Arizona Class 2 Misdemeanors

According to Arizona Revised Statutes § 13-60, criminal offenses in Arizona are broadly categorized into felonies, misdemeanors, and petty crimes. Misdemeanors are further classified into three categories based on severity and sentencing purposes: Class 1, Class 2, and Class 3. Felonies are the most serious criminal offenses in the state, typically punishable by more than a year in prison, significant fines, and other penalties.

Misdemeanors, on the other hand, are less severe than felonies and carry sentences of six months or less in prison, as well as fines and probation. In Arizona, Class 1 misdemeanors are the most serious of the misdemeanor categories, followed by Class 2 misdemeanors, which are less severe than Class 1 but more serious than Class 3 misdemeanors.

The public's knowledge and understanding of how Arizona classifies criminal offenses, including misdemeanors, is crucial to knowing the potential prison time, fines, and other penalties that may be associated with a crime. Arizona criminal court records contain information on all Class 2 misdemeanor cases handled in the Arizona criminal justice system.

Common Examples of Class 2 Misdemeanors in Arizona

Examples of Class 2 misdemeanors in Arizona include, but are not limited to:

• Reckless driving (ARS § 28-693)
• Minor in consumption of alcohol (ARS § 4-244 (9))
• Leaving the scene of an accident
• Criminal damage of less than $250 (ARS § 13-1602(6))
• Criminal trespass in the second degree (ARS § 13-1503)
• Public nuisance (ARS § 13-2917)
• Negligent operation of watercraft or water skis (ARS § 5-341)
• Attempt to commit a Class 1 misdemeanor
• Contempt of court (ARS § 12-863)
• Possession of a controlled substance (ARS § 13-3456)
• Certain types of assault
• Giving a fake name to law enforcement
• Damage to premises by a tenant (ARS § 33-322)
• Allowing an unauthorized minor to drive (ARS § 28-3474)

Statute of Limitations for Class 2 Misdemeanors in Arizona

The statute of limitations is the deadline or timeframe within which prosecutors must file criminal charges against a defendant. Per ARS § 13-107(B)(2), the statute of limitations for Class 2 misdemeanors is one year. The clock (limitation period) begins to count from the date the offense was committed, discovered, or reasonably should have been discovered (A.R.S. § 13-107(B)). The state is typically barred from prosecuting a Class 2 misdemeanor if it is not filed within the statutory limitation period.

Nonetheless, according to ARS § 13-107(D), the statute of limitations period can be paused when the accused is not present in the state or does not maintain Arizona residency (i.e., is not domiciled in the state for at least nine months of the year).

Legal Penalties for Class 2 Misdemeanors in Arizona

In Arizona, a Class 2 misdemeanor conviction can result in up to 4 months in jail (A.R.S. § 13-707), a fine of up to $750 (A.R.S. § 13-802), and 2 years of probation (A.R.S. § 13-902(6)). Depending on the offense, judges may also, in addition to jail and/or fine sentences, impose community service, license suspension (for vehicle-related offenses), restitution (A.R.S. § 13-804), and drug or alcohol screening, therapy, or treatment. Generally, penalties for Class 2 misdemeanor offenses vary depending on the nature of the offense, prior convictions, and the judge's discretion.

The consequences of a Class 2 misdemeanor conviction extend beyond the legally prescribed sentences or penalties. It appears on a person's criminal record, and agencies, employers, and institutions will typically see it when conducting background checks. It may result in losing job and housing opportunities, amongst others.

Court Process for Class 2 Misdemeanors in Arizona

In Arizona, city or municipal courts handle misdemeanors committed within city limits, while justice courts handle those committed in unincorporated areas or on state property. While each of these courts may have its own process, the general court procedure for a misdemeanor case is as follows:

• Citation/Arrest: Depending on the nature of the crime, law enforcement either issues a citation ordering the accused to appear in court on a set date or arrests and detains the accused.
• Initial Appearance: Law enforcement brings arrested offenders before a judge or commissioner within 24 hours to set release conditions and schedule an arraignment. Cited defendants skip this step.
• Arraignment: At arraignment, the judge reads the defendant's charges, rights, and potential penalties in open court. The defendant then enters a plea of guilty, not guilty, or no contest. A guilty plea may lead to immediate sentencing. Otherwise, the case progresses to the pretrial phase.
• Pretrial Conference: At a pretrial conference, the defense attorney and prosecution attorney disclose all evidence and witnesses as required by Arizona law (known as discovery). The parties may also negotiate plea deals or find alternative resolutions.
• Pretrial Motions & Hearings: During this phase, the accused or their legal representative may submit motions to suppress evidence, dismiss charges, or raise constitutional or due process concerns. If a motion is filed, the judge hears both sides and decides whether to grant or reject the motion. Usually, trials don't start until pretrial motions are settled.
• Trial: During the trial, the prosecutor uses testimony and physical evidence in open court to prove the defendant's guilt beyond a reasonable doubt. At the same time, the defense cross-examines witnesses and presents its own case.
• Sentencing: The judge imposes a sentence if the defendant pleads guilty at arraignment, is found guilty at trial, or accepts a plea bargain to avoid trial. Sentences may include jail time, fines, or both.

How Class 2 Misdemeanors Affect Your Criminal Record in Arizona

The Arizona Department of Public Safety (under A.R.S. § 41-1750) records an individual's criminal history, including Class 2 misdemeanor arrests, charges, and convictions across the state. The record is available for authorized agencies and employers to review during background checks. As a result, while the impact may vary by state and retention schedule, the presence of a Class 2 misdemeanor conviction can limit job prospects, create housing challenges, lead to loss or denial of professional licenses, affect visa applications, and influence child custody or divorce outcomes. Nevertheless, under Arizona law, a conviction record can be hidden from public view and background checks, provided the requirements are met.

Differences Between Class 2 Misdemeanors and Other Offenses in Arizona

Class 2 misdemeanors differ from other offenses as follows:

• Severity: Class 2 misdemeanors are far less serious than felonies and slightly less serious than Class 1 misdemeanors, but more serious than Class 3 misdemeanors and petty offenses.
• Sentence: In terms of jail or prison sentences, Class 2 misdemeanors are punishable by a maximum of 4 months' jail time. Meanwhile, felony punishments include at least one year in prison, up to 25 years in prison, life imprisonment, and the death penalty. Class 1 misdemeanors carry a maximum of 6 months in jail. Class 3 misdemeanors carry a maximum of 30 days in jail, and petty offenses carry no jail time.
• Fines: A Class misdemeanor carries a maximum fine of $750. A felony offense can result in a fine of up to $150,000; Class 1 misdemeanors have a maximum fine of $2,500; and Class 3 misdemeanors and petty offenses have maximum fines of $500 and $300, respectively.

Note: In Arizona, felonies are divided into six categories, with Class 1 the most serious and Class 6 the least serious.

How to Check for Class 2 Misdemeanors in Arizona Court Records

Court records of misdemeanor trials are public under Arizona law and accessible through:

• Online Public Search Portals: Individuals can search statewide Class 2 misdemeanor case records for free through the Arizona Judicial Branch's public access portal. The portal includes criminal records from 177 of Arizona's 184 courts, including municipal and justice courts, and can be searched by party name or case number. Alternatively, find misdemeanor court records through county justice or city/municipal court portals. Examples include the Maricopa County Justice Court Case History Search, Pima County Consolidated Justice Court Search, Chandler Municipal Court "Find My Case", and Tempe Municipal Court Case Search.
• In-person Access: Individuals can request a review of associated records or obtain copies by visiting the relevant city, municipal, or justice court, where a Class misdemeanor was handled. Requests typically require the defendant's name, case type, filing date, and case number. Reviewing records may be free of charge. However, copies cost $0.50 per page, with an additional $35 and $0.50 per page for certified copies (A.R.S. § 12-284). Use the Arizona Courts Locator to find contact information for justice and city/municipal courts across the state.
• Other Methods: Class 2 misdemeanor court records can also be requested via fax, mail, email, or online forms. Check the official website of the court where the case was filed for electronic request methods and mailing addresses. Most courts accept requests via email, fax, and mail. For example, Pima County Justice Court accepts requests via email, online form, and mail. Similarly, the Scottsdale Municipal Court accepts requests via email, fax, and mail. Copyright fees apply.

Note: Access and procedures may vary by county or court; as such, seek guidance from official courthouse sources.

Can a Class 2 Misdemeanor Be Expunged or Sealed in Arizona?

Yes. Under A.R.S. § 13-905 and HB2302, individuals can petition the convicting court to expunge (set aside a judgment of guilt) a Class 2 misdemeanor conviction after at least 3 years from the completion of probation or sentencing conditions. If granted, the conviction records are sealed and cannot be released without a valid court order.

Additionally, under A.R.S. § 13-911, individuals may submit petitions to seal Class 2 misdemeanor records upon completion of their sentences, fulfillment of financial obligations (e.g., restitution and fines), and a 2-year waiting period from the conviction or sentencing date, provided there are no new convictions or pending charges. Note that expungement laws vary by state, and not all misdemeanor convictions may qualify.

The table below summarizes Arizona’s expungement rules for first-time, repeat, and violent offenses.