SB1321 • 2026

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 bill summary does not specify which serious offenses are excluded, only that they are listed in certain sections of the criminal code.

Expunging Misdemeanor Convictions

This bill allows people convicted of certain misdemeanors, excluding serious offenses, to ask a court to remove their criminal record after three years if they meet specific requirements.

What This Bill Does

Allows people who have been found guilty of misdemeanor crimes (except for some serious ones) to petition the court to expunge their criminal record.
Requires that before asking for this removal, the person must wait at least three years since finishing all parts of their punishment and getting a clean slate from the judge.
Needs the person to tell the court if they have any other arrests or convictions after the misdemeanor one.
Says the court can deny the request if the person has not paid back money owed for damages or fines.

Who It Names or Affects

People who were found guilty of certain misdemeanors and want their criminal record erased.
Courts that will handle these requests from people.
Victims of crimes, as they can be informed about the request to erase a criminal record.

Terms To Know

Expungement: The process of removing or sealing someone's criminal record so it is no longer visible to most people.
Misdemeanor: A crime that is less serious than a felony and usually results in punishment like fines, probation, or short jail time.

Limits and Unknowns

The bill does not apply to people who have been found guilty of certain more serious crimes.
It only applies starting January 1, 2027.
Victims can be informed about the request and may speak up against it.

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