Official Summary Text
HB2749 - 572R - Senate Fact Sheet
Assigned to
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PASSED BY COW
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
AMENDED
FACT SHEET FOR
H.B. 2749
felony
conviction; sentence completion; designation
Purpose
Allows the court to designate a class 4, 5 or 6 felony conviction as a
class 1 misdemeanor conviction if outlined conditions are met.
Background
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. A person who was convicted of an
offense may petition the court to seal the person's records of arrest,
conviction and sentence after the person completes all 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
).
If a person is convicted of a class 6 felony not involving a dangerous
offense, the court may enter a judgment of conviction for a class 1 misdemeanor
and make disposition accordingly, or place the defendant on probation, if the
court is of the opinion that it would be unduly harsh to sentence the defendant
for a felony with regard to the nature and circumstances of the crime and the
history and character of the defendant (
A.R.S.
� 13-604
).
There is no anticipated fiscal impact
to the state General Fund associated with this legislation.
Provisions
1.
Allows
a court, notwithstanding any other provision of the criminal code, to enter a
judgment of conviction for a class 1 misdemeanor for a person who is convicted
of a class 4, 5 or 6 felony, provided that:
a)
the felony offense did not involve a dangerous offense;
b)
the offense did not involve a victim;
c)
the person has not been previously convicted of any felony offense;
d)
the person has completed all of the terms and conditions imposed by the
court, including full payment of monetary obligations;
e)
at least five years have passed since the person completed their
sentence and the person has not been convicted of a subsequent misdemeanor
offense involving a victim or a subsequent felony offense during that time, and
f)
entering the judgment of conviction for a class 1 misdemeanor is in the
interest of justice.
2.
Stipulates that the ability to have a judgment of conviction lowered to
a class 1 misdemeanor is not available to persons who have been convicted of
cruelty
to animals
,
misconduct involving weapons
or
failure to register
as a sex offender
.
3.
Repeals
the court's ability to designate a qualifying felony offense as a class 1
misdemeanor on October 1, 2028.
4.
Becomes effective on the general effective date.
Amendments Adopted by
Committee
1.
Stipulates that the ability to have a judgment of conviction lowered to
a class 1 misdemeanor is not available to persons who have been convicted of
cruelty to animals, misconduct involving weapons or failure to register as a
sex offender.
2.
Requires five years to have passed since the date that a person has
completed their sentence, rather than the date of the person's conviction, in
order for the person to be eligible for a class 1 misdemeanor judgment.
Amendments Adopted by
Committee of the Whole
�
Adds a delayed repeal date of October 1, 2028.
House Action
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Senate
Action
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Prepared by Senate Research
May 18, 2026
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Current Bill Text
Read the full stored bill text
Chapter 0109 - 572R - S Ver of HB2749
Senate Engrossed
House Bill
felony conviction;
sentence completion; designation
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
CHAPTER 109
HOUSE BILL 2749
AN
ACT
amending Title 13, chapter 6, Arizona
Revised Statutes, by adding section 13-604.01; repealing section 13-604.01,
Arizona Revised Statutes; relating to classifications of offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section
1. Title
13, chapter 6, Arizona Revised Statutes, is amended by adding section
13-604.01, to read:
START_STATUTE
13-604.01.
Class 4, 5 or 6 felony; misdemeanor designation; definition
A. Notwithstanding any other
provision of this title, if a person is convicted of a class 4, 5 or 6 felony
not involving a dangerous offense, the court may enter judgment of conviction
for a class 1 misdemeanor if the court determines all of the following:
1. The person has not previously been
convicted of any felony offense.
2. The offense did not involve a
victim.
3. The person has completed all of
the terms and conditions imposed by the court for the conviction, including
full payment of all monetary obligations.
4. At least five years have passed
since the
completion of the person's sentence, and the
person has not been convicted of a subsequent misdemeanor offense involving a
victim or a subsequent felony offense during that time.
5. Entering the judgment of
conviction for a class 1 misdemeanor is in the interest of justice.
B. This section does not apply to a
person who is convicted of a violation of section 13-2910, 13-3102 or 13-3821.
C. For the purposes of this section,
"victim" has the same meaning prescribed in section 13-4401.
END_STATUTE
Sec. 2.
Delayed repeal
Section 13-604.01, Arizona Revised
Statutes, as added by this act, is repealed from and after September 30, 2028.
APPROVED BY THE GOVERNOR JUNE 4, 2026.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 5, 2026.