 |
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
gold;
silver; currency; study committee
(NOW: subsequent felony; sealing case records)
As passed by the Senate, S.B. 1639 established a Gold and Silver Currency Study Committee and prescribed committee membership, duties and requirements.
The House of Representatives adopted a strike everything amendment that does the following:
Purpose
Modifies eligibility and reporting requirements relating to the sealing of case records for criminal offenses.
Background
Current statute allows a person who was convicted of, charged with, or arrested for a criminal offense to petition the court to seal all case records related to the criminal offense if specified criteria are met. A person who was convicted of qualifying offenses and who has not subsequently been convicted of any other offense, except for misdemeanor traffic violations that are not driving under the influence (DUI) violations, may petition the court for the sealing of case records after the completion of all terms and conditions of the person's sentence, and after prescribed periods of time have passed since the completion of such terms and discharge by the court. A person who has a historical prior felony conviction on their record must wait an additional five years before making the sealing petition.
Once the court grants a petition, the clerk of the court, the Department of Public Safety (DPS) and the arresting and prosecuting agencies must seal the person's relevant case records, and the case records may only be disclosed for specified purposes. A person whose records are sealed may state, in all instances, that the person has never been arrested for, charged with or convicted of the crime in question, including in responses to employment, housing, financial aid or loan applications. However, a person may still be required to disclose information relating to their sealed case records when applying for a fingerprint clearance card or certain employment positions and the crime committed relates to the type of work the person is pursuing.
Sealed case records may still be used for specified purposes, including being alleged as an element of an offense, and used as a historical prior felony conviction or an enhancement for a subsequent felony sentence. Additionally, sealed records must be made available to specified persons, including the convicted person's attorney, the victim in the case if they have exercised victim's rights, and various public safety agencies. Offenses that are ineligible for sealing include: 1) dangerous crimes against children (DCAC); 2) sexual offenses and sex trafficking; 3) serious offenses or violent or aggravated felonies; and 4) offenses that involved a deadly weapon, a dangerous instrument, or the knowing infliction of serious physical injury on another person (A.R.S. § 13-911).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Removes the prohibition against a person petitioning to seal case records if the person has subsequently been convicted of any other offense, except for non-DUI traffic misdemeanors.
2. Allows a person whose case records have been sealed and who commits a subsequent felony offense, rather than a person who has a historical prior felony conviction, to petition the court for the sealing of records relating to the subsequent felony after the applicable waiting period and an additional five years have passed.
3. Allows a person convicted of eligible offenses to petition to seal case records after all nonmonetary terms and conditions of the person's sentence have been completed.
4. Stipulates that a petitioner must have paid all fines, fees and restitution ordered by the court at the time of filing the petition to be eligible to seal case records.
5. Allows the prescribed timeframes that must pass before a person may file a petition to begin to run once the person completes all nonmonetary conditions of probation or sentence.
6. Removes the prohibition against a person who is convicted of two or more offenses from petitioning the court for the sealing of case records until after the applicable period of time has passed for each conviction.
7. Requires a person whose case records have been sealed to disclose information regarding the person's arrest, charge or conviction if the sealed case records involved:
a) only class 2 or 3 felony drug offenses, rather than any drug offenses;
b) specific burglary offenses, specific theft offenses and organized retail theft, rather than any burglary or theft offense, if the person is applying for a job that requires entering into and performing services inside a residential structure; and
c) any offense involving theft, robbery, forgery, credit card fraud, business and commercial fraud, telecommunication fraud, organized crime or terrorism in any manner, rather than theft or theft of means of transportation, forgery, taking the identity of another or fraudulent schemes and artifices, if the person is applying for a job involving accounting, overseeing, transporting, handling or managing another person's money or financial assets.
8. Specifies that a petition to seal case records may not be granted if the petitioner has a charge pending that could result in a disqualifying criminal conviction, and specifies the courts in which such petition must be filed.
9. Specifies that dangerous offenses are ineligible to be sealed, rather than requiring a person to have been sentenced as a dangerous offender in order for their records to be ineligible for sealing.
10. Extends, from 30 days to 60 days, the timeframe during which the court may not grant a petition to seal case records in order to provide the prosecutor and all victims with an opportunity to object to the petition.
11. Removes the requirement that a person must have been convicted of an ineligible offense in order for their records to be ineligible for sealing.
12. Requires the Board of Fingerprinting to consider sealed case records as a mitigating circumstance in determining whether to grant a good cause exception.
13. Makes technical and conforming changes.
14. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
1. Adopted the strike-everything amendment related to sealing case records.
3. Specifies that a petition to seal case records may not be granted if the petitioner has a charge pending that could result in a disqualifying criminal conviction, and specifies the courts in which such petition must be filed.
4. Specifies that a person convicted of eligible offenses may petition to seal case records after all nonmonetary terms and conditions of the person's sentence have been completed.
5. Stipulates that a petitioner must have paid all fines, fees and restitution ordered by the court at the time of filing the petition to be eligible to seal case records.
6. Allows the prescribed timeframes that must pass before a person may file a petition to begin to run once the person completes all nonmonetary conditions of probation or sentence.
House Action
APPROP 3/25/24 DPA/SE 17-0-0-0
3rd Read 4/4/24 58-1-1
Prepared by Senate Research
April 8, 2024
ZD/cs