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REFERENCE TITLE: criminal conviction; arrest; expungement |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2621 |
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Introduced by Representatives Rivero: Mosley
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AN ACT
amending title 13, chapter 9, Arizona Revised Statutes, by adding section 13‑907.02; relating to vacating convictions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 9, Arizona Revised Statutes, is amended by adding section 13-907.02, to read:
13-907.02. Vacating a misdemeanor or class 4, 5 or 6 felony conviction; record expungement; petition requirements; identity verification; record destruction; notice
A. A person who is convicted of an offense involving a misdemeanor or a class 4, 5 or 6 felony may petition the court that pronounced sentence to vacate the judgment of conviction and expunge any records related to that conviction. The person may file the petition as a motion in the original case with the court that pronounced sentence not less than three years after the date the person completes the conditions of probation or the sentence imposed and is discharged by the court or receives an absolute discharge from imprisonment, except that if the offense is a misdemeanor the person may file the petition not less than two years after the date that the person completes the conditions of probation or the sentence imposed.
B. To expunge any records related to an arrest or filed charge, a person may file a petition in the superior court in which the charges were filed or in the county in which the arrest occurred if any of the following occurs:
1. The person successfully completes the terms of a diversion program and is not charged with a new offense for at least one year after the person completes the diversion program.
2. All pending charges against the person are resolved in the person's favor and the person is not arrested for or charged with a new offense for at least one year after the charges are resolved.
3. The person is arrested and criminal charges are not filed within the applicable time limits prescribed by section 13‑107.
C. For each offense listed in the petition, the petition shall name as defendants all law enforcement agencies, courts, prosecuting agencies, the department of public safety and any other person who the petitioner knows or has reason to believe may possess the records that are subject to expungement. A court order that vacates a judgment of conviction or expunges a record does not affect any person or entity that is not listed in the petition. The petition must include all of the following:
1. The petitioner's full name, sex, driver license number, if applicable, and current address.
2. Each offense that the petitioner is convicted of and is requesting to be vacated, if applicable.
3. The date of each offense and the date of the arrest for each offense, if applicable.
4. If the arrest did not result in charges being filed or a conviction, the final disposition of the arrest or charges, including the court in which the disposition occurred and the date of the final disposition.
5. The name of the county or municipality where the petitioner was arrested for or charged with an offense that is included in the petition.
6. The name of the law enforcement agency that arrested the petitioner for an offense that is included in the petition.
7. The petitioner's fingerprints on a standard fingerprint card.
D. The court shall forward the petitioner's fingerprint card to the department of public safety. The department of public safety shall provide the court with a positive identification of the person who submitted the fingerprint card.
E. The court shall set a hearing date that is at least thirty days after the date on which the petition was filed. The court shall provide notice of the hearing to each person or entity that is listed as a defendant in the petition.
F. On a showing of good cause, the court may waive any remaining fines, fees or interest that is associated with a fine or fee but may not waive any remaining Restitution.
G. After a hearing on the petition, the judge may enter an order expunging any records related to the arrest or vacating the judgment of conviction and expunging the record for each offense that the judge determines is warranted. In making this determination, the court may consider the following:
1. Whether the petitioner has any additional arrests or convictions during the period of time following the date the petitioner:
(a) Was arrested, if all pending actions against the petitioner were resolved in favor of the petitioner or charges were not filed.
(b) Completed the conditions of probation or the sentence imposed and was discharged by the court or received an absolute discharge from imprisonment.
2. Whether the petitioner has paid the restitution that was ordered by the court for each conviction, if applicable.
3. Whether the circumstances and the behavior of the petitioner warrant vacating the conviction and expunging the record or expunging the arrest record if charges were not filed or the actions were resolved in favor of the petitioner.
4. Whether vacating the judgment and expunging the record or expunging any record related to the arrest, if applicable, is consistent with the public welfare and safety.
H. For each vacated conviction or expunged record related to an arrest, the judge shall order that all records of the person's conviction or arrest that are in the custody of the court be sealed with accompanying justification. The court shall transmit a copy of the order expunging the records related to an arrest or vacating the judgment of conviction and expunging the record to each person or entity that is named in the petition. On receipt of the court's order, the person or entity shall destroy any record in the person's or entity's possession that is related to a vacated offense or expunged record of arrest.
I. This section does not apply to a person who:
1. Is convicted of a criminal offense:
(a) Involving a dangerous offense or that is included in chapter 14 or 35.1 of this title.
(b) For which the person is required or ordered by the court to register pursuant to section 13-3821.
(c) For which there has been a finding of sexual motivation pursuant to section 13-118.
(d) In which the victim is a minor who is under fifteen years of age.
2. Has two or more felony convictions.
J. Unless otherwise provided by law, a person whose conviction is vacated pursuant to this section may respond to any inquiry as though the conviction did not exist.
K. Before a court sentences a person for an offense involving a misdemeanor or a class 4, 5 or 6 felony, the court shall inform the person of the rights provided by this section.