Felony, Misdemeanors, And Infractions in Arizona

The Arizona Justice Commission categorizes criminal offenses into three groups: felonies, misdemeanors, and infractions. The severity of the crime committed characterizes each classification. In Arizona, first-degree murder (A.R.S. § 13-1105) is considered a felony, while shoplifting may be regarded as a misdemeanor. Felonies constitute the most serious crimes and carry the harshest penalties of the offense categories. Next are misdemeanors, which are less severe compared to felonies but more serious than petty offenses and civil traffic violations (infractions).

In Arizona, petty offenses (A.R.S. § 13-601(C)) and civil traffic violations (A.R.S. Title 28) correspond to minor offenses, commonly referred to as infractions, in other states. The state recognizes infractions as civil, non-criminal violations of traffic law that carry penalties such as fines and possibly points on an individual's driving record, but no jail time. Offenses in Arizona are punishable by a variety of instruments, including probation, fines, imprisonment, and other penalties, as outlined in the Criminal Code (Arizona Revised Statutes, Title 13). Summarily, Arizona crimes are tried in court based on their classification. In addition to identifying record types, Arizona law prescribes statutes of limitations that limit the time to prosecute in the state.

What is a Felony in Arizona?

In Arizona, a felony is the most severe of the state’s criminal offenses. Felonies are typically punishable by long-term imprisonment, ranging from a minimum of two years to life imprisonment, depending on the severity of the crime. Worse still, a felony may result in the death penalty when a heinous crime (e.g., first-degree murder with aggravating circumstances) is committed. Under A.R.S. § 13-751(A)(1), an individual convicted of murder may be sentenced to death (if 18 years and above when they committed the crime). An offender who is convicted of a felony is referred to as a felon or convicted felon.

In Arizona, felonies are categorized by class. Class 1 felonies are the most severe, while Class 6 is the least severe. Sentences for each class become harsher when prior records are taken into consideration. The felony classes, as outlined in A.R.S. § 13-601(A), and their corresponding penalties are described as follows:

Class 1 Felony

• Reserved for murder cases.
• First-degree murder: punishable by life in prison or the death penalty.
• Second-degree murder: punishable by 10 to 25 years or more in prison, not the death penalty.

Class 2 Felony

• Severe crimes that endanger life.
• Sentence range: about 3 to 12.5 years in prison.
• Examples: armed robbery, kidnapping.

Class 3 Felony

• Serious but a step below Class 2.
• Sentence range: about 2 to 8.75 years in prison.
• Examples: aggravated assault, burglary.

Class 4 Felony

• Includes most property or fraud-related crimes.
• Sentence range: about 1 to 3.75 years in prison.
• Examples include identity theft, fraud, and felony DUI.

Class 5 Felony

• Less severe, often involving property or drugs.
• Sentence range: about 6 months to 2.5 years in prison.
• Examples: some drug possession with intent to sell, certain assaults.

Class 6 Felony

• Lowest-level felony.
• Sentence range: about 4 months to 2 years in prison.
• Sometimes, a judge may reduce a charge to a misdemeanor if the crime is minor and the person has no serious prior record.
• Examples: disorderly conduct with a weapon, some lower-value thefts.

At times, the penalties above may also include therapy, a fine, probation, or electronic monitoring, as imposed by the judge. The court's judgment may also be influenced by factors such as the circumstances surrounding the crime. A judge may sentence a defendant to an aggravated term, which is longer than the standard term, or a mitigated term, which is shorter. This is typically dependent on:

• Whether an accomplice was present
• If the victim was older than 65 years
• The age of the defendant when the crime was committed
• The magnitude of the defendant’s role in the crime.
• The existence of any mental condition (proven by a certified medical practitioner).

What are some examples of felonies in Arizona?

Some of the common felonies in the different categories of felonies in Arizona are as follows:

• Class 1 Felony: First-degree murder and second-degree murder
• Class 2 Felony: Armed robbery, kidnapping (depending on circumstances), sexual assault, and first-degree burglary
• Class 3 Felony: Aggravated assault, robbery, and some burglary offenses
• Class 4 Felony: Forgery, identity theft, and felony DUI
• Class 5 Felony: Public sexual indecency in the presence of a minor, some forms of aggravated assault, and pimping/pandering
• Class 6 Felony: Resisting arrest, disorderly conduct with a weapon, and shoplifting property valued at $1,000–$2,000.

Can I get a Felony Removed from a Court Record in Arizona?

Yes. Arizona citizens have three options for expunging or sealing their criminal records:

• Set-aside (§ 13-905): Individuals who have completed their sentence may approach the court to request that the judgment be set aside. If approved, the court will dismiss the charging documents, releasing the defendant from penalties and disabilities related to the conviction (with limited exceptions). However, the records are not removed or sealed; the Department of Public Safety typically adds a comment to the records, explaining that it has been set aside.
• Record sealing (§ 13-911): Under this law, eligible applicants may petition to seal arrest/charge/conviction records. If approved, the records are removed from public view, allowing the petition to legally claim that they have never been arrested, charged, or convicted for that offense. However, such records often remain accessible to certain authorized agencies.
• Marijuana expungement (§ 36-2862): This law allows individuals with criminal case records for certain marijuana offenses to petition for the expungement of such records. If granted, the court typically notifies relevant agencies to seal the affected records. Subsequently, the applicant may legally deny ever being arrested, charged, adjudicated, convicted, or sentenced for the marijuana-related crime.

Eligibility Factors (§ 13-905(C))

• Nature of the offense
• Compliance with sentence, prior/subsequent convictions
• Victim's input
• Restitution status
• Time since completion of sentence
• Age at conviction
• Any other relevant facts.

Ineligible convictions for Set Aside (§ 13-905(P))

• Dangerous offenses
• Sex-registration offenses
• Sexually motivated offenses
• Felonies involving victims under 15 years.

Note: Arizona's set aside procedures are limited to statewide convictions and do not apply to federal convictions.

Is expungement the same as sealing court records in Arizona?

In Arizona, the methods of "expungement", "sealing", and "set-aside" are distinct. Sealing a criminal record effectively removes it from public view, including persons, employers, and landlords. This gives the appearance that the record has been erased or deleted, even though it still exists. Qualified agencies, such as law enforcement and courts, often have access to sealed documents.

In contrast, record expungement effectively removes, erases, or wipes the record of an arrest or criminal conviction from public view. If a record is expunged, the conviction is removed from the court and criminal databases. The owner of such a record may lawfully claim that the offense never happened. Expungement in Arizona only applies to marijuana convictions under Proposition 207 (§ 36-2862).

In Arizona, setting aside a record entails vacating and dismissing charges. However, the conviction remains on record, with a notation that it was set aside. This means the petitioner has completed all of the terms of a linked punishment, and a judge has set aside the judgment of conviction or dismissed the charge documents.

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

In Arizona, a felony record will remain on someone's record indefinitely unless they approach the courts to request that public access to such documents be restricted. This means a person's criminal record does not automatically disappear. However, interested parties may petition to seal such records under A.R.S. § 13-911. Applicants may petition for the sealing of their criminal records after completing their sentence's non-monetary obligations (e.g., probation), and undergoing the statutory waiting period (Ten years for Class 2 or 3 felonies and five years for Class 4, 5, or 6 felonies).

If the court grants the petition, the sealed records will be removed from public access (e.g., for background checks). However, they often remain accessible to law enforcement and the courts under certain conditions.

What are Misdemeanors in Arizona?

In Arizona, misdemeanors are less severe than felonies and typically carry a maximum jail term of six months or less. Misdemeanors in Arizona include some traffic violations, including DUI and reckless driving, minor theft like shoplifting, and disorderly behavior such as disturbing the peace.

For sentencing purposes, Arizona classifies misdemeanor offenses into three categories: Class 1, Class 2, and Class 3 (ARS 13-601). Class 1 misdemeanors are the most serious category of misdemeanor, and Class 3 misdemeanors are the least serious. The maximum penalties for the different classes are as follows:

• Class 1 Misdemeanor: Up to 6 months in county jail and a fine up to $2,500.
• Class 2 Misdemeanor: Up to 4 months in jail and a fine up to $750.
• Class 3 Misdemeanor: Up to 30 days in jail and a fine of up to $500.

Arizona judges typically impose jail terms, fines, or probation based on:

• The specific misdemeanor
• The defendant's record, and
• The circumstances of the case

Many misdemeanor cases are resolved within several months, but actual timelines vary widely depending on the court's workload, the case's complexity, and whether the defendant is in custody. In Arizona, misdemeanor cases typically follow this procedure:

• Arraignment: This is where the defendant hears the specific misdemeanor charge(s) filed against them, is assigned a public defender if they do not wish to hire a private misdemeanor defense attorney, receives the terms of their release from custody, and is given a date for the status conference and preliminary hearing.
• Pre-Trial Conference: This is one of the primary opportunities for the attorney to negotiate with the prosecutor on a case; however, most of the negotiations often occur behind the scenes. The judge also monitors the case to ensure it is progressing.
• Trial Readiness Conference: This conference is held to determine whether a case is ready for trial or if a feasible resolution can be reached before trial. The judge sets a trial date during this step.
• Trial: If the misdemeanor charge is not dismissed or resolved during pretrial proceedings, it will be heard in Arizona's criminal court. A court case typically includes a discovery phase, in which both parties share information and evidence until they have the same knowledge for the trial. There may also be subsequent settlement discussions aimed at resolving the dispute outside of court.

What are Examples of Misdemeanors in Arizona?

Some common misdemeanors in Arizona and their classification include the following:

Class 1 Misdemeanors

• DUI / driving under the influence
• Assault involving actual injury
• Shoplifting (property value under $1,000)
• Theft under $1,000
• Disorderly conduct / public sexual indecency (in some forms)

Class 2 Misdemeanors

• Criminal damage under $250
• Reckless driving (in some instances)
• Certain nonphysical assault/threats
• Criminal trespass (depending on degree)

Class 3 Misdemeanors

• Simple assault (minor touching or threat)
• Some forms of trespass (lesser degree)
• Lesser public order offenses

Can I Get a Misdemeanor Removed from a Record in Arizona?

Eligible applicants may petition to have their misdemeanor records removed using the following remedies in Arizona:

Set-aside (§ 13-905): Individuals who have completed their sentence may approach the court to request that the judgment be set aside. If approved, the court will vacate the judgment, and the charge will be dismissed. However, the case stays on public records with a DPS notation that it was set aside (and, if issued, a Certificate of Second Chance).

Record sealing (§ 13-911): Under this law, petitioners may file to seal eligible misdemeanors. Eligible applicants may petition to seal after completing their sentence terms and undergoing a waiting period (three years for a Class 1 misdemeanor and two years for a Class 2 or Class 3 misdemeanor). If granted, records under the control of the courts, DPS, prosecutors, and law enforcement are removed from public view; certain agencies (e.g., courts, law enforcement) may still access them, and pre-existing third-party publications may persist.

Marijuana expungement (§ 36-2862): This legislation enables individuals who have criminal case records for specific marijuana offenses to request the expungement of those records. The court typically notifies the appropriate agencies to conceal the affected records if the request is granted. The applicant may subsequently legally deny having been arrested, charged, adjudicated, convicted, or sentenced for the marijuana-related offense.

Can a DUI Record Be Expunged in Arizona?

Since December 31, 2022, individuals have been able to expunge their DUI records under Arizona law, A.R.S. § 13-911. Previously, interested persons could only set aside their convictions. With the new law, individuals may petition the court to have their records sealed.

To be eligible for sealing or expunging a DUI record in Arizona, an applicant is typically expected to show that:

• All terms of the sentence have been fulfilled
• All fines and restitution imposed by the court have been paid
• The applicant was arrested but no charges were filed, or was charged but later found not guilty

Before making a decision, the court is expected to evaluate the circumstances and record of the case. The individual has the opportunity to attend and participate in a hearing if their application is rejected.

Under Arizona law, most misdemeanor and felony DUI convictions are eligible for expungement, provided the sentencing requirements have been fulfilled. However, crimes that do not qualify for expungement include:

• Murder
• Assault with a deadly weapon
• Sexual offenses
• Dangerous crimes against children
• Violent or aggravated felonies
• Discharging or threatening by exhibiting a deadly weapon or dangerous instrument.

Applicants typically have to undergo a waiting period before their records are expunged. Depending on the severity of the offense, the expected waiting periods are as follows:

• Misdemeanor DUI: Two years waiting period (after completing all terms of the sentence).
• Class 4, 5, or 6 Felony DUI: 5 years waiting period.
• Class 2 or 3 felony DUI: 10 years waiting period

What is an Infraction in Arizona?

In Arizona, petty offenses correspond to what some states describe as infractions. Petty offenses(infractions) are the lowest level of crimes under the Arizona Criminal Code classification.

Petty offenses are unclassified (unlike misdemeanors, which are classified as Class 1–3), minor crimes that are punishable by fines of up to $300, but not by jail time. Under Title 13 (A.R.S. § 13-602(C)), any offense that is not labeled as a misdemeanor or felony is by default a petty offense.

Examples of petty offenses (under Title 13) include minor regulatory violations, such as unlawful feeding of wildlife (in counties with a population over 280,000), aggressive solicitation, and furnishing tobacco/vapor products to a minor.

What constitutes an Infraction in Arizona

According to the Arizona Criminal Code (A.R.S. § 13-602(C)), any offense that is not clearly designated as a misdemeanor or felony is by default a petty offense.
Petty offenses are unclassified, minor criminal offenses that are punishable by fines of up to $300, rather than jail terms.

Petty offenses in Arizona may include minor regulatory violations, such as unlawful feeding of wildlife (in counties with a population over 280,000), aggressive solicitation, and furnishing tobacco/vapor products to a minor.

Under Arizona’s statute of limitations provisions (A.R.S. § 13-107), petty offenses typically have a 6-month limitation period for prosecution.

What are some examples of Infractions in Arizona?

Some examples of infractions (petty offenses) as contained in A.R.S. § 13-602(C) include:

• Aggressive solicitation
• Unlawful feeding of wildlife (in counties with more than 280,000 people)
• Ticket scalping near a venue entrance
• Remote stun gun sales record violation (failure to keep purchaser ID record)
• Furnishing tobacco/vapor products to a minor

Can Infractions be Expunged from an Arizona Criminal Court Record?

In Arizona, prospective applicants may file a petition to seal records of petty offenses pursuant to A.R.S. § 13-911, which allows the sealing of arrest, conviction, and sentencing records. Expungement is generally not available under current law. Individuals with eligible offenses may have them sealed after meeting the eligibility and waiting period criteria. Although the law does not clearly specify "petty offenses" in the waiting schedule, they are included in the "criminal offense" category.

What is Deferred Adjudication in Arizona?

Deferred adjudication is equivalent to what is known in Arizona as " deferred prosecution". In Arizona, deferred prosecution refers to a voluntary program that temporarily suspends a defendant's criminal charges while they complete court-approved rehabilitation, counseling, or treatment requirements.

If the defendant successfully completes all requirements within the stipulated timeframe, their charges will be dismissed completely. However, if they fail to fulfill the program's terms, prosecution resumes. Deferred prosecutions are offered at the discretion of a county attorney. Consequently, two defendants with similar charges may face different options depending on where their cases are being prosecuted.

In Arizona, deferred prosecution is typically an option for first-time offenders charged with minor offenses. Prosecutors may offer a deferred prosecution after filing a criminal complaint or receiving a grand jury indictment. In instances where offered, the defendant may choose to accept deferred prosecution or go through the standard criminal justice system. Those who take the offer are not expected to plead guilty to the charges being brought against them. However, the prosecutor may use the statements made in accepting deferment against them if they fail to complete the program. Instead, the prosecutor and the court agree to delay the case while the defendant pursues treatment and adheres to the program's terms. The terms are often similar to those of probation, focusing on counseling and rehabilitation. Some standard terms of a deferred prosecution may include:

• Passing random drug and alcohol testing
• Completing drug or alcohol rehabilitation
• Counseling sessions
• Undertaking educational courses
• Paying victim restitution
• Paying the costs of the program.

Types of Crimes Eligible for Deferred Adjudication in Arizona

In Arizona, deferred prosecutions are available at the discretion of the county attorney and are often limited to first-time offenders charged with nonviolent or less serious crimes. The program focuses more on rehabilitation rather than punishment, and it is designed to allow eligible defendants to avoid a conviction if they successfully complete court-approved requirements.

Generally, eligible offenses include:

• Misdemeanors such as minor property crimes, simple possession of drugs, or disorderly conduct
• First-time, nonviolent felonies, where the prosecutor believes rehabilitation is more relevant than prosecution
• Drug-related offenses involving possession or paraphernalia (without intent to distribute or aggravating factors)
• Ineligible offenses typically include violent crimes, sex-related crimes, crimes against children, and serious felonies involving weapons.