Arizona Criminal Defense Laws
Arizona classifies felonies into six classes (1–6) with sentencing ranges that depend on mitigating/aggravating factors and prior convictions. Misdemeanors have three classes. Arizona does not offer traditional expungement — instead, a person may apply to have a judgment of guilt "set aside" under A.R.S. § 13-905, which annotates the record but does not seal or destroy it. The Certificate of Second Chance (2021) provides additional post-conviction relief.
Last verified: 2026-02-25
Statute of Limitations
Homicide and Class 2 felony sex offenses have no statute of limitations. All other felonies (Class 2–6) must be charged within 7 years. Misdemeanors within 1 year. Petty offenses within 6 months.
Exceptions
Standard DUI is a Class 1 misdemeanor (1-year SOL). Extreme DUI (BAC 0.15+) is also a Class 1 misdemeanor. Aggravated DUI (third offense, suspended license, minor in vehicle) is a Class 4 felony.
Key Arizona Statutes
Class 1: life/death. Class 2: 3–12.5 years (mitigated to aggravated). Class 3: 2–8.75 years. Class 4: 1–3.75 years. Class 5: 0.5–2.5 years. Class 6: 4 months–2 years. "Crimes of violence" and repeat offenders face significantly enhanced ranges.
Class 1: up to 6 months jail, $2,500 fine. Class 2: up to 4 months jail, $750 fine. Class 3: up to 30 days jail, $500 fine. Prior same-class misdemeanor convictions within 2 years enhance to the next higher class.
Standard DUI (BAC 0.08+): Class 1 misdemeanor. Extreme DUI (BAC 0.15+): Class 1 misdemeanor with enhanced penalties. Aggravated DUI (3rd offense within 7 years, suspended license, or minor in vehicle): Class 4 felony.
Arizona does not offer traditional expungement. A person may apply to have a judgment of guilt set aside after completing all sentence conditions. The conviction still appears on the record but is marked as "set aside." Does not apply to certain sex offenses, crimes against children, or DUI with suspended license.
Class 4/5/6 felonies: eligible after 2 years post-completion. Class 2/3 felonies: eligible after 5 years. Provides additional relief beyond basic set-aside, including restoration of firearm rights (with exceptions).
Official Sources
Not Legal Advice
This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Arizona Legislature — Criminal Code. For advice about your specific situation, consult a licensed attorney.
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