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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
House: JUD DPA 9-0-0-0 |
HB 2658: expungement of misdemeanor convictions
Sponsor: Representative Carter N, LD 15
House Engrossed
Overview
Allows a person who was convicted of a misdemeanor to submit a petition for expungement (Petition) with the convicting court, provided that the individual satisfies all outlined requirements.
History
Current law allows an eligible person who has been convicted of a criminal offense to apply to the court to have the judgment of guilt set aside. When reviewing the application to set aside judgement, the court is mandated to review a multitude of factors, record all reasoning regarding the application and allow any victims to be present at the hearing. A conviction that has been set aside may not be redacted or removed from the individual's record but must contain an annotation indicating that it has been set aside (A.R.S. § 13-905).
Statute requires a court to issue a certificate of second chance upon approval of the Application if the individual has not previously received a certificate and either of the following are true:
1) the conviction is for a misdemeanor, class 6, 5 or 4 felony and a minimum of two years has passed since the fulfillment of probation or sentencing conditions; or
2) the conviction is for a class 2 or 3 felony and a minimum of five years has passed since the fulfillment of all probation or sentencing conditions (A.R.S. § 13-905).
The certificate releases an individual from any barriers resulting from the set aside conviction while obtaining an occupational license. Additionally, a certificate restores the individual's right to possess a firearm and provides the individual's employer and other entities with certain protections (A.R.S. §§ 12-588.03; 13-905).
Provisions
1. Permits a person who is arrested, charged or convicted of a misdemeanor to petition the court for an expungement of conviction. (Sec. 1)
2. Stipulates that the Petition cannot be filed sooner than three years after completing all probation or sentencing conditions, except that if the petitioner was convicted of shoplifting he must wait five years. (Sec. 1)
3. Requires the Petition to include:
a) whether the petitioner has fulfilled the conditions of sentence or probation;
b) whether the petitioner has any additional arrests or convictions;
c) a written recommendation for expungement from a third party; and
d) whether the petitioner has previously obtained an expungement. (Sec. 1)
4. Outlines the courts in which a petitioner is to file the Petition. (Sec. 1)
5. Requires the court to deny a Petition if either:
a) the petitioner has unresolved matters in any jurisdiction; or
b) the petitioner has not paid full restitution and all other court-ordered monetary obligations. (Sec. 1)
6. Outlines court procedures and hearings for an expungement. (Sec. 1)
7. Instructs the court to grant the Petition if it is in the best interests of the petitioner and the public's safety. (Sec. 1)
8. Outlines the legal effects of an expungement, including vacating the conviction, sealing all related records and notifying various law enforcement agencies to update their records. (Sec. 1)
9. Asserts that an offence that is expunged may not be used in a subsequent prosecution by a prosecuting agency or court. (Sec. 1)
10. Asserts that, after expungement, a person may lawfully respond to an inquiry as though the conviction did not exist, except that he must still disclose conviction if he is seeking employment with a law enforcement agency as a peace officer. (Sec. 1)
11. Excludes from eligibility for expungement the following offences:
a) domestic violence;
b) sexual offences;
c) sexual exploitation of children;
d) driving under the influence;
e) violent crimes; and
f) any felony offence charged in conjunction with the expunged misdemeanor. (Sec. 1)
12. Adds the processing of expungements to the formula to calculate judicial productivity credits for the purpose of salary calculations. (Sec. 2)
13. Contains a delayed effective date of January 1, 2026. (Sec. 3)
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HB 2658
Initials NM Page 0 House Engrossed
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