Arizona Misdemeanors

Misdemeanors account for a significant portion of the criminal justice system in every state in the U.S. A misdemeanor is a criminal offense less serious than a felony and more serious than a petty offense. It typically carries penalties, including fines and up to one year in jail. Each state classifies and penalizes misdemeanors differently.

What Is a Misdemeanor in Arizona?

In Arizona law, misdemeanors are offenses less serious than felonies but more serious than petty offenses or infractions. Common examples of misdemeanor crimes include non-aggravated assault, theft of lower-value property, driving on a suspended license, or certain DUI cases.

What distinguishes a misdemeanor from an infraction is that a misdemeanor carries the possibility of jail time and higher fines. Infractions are generally handled by fines only and are not considered “crimes” in the same way. Felonies, in contrast, carry far more serious consequences and longer prison sentences.

Misdemeanor Classes and Penalties in Arizona

In Arizona, misdemeanors are broadly divided into three classes as follows:

• Class 1 misdemeanors: the most serious type of misdemeanor in Arizona. For a Class 1 misdemeanor, the penalties include a maximum jail term of six months, with an additional fine not exceeding $2,500.
• Class 2 misdemeanors: more moderate in severity. It carries a maximum jail sentence of four months. It also includes the payment of a fine of up $750 and probation up to 2 years in some cases.
• Class 3 misdemeanors: the least severe category of misdemeanor. Convicts may receive a maximum jail term of 30 days, a fine of up to $500, and probation up to 1 year.

For an adult who has been convicted of the same misdemeanor within the preceding 2 years, the sentence is deemed to be for the next higher class than the one for which the individual is currently convicted. In addition to jail fines, other sanctions may include community service, probation, license restrictions, restitution, home detention, or rehabilitation programs.

Misdemeanor Court Process in Arizona

The process in Arizona for misdemeanor cases generally follows these steps (though local procedures can vary by county):

• Arrest or citation: With sufficient evidence, a law enforcement agency may arrest an individual or issue a citation for a misdemeanor offense.
• Initial appearance/arraignment: The defendant appears before a judge in the appropriate court (depending on jurisdiction and nature of offense) or a commission within 24 hours. Here, the defendant is informed of the charges against them and is appointed a public defender if they cannot afford a private attorney. The defendant may receive the conditions of his or her release from custody and hear a date for the status conference and preliminary hearing.
• Pre-trial: Several pre-trials and preliminary hearings may take place before a misdemeanor trial. An attorney may attend these hearings on behalf of the defendant to seek opportunities before the case goes to trial. These may include a plea bargain, a diversion program, or a reduction in charges.
• Trial or plea hearing: If no plea is entered, the matter may proceed to trial (bench or jury, depending on the jurisdiction). A typical court case will involve the discovery phase, during which both sides exchange information and evidence until they are on the same page for trial. Most misdemeanor cases are resolved by plea rather than a full trial.
• Sentencing: Upon conviction or guilty plea, the court may impose a sentence within the statutory limits. The court may also impose additional penalties such as probation, community service, driving license suspension, or restitution.
• Post-conviction consequences: The defendant may face collateral consequences, including impacts on their employment, professional licenses, driving privileges, and immigration status. A prior conviction may also enhance future sentencing.

Misdemeanor Records in Major Arizona Cities

Anyone seeking to access a misdemeanor record must first identify the specific county or Municipal Court where the charge was filed. In major Arizona jurisdictions, misdemeanor cases are processed in local courts (Superior Courts, Municipal Courts, or Justice Courts). Here is how it works:

• In Phoenix (Maricopa County). Misdemeanor charges are often filed in Justice Courts or the Phoenix Municipal Court for lower-level misdemeanors or at the Maricopa County Superior Court for more serious misdemeanors. Individuals may contact the clerk’s office or search for records on the courts’ websites.
• In Tucson (Pima County). The Tucson City Court and Justice Courts handle misdemeanors locally. The county clerk’s offices maintain dockets, provide payment of fines, and schedule hearings.
• In Mesa (part of Maricopa County). Individuals may search for misdemeanor case files at the East Mesa Justice Court and the Mesa Municipal Court. The courts offer several self-help resources to the public.

How to Search for Misdemeanor Records in Arizona

Generally, misdemeanor records are open to the public unless they are sealed or expunged. To look up misdemeanor records in Arizona, an individual must determine the proper court where the offense was charged. With that knowledge, they may visit:

• Online Portal: The Arizona Judicial Branch provides a Public Access to Court Case Information Portal to view court records. They may search the portal by using the part name or case number as a search criterion. They may find the case number, charges, offense date, disposition, sentencing outcome (jail term, fine, probation), and current case status (open, closed, dismissed).
• Clerk’s Office: Individuals may request records by visiting the local court clerk’s office where the case was tried. They must provide information such as the defendant’s name, case number (if known), date of birth, or other details to speed up the search process.
• Public Access Terminals: The court provides a public access computer terminal that enables individuals to search for misdemeanor records.
• Arizona State Archives: For archived or older records, individuals may need to visit the Arizona State Archives to retrieve such records.
• Law enforcement records: For arrest reports or incident reports handled by the Arizona Department of Public Safety (DPS), individuals may request them via the Public Records Unit.
• Third-party public-record tools: Beyond official court portals, other private public-record aggregation services provide public record search services. Their accuracy and completeness vary, and official records remain dispositive.

How Long Does a Misdemeanor Stay on Your Record in Arizona?

In Arizona, there is no automatic expiration of a misdemeanor conviction due to the passage of time. A conviction remains part of a criminal history unless it is sealed or expunged.

According to Section 13-911 of the Arizona Revised Statutes, an individual may file a petition to seal all case records relating to an arrest, conviction, or sentence if certain conditions are met. Such conditions include payment of all fines, restitution, probation, or other conditions set by the court. There is a state-imposed waiting period before a misdemeanor case can be sealed or expunged. The length of this waiting period depends on the severity of the offense.

• Class 1, Class 2, or Class 3 felony: 10 years
• Class 4, 5, or 6 felony: 5 years
• Class 1 misdemeanor: 3 years
• Lower-grade misdemeanors: 2 years.

Once sealed, an individual may state on job, housing, or loan applications that they have “never been arrested for, charged with, or convicted of” the sealed crime, and public access is restricted.

Arizona does not offer expungement of most misdemeanor convictions except for certain marijuana-related offenses under Proposition 207 and related statutes. Such individuals may file a Petition to Expunge Records Form with the Municipal or Justice Court.

Another relief option is a “set aside” of conviction, which does not erase or seal the record but reclassifies the case as dismissed for most purposes. Although the record remains public, it may improve the chances of securing employment or housing.

Due to the mechanisms mentioned above, in practice, a misdemeanor conviction in Arizona may remain visible indefinitely unless it is sealed or expunged. Individuals may consult an attorney to learn about eligibility, timing, and procedures of the process.