Assigned to JUD                                                                                                                     FOR COMMITTEE

 

 

 

 


ARIZONA STATE SENATE

Fifty-Fourth Legislature, Second Regular Session

 

FACT SHEET FOR H.B. 2412

 

conviction set-aside; traffic violations

Purpose

            Allows the court to set aside convictions related to specified traffic offenses.

Background

            A person convicted of a criminal offense, the person's attorney or the person's probation officer may apply to the court to have the judgement of guilt set aside upon fulfillment of the conditions of probation or sentence and discharge by the court.

            When determining whether to set aside a conviction, the court is required to consider:
1) the nature and circumstances of the offense; 2) the applicant's compliance with the conditions of probation, the sentence imposed and any Arizona Department of Corrections' rules or regulations; 3) any prior or subsequent convictions; 4) the victim's input and the status of victim restitution; 5) the length of time that has elapsed since the completion of the applicant's sentence; 6) the applicant's age at the time of conviction; and 7) any other relevant factors.

            The following convictions are not eligible to be set aside: 1) dangerous offenses;
2) offenses where persons are required or ordered to register as a sex offender; 3) offenses with findings of sexual motivation; 4) felony offenses in which the victim is a minor under 15 years old; and 5) specified traffic offenses. Traffic offenses that are ineligible to be set aside include:
1) driving on a suspended, revoked or canceled license; 2) local offenses relating to the stopping, standing or operation of a vehicle; and 3) traffic and vehicle regulation violations, except reckless driving (A.R.S. § 13-905). 

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.      Removes the following traffic offenses from the prohibited list of set-aside convictions:

a)      driving on a suspended, revoked or canceled license;

b)      local ordinances relating to the stopping, standing or operation of a vehicle; and

c)      traffic and vehicle regulation violations.

2.      Becomes effective on the general effective date.

House Action

JUD                 2/5/20        DP     9-0-0-1

3rd Read          2/25/20                 60-0-0

Prepared by Senate Research

March 3, 2020

JA/ML/kja