March 5, 2025
Arizona’s legislature has considered a bill concerning misdemeanor expungements. If passed and signed into law, this bill would allow those who served their sentence for a misdemeanor to apply for an expungement. This bill would also apply to those wrongfully convicted of a misdemeanor.
The bill under consideration is House Bill 2658 (HB 2658). HB 2658 would allow people convicted of misdemeanors to petition for expungement after three years, pending a judicial review. This process creates a route for misdemeanor expungement similar to those available for felons. As such, those with misdemeanors would have a path to clear the criminal records that hindered their access to jobs or educational opportunities. HB 2658 has gained support from various criminal justice reform groups and received unanimous approval from the House Judiciary Committee.
House Bill 2658, taking effect, would allow individuals to petition for expungement three years after their misdemeanor conviction. Their petition would then go before a judge for approval. Rep. Neal Carter introduced the bill, arguing that people with felony convictions could qualify for expungement. He criticized the inconsistency of treating felony records more leniently than misdemeanors. As such, HB 2658 would offer the same leniency to those with misdemeanors.
However, HB 2658 exempts several offenses from expungement. The list includes DUI, domestic violence, sex crimes, and violent offenses. Furthermore, Rep. Neal Carter included a provision at the request of Pinal County Sheriff Ross Teeple. This provision mandates that anyone applying for a law enforcement job disclose their misdemeanor record, including ones expunged. Legislators may include other exemptions while considering HB 2658. For example, Rep. Matt Gress proposed exempting reckless burning due to its danger of creating wildfires.
Rep. Carter’s inspiration for proposing HB 2658 came from a constituent with a misdemeanor in their records. This record hampered their ability to pursue higher education and obtain employment. Had it been a felony instead, the individual could have petitioned for expungement; misdemeanors had no such system to remove them from the public eye. Thus, Rep. Carter found an imbalance between the strictness of felony and misdemeanor records.
In light of this bill, a mirrored version appeared in the Senate by Sen. Analise Ortiz: Senate Bill 1168. However, it has yet to receive a hearing. As such, Rep. Carter hopes the Senate will approve HB 2658 because the House did. He also hopes it will pass because other states have already initiated similar legislation, and advocates have urged Arizona to follow suit.
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