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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

No limit for homicide/sex offenses; 7 years for most felonies; 1 year for misdemeanorsA.R.S. § 13-107

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

DUI1 year (misdemeanor); 7 years (felony aggravated)A.R.S. §§ 28-1381, 28-1383

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

Felony Sentencing (First-Time Offenders)A.R.S. § 13-702

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.

Misdemeanor SentencingA.R.S. §§ 13-707, 13-802

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.

DUI (Standard, Extreme, Aggravated)A.R.S. §§ 28-1381, 28-1382, 28-1383

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.

Set-Aside of ConvictionA.R.S. § 13-905

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.

Certificate of Second ChanceA.R.S. § 13-905 (2021 amendment)

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 page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Arizona.

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