ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

 

HB 2882: criminal records; destruction; expungement

Sponsor:  Representative Bowers, LD 25

Committee on Judiciary

Overview

Outlines the eligibility and process for the destruction of a person's criminal records.

History

Current statute allows for a person who is at least eighteen years of age and who has been adjudicated delinquent or incorrigible to apply for the destruction of the person's juvenile court and Department of Juvenile Corrections records. A person may only apply for the destruction of these records if the records involve an adjudication for an offense other than specific felony offenses. (A.R.S. § 8-349)

The person must attest to the following in an application for the destruction of records, and the court must find all of the following to order the destruction of records:

1)    The person is at least eighteen years of age;

2)    The person has not been convicted of a felony offense or adjudicated delinquent for specific felony offenses;

3)    A criminal charge is not pending;

4)    The person has completed all of the terms and conditions of court-ordered probation or been discharged from the Department of Juvenile Corrections;

5)    All restitution is paid in full;

6)    The person is not a registered individual; and

7)    The person has either paid all monetary obligations in full or has requested the court to modify the outstanding monetary obligations. (A.R.S. § 8-349)

 

Provisions

1.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteStates a person who has been adjudicated delinquent or incorrigible may apply for the destruction of the person's juvenile court, law enforcement and department of juvenile corrections records if the records involve an adjudication for an offense other than a serious offense, a violent offense, aggravated felony, the use or threatening of a deadly weapon, knowingly inflicting serious physical injury on another person, a dangerous crime against children or sex trafficking. (Sec. 1)

2.    Removes the requirement for a person to be at least eighteen years of age when applying for the destruction of the person's juvenile court, law enforcement and Department of Juvenile Corrections records. (Sec. 1)

3.    Stipulates the person must attest to the following in the application for the destruction of records and the Department of Juvenile Corrections must find the following before ordering the destruction of records:

a)   The person has not been convicted of a misdemeanor or felony offense or adjudicated delinquent for a serious offense, a violent offense, aggravated felony, the use or threatening of a deadly weapon, knowingly inflicting serious physical injury on another person, a dangerous crime against children or sex trafficking; and

b)   It has been five years since the person completed all of the terms and conditions of court-ordered probation or been discharged from the Department of Juvenile Corrections based on the successful completion of the individual treatment plan. (Sec. 1)

4.    Removes the requirement for a person to be at least eighteen years of age before the Department of Juvenile Corrections can order the destruction of a person's records. (Sec. 1)

5.    Removes the option for a person who otherwise may not be eligible for the destruction of records to apply for the person's juvenile court and Department of Juvenile Corrections records to be destroyed if the following conditions apply:

a)   The person is at least twenty-five years of age;

b)   The person has not been convicted of a felony offense;

c)   A criminal charge is not pending;

d)   All restitution is paid in full; and

e)   The person has either paid all monetary obligations in full or has requested the court to modify the outstanding monetary obligations. (Sec. 1)

 

6.    Removes the option for the juvenile court to order the destruction of a person's records for a person who otherwise may not be eligible if the following conditions apply:

a)   The person is at least twenty-five years of age;

b)   The person has not been convicted of a felony offense;

c)   A criminal charge is not pending;

d)   All restitution is paid in full;

e)   The destruction of records would further the rehabilitative process of the applicant; and   

f)    The person has either paid all monetary obligations in full or has requested the court to modify the outstanding monetary obligations. (Sec. 1)

 

7.    States the court must order all law enforcement agencies to destroy all records that are in possession of the law enforcement agency and are related to the offense if the person's application is granted. (Sec. 1)

 

8.    States an order destroying the records releases the person of all disabilities and penalties resulting from the adjudication, and the adjudication may not be used, referred to or alleged in any subsequent criminal proceeding. (Sec. 1)

 

9.    Allows the juvenile court, law enforcement agencies and the Department of Juvenile Corrections to store any records for research purposes. (Sec. 1)

 

10.  Mandates at the juvenile's disposition hearing, the court must inform the juvenile, in writing, of the right to the destruction of the person's juvenile court, law enforcement, and Department of Juvenile Corrections records. (Sec. 1)

 

11.  States within 30 days after receiving a copy of the application for the destruction of records, the county attorney may file an objection. (Sec. 1)

 

12.  Allows a person who has been convicted of a misdemeanor or felony offense to apply for the destruction of the person's court, law enforcement and state department of corrections records if the records involve a conviction for an offense other than than a serious offense, a violent offense, aggravated felony, the use or threatening of a deadly weapon, knowingly inflicting serious physical injury on another person, a dangerous crime against children or sex trafficking. (Sec. 2)

 

13.  Outlines in the application that the person applying for the destruction of records must attest to all of the following:

a)    The person has not been convicted of a misdemeanor or felony offense for a serious offense, a violent offense, aggravated felony, the use or threatening of a deadly weapon, knowingly inflicting serious physical injury on another person, a dangerous crime against children, or sex trafficking;

b)    A criminal charge is not pending;

c)    It has been 10 years since the person has completed all of the terms and conditions of probation or been discharged from the state department of corrections;

d)    All restitution is paid in full;

e)    The person is not currently under the jurisdiction of the court or state department of corrections;

f)     The person is not a registered individual; and

g)    The person has either paid all monetary obligations in full or has requested the court to modify the outstanding monetary obligations. (Sec. 2)

 

14.  Mandates that before a court may order the destruction of records, the above conditions must apply to the person applying for the destruction of records. (Sec. 2)

 

15.  States the court must order all law enforcement agencies to destroy all records that are in the possession of the law enforcement agency and are related to the offense if the person's application is granted. (Sec. 2)

 

16.  States an order destroying the records releases the person of all disabilities and penalties resulting from the adjudication, and the adjudication may not be used, referred to or alleged in any subsequent criminal proceeding. (Sec. 2)

 

17.  Allows the court, law enforcement agencies, and the state department of corrections to store any records for research purposes. (Sec. 2)

 

18.  Requires the court to inform the person in writing, at the person's sentencing, of the right to the destruction of the criminal records. (Sec. 2)

 

19.  Prohibits the clerk of the court from charging a filing fee for the application to destroy the records. (Sec. 2)

 

20.  States the clerk of the court must send a copy of the application submitted to the county attorney in the county in which the complaint or indictment was made, and within 30 days after receiving a copy of the application for the destruction of records, the county attorney may file an objection. (Sec. 2)

 

21.  Allows the court to modify any monetary obligation, based on good cause, except for victim restitution. (Sec. 2)

 

22.  Requires the court, clerk of the superior court, and the probation department to destroy the records concerning an indictment, complaint, or a charge that resulted in a not guilty verdict or was dismissed and send a copy of the notice to the Department of Public Safety central state repository. (Sec. 2)

 

23.  Requires the Department of Public Safety to destroy all records related to a person's conviction record within six months after receiving notification from the superior court that the person's conviction records were destroyed. (Sec. 2)

 

24.  Defines the term successfully as meaning in the discretion of the court, the person satisfied the condition of probation. (Sec. 2)

 

25.  Makes conforming changes. (Sec. 1

26.   

27.   

28.  ---------- DOCUMENT FOOTER ---------

29.                    HB 2882

30.  Initials LC  Page 0 Judiciary

31.   

32.  ---------- DOCUMENT FOOTER ---------