Can Misdemeanor Charges Be Expunged From Your Criminal Record in Arizona?

Understanding Misdemeanor Charges in Arizona: Legal Impacts & Your Available Options

If you are being accused of a misdemeanor in Arizona, you may be concerned about what the future holds for you. While misdemeanors have less impact than felonies, they can still affect your job opportunities, relationships, and other areas of your life.

In some states, you can petition to have your misdemeanor expunged from the record after a certain amount of time. But what about in Arizona? Unfortunately, Arizona does not offer the ability to expunge felonies and misdemeanors, but there is another option. A Mesa criminal defense lawyer can walk you through your specific options. 

Misdemeanor vs. Felony In Arizona: Key Differences & Legal Impacts

It is important to understand the difference between a misdemeanor and felony as their impacts are very different. Felonies are more serious crimes that lead to severe penalties such as a longer term in federal or state prison. They tend to have a more complicated trial process and can have a more severe impact on your personal life. 

Misdemeanors, on the other hand, tend to be given for less serious crimes. The penalties are typically less severe and can be things like fines, probation, community service, and shorter times in a local jail. The process of being charged with a misdemeanor often goes quickly and in some cases, misdemeanors are not even handled in a trial.

How a Misdemeanor Charge Can Affect Your Life In Arizona

While felonies are serious charges and it is more evident how they will impact your personal life, misdemeanors can still have significant impacts which is why it is important to hire a Mesa defense attorney if you are being accused of one. 

Some of the ways in which your personal life can be affected by a misdemeanor include:

• Job Prospects: Misdemeanors can be seen on background checks so if you are looking to get a new job, you could potentially be denied opportunities because of this. 
• Housing: If you’re going to start renting, landlords also do background checks and might see the misdemeanor. 
• Financial Impact: Penalties for misdemeanors include fines, legal fees, and loss of income if you’re required to appear in court. 
• Reputation: Your reputation can be damaged as your friends, family, and professional relationships question if they are able to continue trusting you. 

The 3 Types Of Misdemeanors In Arizona: Class 1, 2 & 3 Explained

When charged with a misdemeanor, you are not simply given a stamp of ‘misdemeanor’ on your record. There are different types of misdemeanors in Arizona which can come with different penalties. Specifically, there are class 1, class 2, and class 3 misdemeanors with class 1 being the most serious and class 3 being the least serious. Examples of each class include:

• Class 1 Misdemeanor: DUI (first offense), assault with minor injuries, shoplifting, criminal trespassing in the first degree
• Class 2 Misdemeanor: Criminal damage (less than $1,000), reckless driving, carrying a firearm without a permit. 
• Class 3 Misdemeanor: Loitering, criminal trespassing in the third degree, minor in possession of alcohol.

A Mesa criminal defense lawyer can help you determine which class of misdemeanor you will likely be charged with and with the right defense strategy, they might even be able to lessen your charges which means less severe penalties as well. 

Penalties For Misdemeanors In Arizona: What You Need To Know by Class

The penalties for misdemeanors vary depending on the severity of the misdemeanor. For instance, class 1 misdemeanors typically have more severe penalties while class 3 has less severe penalties. The general penalties for each class are as follows:

• Class 1 Misdemeanor: Jail time of up to 6 months, fines up to $2,500, and probation for up to 3 years.
• Class 2 Misdemeanor: Jail time of up to 4 months, fines up to $750, and probation for up to 2 years.
• Class 3 Misdemeanor: Jail time of up to 30 days, fines up to $500, and probation for up to 1 year.

The punishments above represent the most amount of time and money you will face for each class of misdemeanor, but the punishments will vary depending on the circumstances, your Mesa defense attorney’s defense strategy, your prior criminal history, and some other factors. 

How To Get Your Arizona Misdemeanor Set Aside: Legal Process & Benefits

And now we reach the question of if you can get your judgment off your record. While Arizona does not permit expungement of misdemeanors, they do allow for judgments to be set aside. Having judgments set aside includes putting in a petition with the court. In cases where your sentence did not include probation and you were able to pay the fines right away, you can petition to have your judgment set aside which can happen immediately. 

However, if you do have a probation period, you have community service to complete, or you have to wait to pay the fines, the judge may have you complete these things first before allowing your judgment to be set aside. 

Having your judgment set aside does not mean that it will no longer appear on your record. Your judgment will appear as having been ‘set aside’ instead of ‘guilty’. So this means that employers and others who do background checks will still be able to see your misdemeanor. 

Navigate Your Options With The Expertise Of Our Mesa Defense Lawyers! 

If you’re facing a misdemeanor charge, you may wonder what your options are and if you’re able to minimize judgments. With years of experience and a commitment to our clients, our Mesa defense lawyers at Dove Law Firm have an in-depth understanding of Arizona law and will create a strategic defense for the best possible outcome in your case. 

Contact us today to schedule a consultation to see if your misdemeanor is eligible to be ‘set aside’.