach supporting documents. Court order showing dismissal/acquittal/no-filing; certificate of completion for the screening.
3. Submit to MVD. By mail to MVD's Hearings & Reviews section or in person at an MVD office.
4. MVD review. Typically 30-60 days.
5. Decision. If granted, MVD removes the notation and updates your driving record.

Filing fee

There is currently no MVD fee for § 28-3004 expungement applications. (Some MVD services have processing fees; this is not one of them.)

Common pitfalls

• Filing during the 6-month window after dismissal. Pathway 1 requires 6 months elapsed without refile. Filing earlier guarantees denial.
• Not completing the alcohol/drug screening first. The MVD requires this regardless of court outcome.
• CDL holder applications. If you held a CDL at any point during the relevant period, expungement is barred.
• Confusing this with the criminal DUI record. Admin Per Se expungement only addresses the MVD record. Any criminal DUI conviction would need a separate set-aside or sealing.