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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
expungement of misdemeanor records
Purpose
Effective January 1, 2027, allows a person to petition the court for an expungement of case records involving a misdemeanor offense after a specified amount of time has passed and if the person meets all other prescribed criteria.
Background
Every person convicted of a criminal offense, except certain outlined offenses, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the court to have the judgment of guilt set aside. The convicted person must be informed of this right at the time of sentencing. The court may issue an order that includes a certificate of second chance to a person whose judgment of guilt is set aside. The court must consider specified conditions when deciding whether to set aside a person's conviction and, if the application is granted, the court must set aside the judgment of guilt, dismiss the complaint, information or indictment and order that the person be released from all penalties and disabilities resulting from the conviction except as prescribed. A conviction that is set aside may be: 1) used as a conviction if the conviction would be admissible had it not been set aside; 2) alleged as an element of an offense; 3) used as a prior conviction; 4) pleaded and proved in any subsequent prosecution of the person by the state or any political subdivision of the state for any offense; 5) used by the Arizona Department of Transportation in enforcing motor vehicle driver license regulations; and 6) used as the basis to issue a lifetime injunction. The clerk of the court must notify the Department of Public Safety (DPS) if a conviction is set aside and DPS must update the person's criminal history with an annotation that the conviction has been set aside and, if applicable, a certificate of second chance has been issued, but may not redact or remove any part of the person's record (A.R.S. § 13-905).
A person may file a petition to seal all case records related to a criminal offense if the person was: 1) convicted of a criminal offense and has completed all of the terms and conditions of the sentence that was imposed by the court, including the payment of all monetary obligations and restitution to all victims; 2) charged with a criminal offense and the charge was subsequently dismissed or resulted in a not guilty verdict at a trial; or 3) arrested for a criminal offense and no charges were filed. At the time of sentencing, the court must inform the person on the record that the person may be eligible to petition the court for an order that seals all case records of the person's arrest, conviction and sentence that are related to the offense and must provide this notice in writing. A person who was convicted of an offense and who has not subsequently been convicted of any other offense, except for misdemeanor violations involving driving under the influence or aircraft operation, may petition the court to seal the person's records of arrest, conviction and sentence after the person completes all of the nonmonetary terms and conditions of the person's sentence and the following period of time has passed since the person completed the conditions of probation or sentence and was discharged by the court: 1) 10 years for a class 2 or 3 felony; 2) 5 years for a class 4, 5 or 6 felony; 3) 3 years for a class 1 misdemeanor; and 4) 2 years for a class 2 or 3 misdemeanor (A.R.S. § 13-911).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a person to petition the court for an expungement of the person's case records if the person is:
a) arrested for a misdemeanor offense and no were filed;
b) charged with a misdemeanor offense and the charge was dismissed or resulted in a not guilty verdict; or
c) convicted of a misdemeanor offense.
2. Excludes, from expungement eligibility, persons convicted of sexual offenses, domestic violence, driving under the influence, violent crimes and persons convicted of a felony at the same time as the misdemeanor offense.
3. Specifies that a petition for expungement involving a misdemeanor offense may not be filed sooner than three years after the date of the arrest, dismissal, not guilty verdict or fulfillment of the petitioner's probation or sentence and discharge by the court, or no sooner than five years if the person is convicted of a shoplifting violation.
4. Requires a petition for expungement to include any written recommendation in support of expungement from a third party, which qualifying condition allows the petitioner to file for expungement and whether the petitioner has:
a) any additional arrests or convictions; and
b) obtained a prior expungement.
5. Requires a petitioner to file a petition to expunge all case records in the:
a) court in which the petitioner was convicted of the offense;
b) court in which an indictment, information, criminal citation or complaint against the petitioner was filed and where the charges were dismissed, the person was found not guilty or the conviction was vacated;
c) court in which the petitioner had an initial appearance, if charges were not filed; or
d) the superior court in the county where the petitioner was arrested if the person did not have an initial appearance and no charges were filed.
6. Stipulates that a petition for expungement must be filed in the superior court if the complaint against the petitioner was filed in a justice court and a subsequent information was filed.
7. Requires a petitioner to attest as to whether the petitioner has any pending matters in any jurisdiction in Arizona or another state and whether the petitioner has paid full restitution or other court-ordered monetary obligations.
8. Instructs the court to deny a petition for expungement if the court finds that the petitioner has pending matters in any court or jurisdiction or that the petitioner still owes restitution or other court-ordered monetary obligations.
9. Prohibits the court from granting or denying a petition for expungement until 60 calendar days after the court receives the petition, unless the court receives notice that the prosecutor and all victims who have requested postconviction notification do not object to the petition.
10. Allows the court to grant a or deny a petition for expungement without a hearing, unless a request for hearing is made by the petitioner, prosecutor or victim.
11. Allows the court to dismiss a petition for expungement without a hearing if the petition does not meet the outlined requirements for petitions for expungement.
12. Requires the court to grant a petition for expungement if the court determines that granting the petition is in the best interests of the petitioner and the public's safety.
13. Directs the court to provide a copy of the petition for expungement to the prosecutor.
14. Allows the prosecutor to respond to a petition for expungement and to request a hearing.
15. Requires the prosecutor to provide a victim who has requested postconviction notification with notice of the defendant's position and the victim's rights during expungement proceedings.
16. Specifies that a victim has the right to be present and heard at any expungement proceeding.
17. Requires the court, in an order granting expungement, to:
a) vacate the petitioner's judgement of adjudication or conviction;
b) state that the petitioner's arrest, charge, conviction, adjudication and sentence records are expunged;
c) require the court to notify DPS, the prosecuting agency and the arresting law enforcement agency, if applicable, of the expungement order; and
d) direct the court to seal the petitioner's records relating to the expunged arrest, charge, adjudication, conviction or sentence and to restrict access to the records to only the petitioner whose record was expunged, the petitioner's attorney and the DPS central state repository.
18. Outlines requirements that apply when the court grants a petition for expungement, including the requirements that:
a) the court issue a signed order expunging the petitioner's record;
b) DPS seal and separate the expunged records from DPS records; and
c) the arresting and prosecuting agencies clearly identify in each agency's files and electronic records that the petitioner's record is expunged as outlined.
19. Prohibits an arresting or prosecuting agency from making the records of an expunged arrest, charge, conviction, adjudication or sentence available as a public record to any person except the petitioner who receives the expungement, the petitioner's attorney or the DPS central state repository.
20. Prohibits the use of an expunged arrest, charge, conviction, adjudication or sentence in a subsequent prosecution for any purpose.
21. Allows a person whose record is expunged to respond to any inquiry as though the conviction did not exist, except as prescribed for individuals seeking employment as a peace officer with a law enforcement agency.
22. Allows a law enforcement agency to request a copy of a person's sealed court records if the person seeks employment as a peace officer with the law enforcement agency.
23. Requires a law enforcement agency to keep any sealed records that the law enforcement agency requests confidential and to destroy the records after the hiring process is complete.
24. Makes conforming changes.
25. Becomes effective January 1, 2027.
Prepared by Senate Research
February 9, 2026
ZD/KS/ci