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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
conviction; set aside; traffic violations
Purpose
Allows persons convicted of criminal offenses relating to various traffic violations to apply to have a judgment of guilt set aside.
Background
When a judgment of guilt is set aside: 1) the Department of Public Safety must update the person's criminal history with an annotation that the conviction has been set aside; and 2) the person's right to possess a firearm is restored if the required time has passed since the offense and that person was not convicted of a serious offense (A.R.S. § 13-905).
Statute allows every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, to apply to the court to have a judgment of guilt set aside, unless that criminal offense: 1) is dangerous; 2) requires the defendant to register as a sex offender; 3) is committed for the purpose of the defendant's sexual gratification; 4) is a felony offense in which the victim is a minor under 15 years old; or 5) is in violation of statute prohibiting driving on a suspended, revoked or cancelled license, any local ordinance relating to stopping, standing or operation of a vehicle or statute on traffic and vehicle regulation, except those regarding reckless driving (A.R.S. § 13-905).
A person is guilty of reckless driving if the person drives a vehicle in reckless disregard for the safety of persons or property (A.R.S. § 28-693).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows persons convicted of a criminal offense to apply to the court to have a judgment of guilt set aside for:
a) driving on a suspended, revoked or cancelled license; or
b) violating any local ordinance relating to stopping, standing or operation of a vehicle or statute on traffic and vehicle regulation.
2. Becomes effective on the general effective date.
Prepared by Senate Research
February 2, 2021
JA/RC/kja