Bail Questions • Charges and Penalties • Arizona
Does a Public Intoxication Arrest Go on Your Record in Arizona?
Yes, a public intoxication arrest goes on your record in Arizona, but it is booked under the actual charge, usually disorderly conduct.
Quick answer
Yes, a public intoxication arrest goes on your record in Arizona, but it is booked under the actual charge, usually disorderly conduct. Public intoxication itself is not a crime here. The arrest and any conviction appear on court records and background checks, though a conviction can later be set aside or sealed.
What charge actually goes on the record
Arizona has no public intoxication crime, and A.R.S. 36-2031 bars local ordinances that punish drunkenness as such. So an officer who arrests someone for being drunk in public books them for the conduct that justified the stop. Most often that is disorderly conduct under A.R.S. 13-2904, a class 1 misdemeanor, or criminal trespass when the person refused to leave a business. Sometimes it is an underage drinking charge or a DUI if the person was driving.
That charge, not the words public intoxication, is what appears on the booking record, the court docket and the background check. The MCSO inmate record lists it within hours of booking, and the court record is public once the case is filed. Our inmate search guide shows where to find it.
How the arrest and the case show up on background checks
Most employment background checks pull county court records and the state criminal history repository. A conviction for disorderly conduct shows as a misdemeanor conviction. A pending case shows as a pending charge. An arrest that was never charged, or a case that was dismissed, may still show as an arrest record on some checks, subject to the time limits of the Fair Credit Reporting Act, which caps non-conviction records at 7 years for many purposes. An Arizona fingerprint clearance card review sees the full state and FBI record.
The practical point: a one-night arrest can follow a person for years unless it is resolved and then cleaned up. How the case is resolved is a question for a defense attorney. A misdemeanor bail bond, where one is needed, only addresses the release.
Set-aside and sealing: the record is not permanent in practice
Arizona offers two tools after a conviction. A set-aside under A.R.S. 13-905 leaves the conviction visible but marks it as set aside, which many employers treat differently. Sealing under A.R.S. 13-911 removes eligible records from public view after a waiting period that depends on the offense class, and many misdemeanors qualify. A sealed case does not appear on a standard employment check. Dismissed cases may also be eligible.
Both require a petition to the court, and a defense attorney can explain the waiting period and whether the case qualifies. On the night of the arrest the family's job is simpler: confirm custody, wait for the initial appearance, and if a bond is set, post it. Misdemeanor disorderly conduct is usually released on the person's own recognizance or a low bond, and the own recognizance guide explains what that release includes.
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Related Questions
Is public intoxication a crime in Arizona?
No. Arizona has no public intoxication statute, and A.R.S. 36-2031 prohibits cities and counties from criminalizing drunkenness itself. A person who is drunk in public can still be arrested for disorderly conduct, trespass, DUI or underage drinking, and that charge is what goes on the record.
How long does a misdemeanor stay on your record in Arizona?
Indefinitely, unless the court seals it. Convictions do not fall off court records on their own. A.R.S. 13-911 allows many misdemeanor convictions to be sealed after a waiting period, and a set-aside under A.R.S. 13-905 can be requested once the sentence is complete.
Does an arrest without a conviction show on a background check?
It can. Court records show the case was filed and dismissed, and some checks report arrests. The Fair Credit Reporting Act limits reporting of non-conviction records to 7 years in many situations. Arizona allows eligible dismissed cases to be sealed by petition under A.R.S. 13-911.
Can you be fired for a public intoxication arrest?
An employer may learn of an arrest through a background check or a missed shift, and Arizona is an at-will employment state. Whether an arrest alone can be used depends on the employer's policy. Resolving the case and sealing eligible records limits the long-term effect.
How much is bail for disorderly conduct in Phoenix?
Misdemeanor disorderly conduct usually gets own recognizance release at the initial appearance, or a bond of a few hundred to a few thousand dollars with prior failures to appear. The premium is typically 10%. Call One Stop Bail Bonds any hour and an agent will walk you through it.