expungement of misdemeanor records

Plain English Breakdown

The bill summary does not specify the exact criteria for meeting 'other prescribed criteria' mentioned in the candidate explanation.

Expungement of Misdemeanor Records

This bill allows people to ask the court to remove misdemeanor records from their files after a certain time, if they meet specific criteria.

What This Bill Does

• Allows someone who was arrested for a misdemeanor and not charged to ask the court to expunge (remove) their arrest record three years later.
• Permits individuals who were charged with a misdemeanor but had charges dismissed or found not guilty to petition for expungement three years after the dismissal or verdict.
• Enables those convicted of a misdemeanor to request expungement five years after completing probation or sentence, if they meet all other requirements.
• Requires people applying for expungement to include any written support from third parties and information about additional arrests or convictions.
• Specifies that the court must inform someone at sentencing about their right to petition for record sealing later.

Who It Names or Affects

• People who have been arrested, charged with, or convicted of misdemeanor offenses in Arizona.

Terms To Know

Expungement

The process of removing criminal records from public view and legal access.

Misdemeanor

A less serious crime than a felony, usually punishable by up to one year in jail.

Limits and Unknowns

• Does not apply to people convicted of certain violent crimes or sexual offenses.
• The bill does not specify what happens if someone fails to meet the requirements for expungement.
• It is unclear how this will affect employment opportunities for those seeking jobs as peace officers.

Official Summary Text

SB1140 - 572R - Senate Fact Sheet

Assigned to
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PASSED BY COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

AMENDED

FACT SHEET FOR
S.B. 1140

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 or not guilty verdict or no sooner than five years after the
fulfillment of the person's probation or sentence and discharge by the court if
the offense resulted in a conviction.

4.

Requires
a petition for expungement to include any written recommendation in support of
expungement from a third party, which qualifying condition allows the person to
file for expungement and whether the person has:

a)

any additional arrests or convictions; and

b)

obtained
a prior expungement.

5.

Requires
a person to file a petition to expunge all case records in the:

a)

court in which the person was convicted of the offense;

b)

court in which an indictment, information, criminal citation or
complaint against the person was filed and where the charges were dismissed,
the person was found not guilty or the conviction was vacated;

c)

court in which the person had an initial appearance, if charges were not
filed; or

d)

the
superior court in the county where the person 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 person 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
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.

Stipulates that if the court
grants a petition for expungement the court must:

a)

issue a signed order expunging the record;

b)

notify DPS, the prosecuting agency and the arresting law enforcement
agency, if applicable, of the expungement order; and

c)

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.

Requires
the court's order granting an expungement to state that the petitioner's
arrest, charge, conviction, adjudication and sentence records are expunged and
to vacate the petitioner's judgement of adjudication or conviction.

19.

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.

20.

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.

21.

Prohibits
the use of an expunged arrest, charge, conviction, adjudication or sentence in
a subsequent prosecution for any purpose.

22.

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.

23.

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.

24.

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.

25.

Makes
conforming changes.

26.

Becomes
effective January 1, 2027.

Amendments Adopted by
Committee

1.

Requires any person seeking expungement whose misdemeanor offense
resulted in a conviction, rather than only persons convicted of a shoplifting
violation, to wait five years after the fulfillment of the person's probation
or sentence and discharge from the court before filing a petition for
expungement.

2.

Makes technical and conforming changes.

Senate Action

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Prepared by Senate Research

February 12, 2026

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Current Bill Text

SB1140 - 572R - S Ver

Senate Engrossed

expungement of
misdemeanor records

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1140

AN
ACT

Amending title 13, chapter 9, Arizona
Revised Statutes, by adding section 13-922; amending section 22-125,
Arizona Revised Statutes; relating to
misdemeanor offenses
.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Title 13, chapter 9, Arizona Revised
Statutes, is amended by adding section 13-922, to read:

START_STATUTE
13-922.

Misdemeanor records; expungement

A. notwithstanding section 8-348 or
13-905, A PERSON
may file a petition with the court for
an expungement of the person's record as follows:

1. Three years after the date of the
person's arrest if the person was Arrested for a misdemeanor offense and no
charges were filed
.

2. Three years after the date of the
dismissal if the person was Charged with a misdemeanor offense and the charge
was subsequently dismissed.

3. Three years after the date of the
not guilty verdict if the person was Charged with a misdemeanor offense and the
charge resulted in a not guilty verdict.

4. Five years after the date of the
fulfillment of the conditions of the
person's probation
or sentence and discharge by the court
if the person was
convicted of a misdemeanor offense.

B. THE PETITION MUST INCLUDE the
following:

1. WHETHER THE PETITIONER:

(
a
) Was
arrested for a misdemeanor offense and no charges were filed.

(
b
) Was charged
with a misdemeanor offense and the charge was subsequently dismissed or
resulted in a not guilty verdict.

(
c
) Was
convicted of a misdemeanor offense and has FULFILLED THE CONDITIONS OF SENTENCE
OR ANY TERM OF PROBATION.

(
d
) HAS ANY
ADDITIONAL ARRESTS OR CONVICTIONS.

(e
) has obtained a prior expungement
under this section.

2. ANY WRITTEN RECOMMENDATION IN
SUPPORT OF EXPUNGEMENT THAT IS PROVIDED BY A THIRD PARTY.

c. The person shall file a petition
to expunge all case records in one of the following:

1. The court in which the person was
convicted of an offense.

2. The court in which an indictment,
information, criminal citation or complaint against the person was filed and
the charges were dismissed, the person was found not guilty or the person's
conviction was vacated, except that if the complaint was filed in a justice
court and a subsequent information was filed, the petition must be filed in the
superior court.

3. The court in which the person had
an initial appearance if charges were not filed.

4. The superior court in the county
where a person was arrested if the person did not have an initial appearance
and no charges were filed.

D.
THE COURT
SHALL REQUIRE THE PETITIONER TO ATTEST TO THE FOLLOWING AND SHALL DENY A
PETITION FOR EXPUNGEMENT IF THE COURT finds THAT EITHER OF THE FOLLOWING
APPLies:

1. THE PETITIONER HAS PENDING OR
UNRESOLVED MATTERS IN ANY COURT OR JURISDICTION IN THIS STATE OR ANOTHER STATE.

2. THE PETITIONER HAS NOT PAID FULL
RESTITUTION OR
other court-ordered monetary
obligations.

E. The court may not grant or deny a
petition to expunge a person's case records until sixty calendar days after the
court receives the petition unless the court receives notice that both the
prosecutor and all victims who have made a request for postconviction notice do
not object to the petition. Unless the petitioner, prosecutor or
victim requests a hearing, the court may grant or deny a petition to expunge
case records without a hearing.� The court may dismiss a petition that does not
meet the requirements prescribed in this section without a hearing.� The court
shall grant the petition if the court determines that granting the petition is
in the best interests of the petitioner and the public's safety.� The court
shall provide a copy of the petition to expunge case records to the
prosecutor.� The prosecutor may respond to the petition and request a hearing.�
The victim has a right to be present and heard at any proceeding in which the
defendant has filed a petition to expunge case records.� If the victim has made
a request for postconviction notice, the prosecutor shall provide the victim
with notice of the defendant's position and of the victim's rights under this
section.

F. IF THE COURT GRANTS the PETITION
FOR EXPUNGEMENT, all of the following apply:

1. The court shall:

(
a
) issue a
signed order expunging the record.

(
b
) NOTIFY THE
DEPARTMENT OF PUBLIC SAFETY, THE PROSECUTING AGENCY AND THE ARRESTING LAW
ENFORCEMENT AGENCY, IF APPLICABLE, OF THE EXPUNGEMENT ORDER.

(
c
) SEAL THE
PETITIONER'S RECORDS RELATING TO THE EXPUNGED ARREST, CHARGE, ADJUDICATION,
CONVICTION OR SENTENCE AND ALLOW THE RECORDS TO BE ACCESSED ONLY BY THE PERSON
WHOSE RECORD WAS EXPUNGED, THE PERSON'S ATTORNEY OR THE DEPARTMENT OF PUBLIC SAFETY
CENTRAL STATE REPOSITORY.

2. THE court, in its ORDER SHALL:

(
a
) VACATE THE
petitioner's JUDGMENT OF ADJUDICATION OR CONVICTION.

(
b
) STATE THAT
THE PETITIONER'S ARREST, CHARGE,
ADJUDICATION, CONVICTION
AND SENTENCE records are EXPUNGEd.

3. THE DEPARTMENT OF PUBLIC SAFETY
SHALL SEAL AND SEPARATE THE EXPUNGED RECORD FROM ITS RECORDS.

4. THE ARRESTING AND PROSECUTING
AGENCIES SHALL CLEARLY IDENTIFY IN EACH AGENCY'S FILES AND ELECTRONIC RECORDS
THAT THE PETITIONER'S ARREST, CHARGE,
adjudication, CONVICTION
AND SENTENCE ARE EXPUNGED AND may NOT MAKE ANY RECORDS OF THE EXPUNGED ARREST,
CHARGE,
adjudication, CONVICTION OR SENTENCE AVAILABLE AS
A PUBLIC RECORD TO ANY PERSON EXCEPT TO THE person WHOSE RECORD WAS EXPUNGED
, THAT PERSON'S ATTORNEY
or the department of
public safety central state repository.

G. AN ARREST, CHARGE, ADJUDICATION,
CONVICTION OR SENTENCE THAT IS EXPUNGED PURSUANT TO THIS SECTION MAY NOT BE
USED IN A SUBSEQUENT PROSECUTION BY A PROSECUTING AGENCY OR COURT FOR ANY
PURPOSE.

H. UNLESS OTHERWISE PROVIDED BY LAW,
A PERSON whose record is EXPUNGEd PURSUANT TO THIS SECTION MAY RESPOND TO ANY
INQUIRY AS THOUGH THE CONVICTION DID NOT EXIST.
This subsection does not apply to a person who is seeking employment
as a peace officer with a law enforcement agency, and the law enforcement
agency may request a copy of the person's sealed court records. The
law enforcement agency shall keep these records confidential and shall destroy
these records after the hiring process is complete.

I. This section does not apply to any
person who is convicted of:

1. A violation of section 13-3601,
chapter 14 or 35.1 of this title
, title 28, chapter 4
or a violent crime as defined in section 13-901.03.

2. A violation of any felony offense
or an offense listed in paragraph 1 of this subsection that was
charged in conjunction with the misdemeanor offense that is the
subject of the expungement petition.
END_STATUTE

Sec. 2. Section 22-125, Arizona Revised
Statutes, is amended to read:

START_STATUTE
22-125.

Justice of the peace compensation; judicial productivity credits;
annual report; definitions

A. The annual salary of each justice of the peace is
determined by the total judicial productivity credits of each court as reported
in statistics compiled by the Arizona supreme court.

B. Judicial productivity credits shall be determined
according to the following formula:

1. All civil filings divided by ten equals
__________ judicial productivity credits.

2. All felony counts filed divided by ten equals
__________ judicial productivity credits.

3. Except for counts described in paragraph 4 of
this subsection, all misdemeanor counts filed divided by ten equals __________
judicial productivity credits.

4. All counts filed that allege a violation of title
5, chapter 3, article 10, title 28, chapter 4, article 3 or section 28-8282
divided by five equals __________ judicial productivity credits.

5. All civil traffic counts filed divided by sixty
equals ___________ judicial productivity credits.

6. All petitions for a protective order filed
divided by five equals ___________ judicial productivity credits.

7. All civil marijuana counts filed divided by sixty
equals ___________ judicial productivity credits.

8. All petitions to expunge filed pursuant to
section
13-922 or
36-2862 divided by sixty
equals ___________ judicial productivity credits.

C. Beginning January 1, 2018, the Arizona supreme
court shall annually perform the calculations required by subsection B of this
section for each justice court for the previous twelve-month period
ending on June 30 to determine the total judicial productivity
credits. The Arizona supreme court shall report the total judicial
productivity credits for each justice court to the applicable board of
supervisors within one hundred twenty days after the end of each twelve-month
period. Any adjustment to the salary of a justice of the peace is
effective on the following January 1.

D. Each justice of the peace shall be paid a
percentage of the salary of a superior court judge based on the following
schedule:

1. Five hundred or more judicial productivity
credits equals seventy percent.

2. Two hundred or more but less than five hundred
judicial productivity credits equals sixty-five percent.

3. One hundred fifty or more but less than two
hundred judicial productivity credits equals fifty-five percent.

4. One hundred or more but less than one hundred
fifty judicial productivity credits equals fifty percent.

5. Fifty or more but less than one hundred judicial
productivity credits equals forty-five percent.

6. Twenty-five or more but less than fifty
judicial productivity credits equals thirty-five percent.

7. Twenty-four or fewer judicial productivity
credits equals twenty-five percent.

E. If a justice court is not assigned clerical help,
the board of supervisors shall multiply the total judicial productivity credits
by two for purposes of determining the salary of the justice of the peace.

F. If the board of supervisors divides a justice
precinct into two or more precincts, the board shall set the salary of the
justice of the peace of each precinct equal to the highest salary of any of the
justices of the peace whose precinct is affected by the division. The
salary of each justice of the peace shall be adjusted at the end of the first
full calendar year after the precincts are divided.

G. The board of supervisors shall review and adjust
the annual salary for each justice of the peace within the county pursuant to
subsection D of this section every year beginning January 1, 2019.

H. The judicial productivity credits for a justice
court precinct shall not exceed twelve hundred credits. If the total
judicial productivity credits of a justice court precinct exceed twelve hundred
credits, the county board of supervisors shall create sufficient courts, or
redraw the justice court precinct boundaries according to section 22-101,
in order to reduce the judicial productivity credits for any precinct which
exceeds that limit.

I. Except as provided in subsection F of this
section, the salary of a justice of the peace may not be reduced during the
term in office of the justice of the peace and, if a justice of the peace
serves consecutive terms, the salary of the justice of the peace may not be
reduced before the start of the consecutive term by more than one tier pursuant
to subsection D of this section.

J. A filing against a juvenile is determined in the
same manner as a similar filing against an adult.

K. For the purposes of this section:

1. "Civil filing" means a lawsuit,
eviction action, petition for provisional remedy or other civil petition, small
claims case or civil local ordinance.

2. "Civil traffic count" means a traffic
violation that is not filed as a misdemeanor or felony.

3. "Felony" includes each felony count
that is filed in a complaint.

4. "Misdemeanor" includes each misdemeanor
and petty offense count that is filed in a complaint or uniform traffic ticket
and complaint.

5. "Protective order" means a petition for
an order of protection, an injunction against harassment or workplace
harassment or a peace bond.
END_STATUTE

Sec. 3.
Effective date

Section 13-922, Arizona Revised
Statutes, as added by this act, is effective from and after December 31, 2026.