SB 1069 — vacating felony conviction; record destruction

SB1069 - 531R - IS Ver       REFERENCESenate TITLE:Engrossed       State of Arizona Senate Fifty-third Legislature First Regular Session     SENATE BILL 1069       AN ACT   amending section 13‑907, Arizona Revised Statutes;

vacatingrelating felonyto conviction;setting aside convictions.

record destruction       State of Arizona Senate Fifty-third Legislature First Regular Session     SB 1069   Introduced by Senator Burges     AN ACT   amending title 13, chapter 9, Arizona Revised Statutes, by adding section 13‑907.02;

relating to vacating convictions.

Section 1.  TitleSection 1.  Section 13,13-907, chapter 9, Arizona Revised Statutes, is amended by adding section 13-907.02, to read:

START_STATUTE13-907.02.  VacatingSTART_STATUTE13-907.  Setting classaside 4,judgment 5of orconvicted 6person felonyon convictions;discharge;

expungement;application;

requirements;release from disabilities;

identityfirearm verification;possession;

recordexceptions destruction;A.  Except as provided in subsection E of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office to have the judgment of guilt set aside.  The convicted person shall be informed of this right at the time of discharge.

noticeB.  The 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 mayor, fileif theauthorized petition as a motion in thewriting, original case with the courtconvicted thatperson's pronouncedattorney sentenceor not less than five years after the date the person fulfills the conditions of probation orofficer 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 possessapply the records that are subject to expungementset foraside each offense listed in the petition. judgment. A court order that vacates a judgment of conviction does not affect any person or entity that is not listed in the petition.

B.  TheC.  If petitionthe mustjudge, includejustice allof the peace or magistrate grants the application, the judge, justice of the following:peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction except those imposed by:

1.  The petitioner'sdepartment fullof name,transportation sex,pursuant driverto licensesection number,28‑3304, 28‑3306, 28‑3307, 28‑3308 or 28‑3319, except that the conviction may be used as a conviction if applicable,the conviction would be admissible had it not been set aside and currentmay address.be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the department of transportation in enforcing section 28‑3304, 28‑3306, 28‑3307, 28‑3308 or 28‑3319 as if the judgment of guilt had not been set aside.

2.  Each2.  The offensegame thatand thefish petitionercommission ispursuant convictedto ofsection and17‑314 isor requesting17‑340. to be vacated.

3.  TheD.  Notwithstanding datesection 13‑905 or 13‑906, if a judgment of eachguilt offenseis andset aside pursuant to this section, the dateperson's right to possess a gun or firearm is restored.  This subsection does not apply to a person who was convicted of thea arrestserious foroffense eachas offense,defined ifin applicable.section 13‑706.

4.  TheE.  This namesection ofdoes thenot countyapply orto municipalitya whereperson thewho petitioner was arrestedconvicted orof chargeda forcriminal anoffense: 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:

2.  For which the person is required or ordered by the court to register pursuant to section 13-3821.13‑3821.

3.  For which there has been a finding of sexual motivation pursuant to section 13-118.13‑118.

I.  Unless5.  In otherwiseviolation providedof bysection law,28‑3473, any local ordinance relating to stopping, standing or operation of a personvehicle whoseor convictiontitle is28, vacatedchapter pursuant3, toexcept thisa sectionviolation mayof respondsection to28‑693 or any inquirylocal asordinance thoughrelating to the convictionsame didsubject notmatter exist.as section 28‑693.

J.  BeforeF.  A aperson courtwhose sentencesconviction ais personset foraside apursuant classto 4,this 5section ormay 6answer felony,on theany courtapplication shallfor informemployment or public benefits that the person was not convicted of the rightsoffense providedthat forwas inset thisaside. section.