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REFERENCE TITLE: expungement of misdemeanor convictions |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HB 2658 |
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Introduced by Representative Carter N
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AN ACT
Amending title 13, chapter 9, Arizona Revised Statutes, by adding section 13-912; relating to probation and restoration of civil rights.
(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. Misdemeanor convictions; expungement
A. notwithstanding section 8-348 or 13-905, A PERSON WHO IS CONVICTED OF A MISDEMEANOR offense MAY PETITION THE CONVICTING COURT FOR AN EXPUNGEMENT OF THE RECORD OF CONVICTION. THE person shall file the PETITION 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 SERVE the petition ON THE PROSECUTING ATTORNEY.
B. THE PETITION MUST INCLUDE the following:
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. on receipt of A PETITION FOR EXPUNGEMENT PURSUANT TO THIS SECTIOn, THE COURT SHALL NOTIFY THE PROSECUTING AGENCY OF THE FILING OF THE PETITION AND ALLOW THE PROSECUTING AGENCY TO RESPOND TO THE PETITION WITHIN THIRTY DAYS. THE COURT MAY HOLD A HEARING ON THE REQUEST OF THE PETITIONER OR THE PROSECUTING AGENCY or IF THE COURT determines THERE ARE GENUINE DISPUTES OF FACT REGARDING WHETHER THE PETITION SHOULD BE GRANTED.
D. THE COURT SHALL REQUIRE THE PETITIONER TO ATTEST TO THE FOLLOWING AND SHALL DENY A PETITION FOR EXPUNGEMENT IF THE COURT finds THAT EITHER OF THE FOLLOWING APPLies:
1. THE PETITIONER HAS PENDING OR UNRESOLVED MATTERS IN ANY COURT OR JURISDICTION IN THIS STATE OR ANOTHER STATE.
2. THE PETITIONER HAS NOT PAID FULL RESTITUTION OR ANY FINE.
E. THE COURT SHALL GRANT THE PETITION UNLESS THE PROSECUTING AGENCY ESTABLISHES BY CLEAR AND CONVINCING EVIDENCE THAT THE PETITIONER IS NOT ELIGIBLE FOR EXPUNGEMENT OR THE PETITIONER FAILS TO meet THE REQUIREMENTS LISTED IN SUBSECTION D of this section.
F. THE COURT SHALL ISSUE A SIGNED ORDER OR MINUTE ENTRY GRANTING OR DENYING THE PETITION IN WHICH IT MAKES FINDINGS OF FACT AND CONCLUSIONS OF LAW.
G. IF THE COURT GRANTS the PETITION FOR EXPUNGEMENT, all of the following apply:
1. THE court, in its SIGNED ORDER OR MINUTE ENTRY, SHALL:
(a) VACATE THE petitioner's JUDGMENT OF ADJUDICATION OR CONVICTION.
(b) STATE THAT THE PETITIONER'S ARREST, CHARGE, CONVICTION, ADJUDICATION AND SENTENCE records are EXPUNGEd.
(c) REQUIRE THE CLERK OF THE COURT TO NOTIFY THE DEPARTMENT OF PUBLIC SAFETY, THE PROSECUTING AGENCY AND THE ARRESTING LAW ENFORCEMENT AGENCY, IF APPLICABLE, OF THE EXPUNGEMENT ORDER.
(d) REQUIRE THE CLERK OF THE COURT TO SEAL ALL RECORDS RELATING TO THE EXPUNGED ARREST, CHARGE, ADJUDICATION, CONVICTION OR SENTENCE AND ALLOW THE RECORDS TO BE ACCESSED ONLY BY THE person WHOSE RECORD WAS EXPUNGED OR THE person'S ATTORNEY.
2. THE DEPARTMENT OF PUBLIC SAFETY SHALL SEAL AND SEPARATE THE EXPUNGED RECORD FROM ITS RECORDS AND INFORM ALL APPROPRIATE STATE AND FEDERAL LAW ENFORCEMENT AGENCIES OF THE EXPUNGEMENT. UNLESS THE PETITIONER IS INDIGENT, THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE THE SUCCESSFUL PETITIONER A REASONABLE FEE DETERMINED BY THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO RESEARCH AND CORRECT THE PETITIONER'S CRIMINAL HISTORY RECORD.
3. THE ARRESTING AND PROSECUTING AGENCIES SHALL CLEARLY IDENTIFY IN EACH AGENCY'S FILES AND ELECTRONIC RECORDS THAT THE PETITIONER'S ARREST, CHARGE, CONVICTION, ADJUDICATION AND SENTENCE ARE EXPUNGED AND may NOT MAKE ANY RECORDS OF THE EXPUNGED ARREST, CHARGE, CONVICTION, ADJUDICATION OR SENTENCE AVAILABLE AS A PUBLIC RECORD TO ANY PERSON EXCEPT TO THE person WHOSE RECORD WAS EXPUNGED OR THAT PERSON'S ATTORNEY.
H. AN ARREST, CHARGE, ADJUDICATION, CONVICTION OR SENTENCE THAT IS EXPUNGED PURSUANT TO THIS SECTION MAY NOT BE USED IN A SUBSEQUENT PROSECUTION BY A PROSECUTING AGENCY OR COURT FOR ANY PURPOSE.
I. IF THE VICTIM HAS MADE A REQUEST FOR POSTCONVICTION NOTICE, THE PROSECUTING ATTORNEY SHALL PROVIDE THE VICTIM WITH NOTICE OF THE person'S PETITION AND INFORM THE VICTIM OF THE VICTIM'S RIGHT TO BE HEARD ON THE PETITION.
J. UNLESS OTHERWISE PROVIDED BY LAW, A PERSON whose record is EXPUNGEd PURSUANT TO THIS SECTION MAY RESPOND TO ANY INQUIRY AS THOUGH THE CONVICTION DID NOT EXIST.
K. This section does not apply to any person who is convicted of:
1. A violation of section 13-3601, chapter 14 or 35.1 of this title or title 28, chapter 4.
2. A violation of any felony offense or an offense listed in paragraph 1 of this subsection that was committed at the same time as the misdemeanor offense that is the subject of the expungement petition.
Sec. 2. Effective date
Section 13-912, Arizona Revised Statutes, as added by this act, is effective from and after December 31, 2025.