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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
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HB 2658: expungement of misdemeanor convictions
Sponsor: Representative Carter N, LD 15
Committee on Judiciary
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 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. (Sec. 1)
3. Instructs the petitioner to serve the Petition on the prosecuting attorney. (Sec. 1)
4. 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; and
c) a written recommendation for expungement from a third party. (Sec. 1)
5. Directs the court, upon receipt of a Petition, to notify the prosecuting agency. (Sec. 1)
6. Allows the prosecuting agency 30 days to respond to the Petition. (Sec. 1)
7. Permits the court to hold a hearing if requested by either party or if there is a genuine dispute of facts regarding if the Petition should be granted. (Sec. 1)
8. 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 fines. (Sec. 1)
9. Requires the court, unless the prosecuting agency establishes by clear and convincing evidence that the petitioner is not eligible for expungement, to grant the expungement. (Sec. 1)
10. Directs the court to issue a signed order or minute entry granting or denying the Petition in which it makes findings of fact and conclusions of law. (Sec. 1)
11. 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)
12. Asserts that an offence that is expunged may not be used in a subsequent prosecution by a prosecuting agency or court. (Sec. 1)
13. Instructs, if the victim hade a request for postconviction notice, the prosecuting attorney to inform the victim of the Petition and the victim's right to be heard on the Petition. (Sec. 1)
14. Asserts that, after expungement, a person may lawfully respond to an inquiry as though the conviction did not exist. (Sec. 1)
15. Excludes from eligibility for expungement the following offences:
a) domestic violence;
b) sexual offences;
c) sexual exploitation of children;
d) driving under the influence; and
e) any felony offence committed at the same time as the expunged misdemeanor. (Sec. 1)
16. Contains a delayed effective date of January 1, 2026. (Sec. 2)
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HB 2658
Initials NM Page 0 Judiciary
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