Can I Get Hired With a Misdemeanor in Arizona? ARS 13-905

Can I Get Hired With a Misdemeanor in Arizona?

Yes, for most jobs. A misdemeanor conviction is not a legal bar to employment in Arizona except in specific licensed and regulated fields, and Arizona law gives employers a concrete reason to hire you: under A.R.S. § 13-905, a person whose misdemeanor conviction is set aside receives a certificate of second chance, which releases the person from occupational-licensing barriers caused by the conviction and gives the employer liability protection for hiring them. What a misdemeanor does do is appear, on a background check and on any application that asks, which means the practical questions are what shows, when you must disclose it, and how quickly it can be set aside or sealed.

The conviction itself is permanent on the record unless sealed under A.R.S. § 13-911; a Class 1 misdemeanor can be sealed two or three years after the sentence is completed (three for Class 1, two for Class 2 or 3), after which the statute allows you to state you were never convicted, with listed exceptions. Between conviction and sealing, the set-aside and certificate of second chance are available immediately on discharge.

Do I Have to Disclose a Misdemeanor on a Job Application?

Answer what is asked, truthfully, and no more. If an application asks about convictions, a misdemeanor conviction is a conviction and must be disclosed; a lie discovered on a background check is a firing offense in a way the conviction itself often is not. If the application asks only about felonies, a misdemeanor is not responsive. A charge that was dismissed, diverted, or never filed is not a conviction, though some applications ask about arrests. Once records are sealed under A.R.S. § 13-911, the statute expressly permits you to state that you were never arrested for, charged with, or convicted of the offense, including on employment applications, except in the situations the statute lists (fingerprint clearance applications, certain sensitive positions, and driving jobs where the sealed offense was a DUI). A set-aside does not change the disclosure answer, but it lets you add that the conviction was set aside.

The Three Tools That Change the Answer

• Set-aside with a certificate of second chance (A.R.S. § 13-905). Available on completion of the sentence, with no filing fee and no waiting period for a misdemeanor. The court vacates the judgment and, for a misdemeanor, must include a certificate of second chance, which lifts occupational-licensing barriers under Title 32 and gives employers and landlords the liability protections of A.R.S. 12-558.03. The record still shows the conviction, marked set aside.
• Sealing (A.R.S. § 13-911). Removes the case from public court records and directs agencies to mark their files sealed. Available three years after a Class 1 misdemeanor sentence is completed, two years for Class 2 or 3, with all fines and restitution paid; immediately for dismissed charges and uncharged arrests. Our record-sealing guide covers the petition.
• Resolving the open case without a conviction. For a pending charge, diversion or deferred prosecution, a dismissal, or a civil-traffic or non-criminal resolution leaves nothing to disclose. This is why the employment consequence should be part of the defense strategy from the first hearing, not an afterthought.

Fields Where a Misdemeanor Matters Most

• Healthcare and nursing. Licensing boards review convictions and the fingerprint clearance card process sees sealed records; theft and drug misdemeanors draw the closest scrutiny.
• Education and childcare. Fingerprint clearance is required and the DPS review is thorough; certain offenses are disqualifying by statute regardless of sealing.
• Financial services and banking. Theft, fraud, and bad-check misdemeanors fall within 13-911’s exception for jobs handling money, so sealing does not close them for those employers.
• Driving and transportation. A DUI shows on the MVD record for three to five years and remains visible to driving employers even after sealing; see will a DUI show up on a background check.
• Government and security clearances. Federal checks draw on FBI records that state sealing orders reach only partially, and disclosure is expected.

How Tamou Law Group Protects Employment After a Misdemeanor

On an open charge we pursue the resolutions that leave nothing to disclose: diversion, deferred prosecution, dismissal, or a non-criminal disposition. On a closed case we file the set-aside application immediately on discharge to obtain the certificate of second chance, calendar the sealing eligibility date, prepare the 13-911 petition, and respond to any objection. Where a licensing board or clearance card is involved, we address the specific statute that governs it. In every Maricopa County court.

Related guides: sealing an Arizona criminal record, set-asides and background checks, deferred prosecution in Arizona, and our Arizona criminal defense hub. Call 623-321-4699, 24/7.