misdemeanor expungement; requirements; procedure

SB1321 - misdemeanor expungement; requirements; procedure

Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Analise Ortiz, Catherine Miranda, Cesar Aguilar, Sarah Liguori, Mariana Sandoval
Last action: 2026-01-27
Official status: Senate second read
Effective date: Not listed

Plain English Breakdown

The effective date is explicitly stated as January 1, 2027 in the bill text.

SB1321: Rules for Removing Misdemeanor Convictions

This law creates a process allowing people with certain misdemeanor convictions to ask a court to seal their records after waiting three years.

What This Bill Does

Allows eligible people convicted of misdemeanors to file a petition in court starting January 1, 2027.
Requires petitioners to wait at least three years after finishing all probation or sentence conditions before filing.
Mandates that petitions include proof of completed sentences, information on other arrests or convictions, and any third-party support letters.
Orders courts to deny requests if the person has unpaid fines or restitution, pending legal cases, or a prior expungement for an offense that would be a felony in Arizona.
Directs judges to seal court records and notify law enforcement agencies if they decide justice is served by granting the request.

Who It Names or Affects

People convicted of misdemeanors who want their criminal record sealed.
Courts that must review petitions, hold hearings, and issue orders on expungements.
Prosecuting attorneys who receive copies of petitions and notify victims about the process if requested.

Terms To Know

Expungement: A legal process where a court seals criminal records so they are not released to the public without a new court order.
Misdemeanor: A type of crime that is less serious than a felony, as defined in Arizona law.

Limits and Unknowns

This law does not apply to offenses listed in specific chapters regarding sexual conduct or driving under the influence.
People who were also convicted of a felony at the same time as the misdemeanor cannot use this process.
The text states that people can answer questions about their past as if the conviction did not exist, but it notes exceptions may apply 'unless otherwise provided by law'.

Bill History

2026-01-27 Senate
Senate second read
2026-01-26 Senate
Senate Rules: None
2026-01-26 Senate
Senate Judiciary and Elections: None
2026-01-26 Senate
Senate first read

Official Summary Text

SB1321 - misdemeanor expungement; requirements; procedure

Current Bill Text

Read the full stored bill text

SB1321 - 572R - I Ver

REFERENCE TITLE:
misdemeanor expungement; requirements; procedure

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1321

Introduced by

Senators
Ortiz: Miranda;� Representatives Aguilar, Liguori, Sandoval

AN
ACT

amending title 13, chapter 9, Arizona
Revised Statutes, by adding section 13-922; relating to expungement.

(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.

Expungement of misdemeanor conviction; evaluation; grounds; court
order

A.
Beginning
January 1, 2027, except for offenses listed in chapter 14 or 35.1 of this title
, section 13-3601 or title 28, chapter 4
or
persons who are convicted of a felony or excluded offense pursuant to this
subsection at the same time as the misdemeanor conviction, a person who is
convicted of a misdemeanor may petition the convicting court for an expungement
of the record of conviction. The petition shall be filed with the
court not sooner than three years after the date of the fulfillment of the conditions
of the petitioner's probation or sentence and discharge by the court and shall
be served on the prosecuting attorney.

B. The
petition
must include:

1. Whether the petitioner has
fulfilled the conditions of sentence or any term of probation.

2. Whether the petitioner has any
additional arrests or convictions.

3. Any written recommendation in
support of expungement that is provided by a THIRD party.

C. The court shall
require the petitioner to attest to the following and shall deny a
petition for expungement if
the court knows that any of
the following applies:

1. The petitioner has previously
obtained expungement in any jurisdiction of an offense that would be a felony
in this state.

2. The petitioner has any pending or
unresolved matters in any court or jurisdiction in this state or another state.

3. The petitioner has not paid the
full amount of restitution or any fine ordered pursuant to chapter 8 of this
title.

D. After a hearing on the petition,
if the judge believes that justice will be served, the judge shall order that
all records of the person's conviction that are in the custody of the court be
sealed with accompanying justification and shall deliver a copy of the order to
all law enforcement agencies and courts.
The
court shall forward a copy of the order to the department of transportation if
appropriate.� The order shall further require that all law enforcement agencies
and courts not release copies of the records to any person except on order of
the court.

E. If the victim has made a request
for postconviction notice, the prosecuting attorney shall provide the victim
with notice of the defendant's petition and inform the victim of the victim's
right to be heard on the petition.

F. Unless otherwise provided by law,
a person who receives an expungement for a conviction pursuant to this section
may respond to any inquiry as though the conviction did not exist.

END_STATUTE