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REFERENCE TITLE: vacating felony conviction; record destruction |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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SB 1069 |
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Introduced by Senator Burges
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AN ACT
amending title 13, chapter 9, Arizona Revised Statutes, by adding section 13‑907.02; relating to vacating convictions.
(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 13-907.02, to read:
13-907.02. Vacating class 4, 5 or 6 felony convictions; expungement; requirements; identity verification; record destruction; notice
A. A person who is convicted of a class 4, 5 or 6 felony may petition the court that pronounced sentence to vacate the judgment of conviction and expunge any records related to that conviction. The person may file the petition as a motion in the original case with the court that pronounced sentence not less than five years after the date the person fulfills the conditions of probation or sentence and is discharged by the court or receives an absolute discharge from imprisonment. The petition shall name as defendants all law enforcement agencies, courts, prosecuting agencies, the department of public safety and any other person who the petitioner knows or has reason to believe may possess the records that are subject to expungement for each offense listed in the petition. A court order that vacates a judgment of conviction does not affect any person or entity that is not listed in the petition.
B. The petition must include all of the following:
1. The petitioner's full name, sex, driver license number, if applicable, and current address.
2. Each offense that the petitioner is convicted of and is requesting to be vacated.
3. The date of each offense and the date of the arrest for each offense, if applicable.
4. The name of the county or municipality where the petitioner was arrested or charged for an offense that is included in the petition.
5. The name of any law enforcement agency that arrested the petitioner for an offense that is included in the petition.
6. The petitioner's fingerprints on a standard fingerprint card.
C. The court shall forward the petitioner's fingerprint card to the department of public safety. The department of public safety shall provide the court with a positive identification of the person who submitted the fingerprint card.
D. The court may not set a hearing date until at least thirty days after the petition is filed. The court shall provide notice of the hearing to each person or entity that is listed as a defendant in the petition.
E. On a showing of good cause, the court may waive any remaining fines, fees or interest that is associated with a fine or fee but may not waive any remaining Restitution.
F. After a hearing on the petition, the judge may enter an order vacating the judgment of conviction and expunging the record for each offense that the judge determines vacating the conviction and expunging the record are warranted. In determining whether vacating the conviction and expunging the record are warranted, the court may hear testimony and accept evidence on the following:
1. Whether the petitioner has any additional arrests or convictions during the five years following the date the petitioner fulfilled the conditions of probation or sentence and was discharged by the court or received an absolute discharge from imprisonment.
2. Whether the petitioner has paid the restitution that was ordered by the court for each conviction.
3. Whether the circumstances and the behavior of the petitioner warrant vacating the conviction and expunging the record.
4. Whether vacating the judgment and expunging the record are consistent with the public welfare.
G. For each vacated conviction, 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. The court shall transmit a copy of the order vacating the judgment of conviction and expunging the record to each person or entity that is named in the petition. On receipt of the court's order, the person or entity shall destroy any record in the person's or entity's possession that is related to a vacated offense.
H. This section does not apply to a person who is convicted of a criminal offense:
1. Involving a dangerous offense.
2. For which the person is required or ordered by the court to register pursuant to section 13-3821.
3. For which there has been a finding of sexual motivation pursuant to section 13-118.
4. In which the victim is a minor under fifteen years of age.
I. Unless otherwise provided by law, a person whose conviction is vacated pursuant to this section may respond to any inquiry as though the conviction did not exist.
J. Before a court sentences a person for a class 4, 5 or 6 felony, the court shall inform the person of the rights provided for in this section.