Expungement Bill Introduced


 

Arizona State Capitol Building

 

Arizona law does not provide for expungement of criminal cases and records.  A bill introduced in the Arizona State Senate would change that law to allow the court to vacate convictions and order the expungement of records for certain offenses.

 

State Senator Judy Burges has sponsored in the 2017 First Regular Legislative Session Arizona State Senate Bill SB1069 which if enacted into law, would authorize a court to vacate the conviction and expunge the records for Class 4, 5, and 6 Felonies, with certain exceptions.

 

The exceptions would be the procedure would not apply to felonies which are designated as Dangerous, for which the defendant is ordered to register pursuant to 13 A.R.S. § 3821, in which there had been a finding of Sexual Motivation under 13 A.R.S. § 118, or for which a victim is a minor under the age of 15 years.

 

To have the conviction vacated and the records expunged the defendant would be required to file a petition seeking that relief within 5 years after the defendant is either discharged by the court from probation or is absolutely discharged from prison.

 

The sentencing judge would be required to determine if good cause exists to grant the petition and may consider as factors, any additional arrests of the defendant, whether the defendant has paid restitution, and whether granting the petition is consistent with the Public Welfare.

 

Under the bill if a court grants the motion to vacate the conviction and expunge the records the defendant may thereafter say that the conviction did not exist.

 

The procedure would also require that upon the granting of the petition the court shall order all law enforcement agencies, prosecutors, the Arizona Department of Public Safety, courts and any other agencies in possession of records about the conviction to destroy those records.

 

The bill may found at the site below and you can track its progress at the second site below.

 

https://apps.azleg.gov/BillStatus/GetDocumentPdf/445663

https://apps.azleg.gov/BillStatus/BillOverview/68621?SessionId=117

 

Gordon Thompson

 

For more information about Arizona dui and criminal law issues please contact Gordon Thompson who has used his experience to write a blog on topics of interest. You can also chat with Gordon about your specific questions.   Website:  https://GordonThompsonAttorney.net