*Sponsorship has changed since the bill was introduced
|
REFERENCE TITLE: misdemeanor expungement; requirements; procedure |
|
State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
|
|
HB 2697 |
|
|
|
*Introduced by Representatives Carter: Cobb, Cook, Fernandez B, Payne
|
AN ACT
amending title 13, chapter 9, Arizona Revised Statutes, by adding section 13-912; relating to expungement.
(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 13-912, to read:
13-912. Expungement of misdemeanor conviction; evaluation; grounds; court order; damages
A. Except for offenses listed in chapter 14 or 35.1 of this title or tile 28, chapter 4, a person who is convicted of a misdemeanor may petition the convicting court for an expungement of the record of conviction. The petition shall be filed with the court not sooner than three years after the date of the fulfillment of the conditions of the petitioner's probation or sentence and discharge by the court and shall be served on the prosecuting attorney.
B. The court shall request that the probation department evaluate the petition. The evaluation must include:
1. A written recommendation concerning the petition for expungement.
2. Whether the petitioner has fulfilled the conditions of sentence or any term of probation.
3. The statement of a victim who has requested notification of postconviction matters.
4. Whether the petitioner has any additional arrests or convictions.
5. Any written recommendation in support of expungement that is provided by a THIRD party and that is submitted to the probation department.
C. The court shall deny a petition for expungement if any of the following applies:
1. The petitioner has previously obtained expungement in any jurisdiction of an offense that would be a felony in this state.
2. The petitioner has any pending or unresolved matters in any court or jurisdiction in this state or another state.
3. The petitioner has not paid the full amount of restitution or any fine ordered pursuant to chapter 8 of this title.
D. After a hearing on the petition, if the judge believes that justice will be served, the judge shall order that all records of the person's conviction that are in the custody of the court be sealed with accompanying justification and shall deliver a copy of the order to all law enforcement agencies and courts. The order shall further require that all law enforcement agencies and courts not release copies of the records to any person except on order of the court.
E. Any person who has notice of the order and who fails to comply with the court order issued pursuant to this section is liable to the person for damages resulting from the failure.
F. Unless otherwise provided by law, a person who receives an expungement for a conviction pursuant to this section may respond to any inquiry as though the conviction did not exist.