Arizona Revised Statutes
Ariz. Rev. Stat. § 38-421 (2026)
Stealing, destroying, altering or secreting public record; classification
✓ current as of May 2026
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A. An officer having custody of any record, map or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his hands for any purpose, who steals, or knowingly and without lawful authority destroys, mutilates, defaces, alters, falsifies, removes or secretes the whole or any part thereof, or who permits any other person so to do, is guilty of a class 4 felony.
B. A person not an officer who is guilty of the conduct specified in subsection A of this section is guilty of a class 6 felony.
Notes of Decisions
Cited in 7
cases, 1961–2010 · leading case: State v. Duran, 575 P.2d 1265 (Ariz. Ct. App. 1978).
State v. Duran, 575 P.2d 1265 (Ariz. Ct. App. 1978). “The destruction or secreting of the seven original PIVs and the altering of 31 subsequent Statements of Receipts formed the basis for the 38 convictions under A.R.S. § 38-421, altering public records.”
Johns v. Arizona Dep't of Econ. Sec., 817 P.2d 20 (Ariz. Ct. App. 1991). “Contrary to Johns’ allegations, the Personnel Board never alleged a violation of A.R.S. § 38-421 as a reason for her dismissal.”
State v. Williams, 698 P.2d 724 (Ariz. 1985). “The judge further ruled that the County Attorney could show that defendant was in custody for murder but could only show that defendant was convicted of other felonies without indicating the nature of those felonies.”
Miller v. People, 54 V.I. 398 (2010). “We note that the Arizona statute criminalizing falsification of public records, Ariz. Rev. Stat. Ann. § 38-421 , proscribes virtually identical conduct as the Virgin Islands statute proscribing such conduct.”
State v. Garaygordobil, 359 P.2d 753 (Ariz. 1961). “§ 35-301 upon charges of wrongfully appropriating from the Santa Cruz County treasury an amount of public money in excess of $50,000 from 1951 through 1959, and under A.R.S. § 38-421 for falsifying during that period the public records of the treasurer’s office.”
State v. Fogel, 492 P.2d 742 (Ariz. Ct. App. 1972). “An officer having custody of any record, map or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his hands for any purpose, who steals, wilfully destroys, mutilates, defaces, alters, falsifies, removes or secretes the whole…”
Beasley v. Glenn, 520 P.2d 310 (Ariz. 1974). “A.R.S. § 38-421 provides, without exception, that public officers having custody of records, maps or books, or of any papers or proceedings of any court, filed or deposited in any public office, or placed in their hands for any purpose, who destroy or remove the whole or any…”
— Ariz. Rev. Stat. § 38-421(B) — 1 case
Johns v. Arizona Dep't of Econ. Sec., 817 P.2d 20 (Ariz. Ct. App. 1991). “Contrary to Johns’ allegations, the Personnel Board never alleged a violation of A.R.S. § 38-421 as a reason for her dismissal.”
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