A Class 3 misdemeanor in Arizona is the lowest level of criminal offense in the state, punishable by up to 30 days in county jail, a fine of up to $500 before surcharges, and up to one year of probation.1Arizona Legislature. Arizona Code 13-707 – Misdemeanors Sentencing2Arizona Legislature. Arizona Code 13-802 – Fines for Misdemeanors3Arizona Legislature. Arizona Code 13-902 – Periods of Probation Monitoring Fees It is still a criminal charge, and a conviction creates a record that follows you until you take steps to clear it.
What the Penalties Actually Add Up To
The jail cap is 30 days, served in county jail rather than state prison.1Arizona Legislature. Arizona Code 13-707 – Misdemeanors Sentencing The maximum base fine is $500.2Arizona Legislature. Arizona Code 13-802 – Fines for Misdemeanors
That $500 figure is misleading on its own. Arizona adds mandatory surcharges to every criminal fine: 42 percent, plus 7 percent, plus another 6 percent, each calculated on the base fine.4Arizona Legislature. Arizona Code 12-116.01 – Surcharges Remittance Reports Fund Deposits On a $500 fine, surcharges add $275, bringing the fine portion alone to $775 before any other court costs. People are routinely caught off guard by that.
A judge can also impose up to one year of probation.3Arizona Legislature. Arizona Code 13-902 – Periods of Probation Monitoring Fees Conditions attached to probation can include community service, restitution to victims, counseling, or a driver’s license suspension for motor vehicle offenses.
Offenses Charged as a Class 3 Misdemeanor
Several everyday situations fall into this classification.
- Excessive speed: driving more than 35 mph over the posted limit, or over 85 mph regardless of the posted limit. This is separate from a routine speeding ticket.5Arizona Legislature. Arizona Code 28-701.02 – Excessive Speeds Classification
- Criminal trespass in the third degree: entering or remaining on property after being told to leave, or entering fenced residential or commercial yards without permission.6Arizona Legislature. Arizona Code 13-1502 – Criminal Trespass in the Third Degree Classification
- Assault by threat or offensive touching: placing someone in reasonable fear of imminent physical injury, or knowingly touching someone to injure, insult, or provoke them. Assault that actually causes injury is charged at a higher level.7Arizona Legislature. Arizona Code 13-1203 – Assault Classification
That last one catches people. Poking someone in the chest during an argument, or getting in their face in a threatening way, can qualify. Charges sometimes come out of situations the person involved never thought of as criminal.
How the Case Moves Through Court
The case starts with either an arrest or a citation telling you when to appear. The first substantive hearing is the arraignment, where the court reads the charges, explains your rights, and asks for a plea. From there the case moves through pretrial conferences, where the prosecutor and your attorney review the evidence and discuss whether a plea agreement is possible. If no agreement is reached, the case goes to trial, and sentencing usually happens the same day as any conviction.
No Automatic Right to a Jury
You do not automatically get a jury trial on a Class 3 misdemeanor. Arizona courts have held that offenses carrying less than six months of jail time do not qualify as “serious” on that basis alone. A Class 3 charge may still be jury-eligible if it has a common law equivalent predating Arizona statehood, but most do not.8Arizona Judicial Branch. Jury Trial – Jury Eligible and Ineligible Violations In practice, most of these cases are decided by a judge in a bench trial.
Court-Appointed Counsel
You have the right to a court-appointed attorney if you cannot afford one and the case could result in jail time. Arizona’s Rules of Criminal Procedure guarantee appointed counsel in any proceeding that “may result in punishment involving a loss of liberty.”9New York Codes, Rules and Regulations. Arizona Rules of Criminal Procedure Rule 6.1 – Right to Counsel Because 30 days of jail is on the table, that right applies unless the prosecutor has taken jail off the table in writing.
Diversion as a Way to Avoid Conviction
Some Arizona courts offer pretrial diversion. If you qualify and complete the requirements, which can include counseling, community service, or behavioral classes, the charge is dismissed and no conviction is entered. Eligibility usually depends on the nature of the offense, your criminal history, and whether you have used diversion recently. The prosecutor’s office decides who qualifies, and the decision is discretionary. Not every court or county offers diversion for every charge, so availability depends on where the case is filed.
If diversion is offered, it is almost always worth pursuing. A dismissed charge leaves no criminal record, which is a better outcome than even the lightest sentence after a conviction.
What a Conviction Means Afterward
The courtroom penalties are only part of the picture. A Class 3 misdemeanor conviction creates a criminal record visible on background checks, which can affect job applications, security clearances, and professional licenses.
Arizona requires health professionals charged with a misdemeanor that could affect patient safety to report the charge to their licensing board within ten working days.10Arizona Legislature. Arizona Code 32-3208 – Criminal Charges Mandatory Reporting Requirements Civil Penalty Exceptions The board can investigate and impose discipline, including suspension. Other licensing boards have their own reporting rules. Failing to self-report is treated as unprofessional conduct and carries a civil penalty of up to $1,000 on top of whatever discipline follows.
A conviction can also complicate housing applications and loan approvals. For non-citizens, federal immigration law treats even minor misdemeanor convictions as relevant to good moral character, and a guilty plea or conviction can trigger consequences ranging from delayed naturalization to deportation depending on the offense.11U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 12 Part F Chapter 2 – Adjudicative Factors
Clearing a Conviction Later
Arizona does not offer traditional expungement, but it provides two separate forms of relief that reduce the long-term impact of a conviction.
Setting Aside the Judgment
Once you have completed every condition of your sentence, including probation, fines, and restitution, you can apply to set aside the judgment of guilt. There is no filing fee.12Arizona Legislature. Arizona Code 13-905 – Setting Aside Judgment of Guilt The court weighs the nature of the offense, your compliance with your sentence, any later convictions, victim input, and how much time has passed. For a misdemeanor, a granted set-aside comes with a “certificate of second chance.”
A set-aside does not erase the conviction. The record is updated to show the judgment was set aside, which still helps for employment and licensing purposes and lets you honestly describe the outcome.
Sealing the Record
Sealing goes further. For a Class 2 or Class 3 misdemeanor, you must wait two years after completing all nonmonetary conditions of your sentence, and all fines, fees, and restitution must be paid before you file the petition.13Arizona Legislature. Arizona Code 13-911 – Sealing of Arrest Conviction and Sentence Records You also cannot have been convicted of another offense (other than minor traffic violations) during that period.14Arizona Judicial Branch. Completing the Petition to Seal Criminal Case Records
Once records are sealed, they no longer appear on standard background checks. The court gives the prosecutor and any victims who requested notification 60 days to object before ruling. If a previous sealing petition was denied, you must wait three years before filing again. For most people carrying a single Class 3 misdemeanor conviction, sealing is the goal worth working toward, and the two-year wait makes it achievable relatively quickly.