Expungement of misdemeanor convictions
HB2658 creates a new Arizona procedure allowing certain people to petition for expungement of misdemeanor-related records. The bill applies to people arrested for a misdemeanor when no charges were filed, people whose misdemeanor charges were dismissed or ended in a not guilty verdict, and people convicted of a misdemeanor. A petition generally may be filed three years after completion of probation or sentence, but the waiting period is five years for theft-related offenses under section 13-1805. The petition must be filed in the appropriate court and include information about sentence completion, other arrests or convictions, supporting recommendations, and whether the person has previously received an expungement.
If the court grants the petition, it must vacate the conviction or adjudication, declare the arrest/charge/conviction/sentence expunged, seal the related records, and notify the Department of Public Safety, the prosecutor, and the arresting agency. The bill also bars use of an expunged matter in later prosecutions and generally allows the person to answer inquiries as if the conviction did not exist, with a limited exception for peace-officer hiring, where law enforcement may review sealed records confidentially and must destroy them after the hiring process. The bill excludes certain offenses from eligibility, including violent crimes, specified domestic-violence- and traffic-related offenses, and any felony offense charged together with the misdemeanor.
The bill also amends the justice court compensation statute to count petitions to expunge under the new section 13-912 the same way as other filings for judicial productivity credits. That means expungement petitions will affect the workload calculations used by the Arizona Supreme Court and county boards of supervisors when setting justice of the peace salaries. The new expungement section is scheduled to take effect on December 31, 2025.
Overall, the bill appears to have strong support in the House process reflected in the vote history. It passed the House Judiciary Committee 9-0, the House Rules Committee 7-0, and the House Third Reading vote 56-1. The available record shows little formal opposition, suggesting broad agreement on creating a misdemeanor expungement pathway, though the bill’s detailed eligibility limits and victim/prosecutor notice provisions indicate an effort to balance relief with public-safety and due-process concerns.
The main points of contention are likely to be the scope of eligibility and the consequences of expungement. The bill limits relief for violent offenses, certain traffic and domestic-related offenses, and any felony charged with the misdemeanor, which may draw debate from reform advocates who want broader relief and from law-enforcement or victims’ rights interests that may favor narrower access. The waiting periods, restitution requirement, prosecutor response rights, and victim notice/hearing rights also reflect the bill’s attempt to address concerns about accountability, restitution, and public safety.
HB2658 would add a new expungement remedy to Arizona law by creating section 13-912 in Title 13 and by directing courts, the Department of Public Safety, prosecutors, and arresting agencies to seal and treat qualifying misdemeanor records as expunged. It would also amend the justice court productivity-credit statute, section 22-125, so petitions filed under the new expungement law count toward justice court workload calculations used in setting justice of the peace compensation. The bill would therefore affect criminal records, court procedures, public access to records, and administrative reporting for justice courts.
The available vote history shows overwhelmingly favorable sentiment toward the bill. It advanced out of the House Judiciary Committee unanimously, passed House Rules unanimously, and cleared House Third Reading by a wide margin of 56-1. No committee transcript objections were provided, and the recorded votes suggest broad bipartisan support for creating a misdemeanor expungement process, with only minimal opposition at final passage.
The likely areas of contention are the bill’s eligibility limits and the balance between relief and public safety. Supporters of broader criminal-record relief may object to the exclusions for violent crimes, certain traffic and domestic-related offenses, felony-related conduct, and the longer waiting period for theft-related offenses. Opponents or cautious lawmakers may focus on the automatic sealing and the ability of petitioners to respond to inquiries as though the conviction never existed, while victims’ rights and prosecutors may emphasize the notice, hearing, restitution, and unresolved-matters requirements as necessary safeguards. The peace-officer hiring exception is another sensitive point because it allows law enforcement access to sealed records for employment screening.