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House Engrossed
misdemeanor expungement; requirements; procedure |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HOUSE BILL 2302 |
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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
A. Beginning January 1, 2024, except for offenses listed in chapter 14 or 35.1 of this title, section 13-3601 or title 28, chapter 4 or persons who are convicted of a felony or excluded offense pursuant to this subsection at the same time as the misdemeanor conviction, 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 petition must include:
1. Whether the petitioner has fulfilled the conditions of sentence or any term of probation.
2. Whether the petitioner has any additional arrests or convictions.
3. Any written recommendation in support of expungement that is provided by a THIRD party.
C. The court shall require the petitioner to attest to the following and shall deny a petition for expungement if the court knows that any of the following apply:
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 court shall forward a copy of the order to the department of transportation if appropriate. 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. If the victim has made a request for postconviction notice, the prosecuting attorney shall provide the victim with notice of the defendant's petition and inform the victim of the victim's right to be heard on the petition.
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.