Bill Text: AZ HB2057 | 2014 | Fifty-first Legislature 2nd Regular | Introduced
Bill Title: Setting aside conviction; public records
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-29 - Referred to House JUD Committee [HB2057 Detail]
Download: Arizona-2014-HB2057-Introduced.html
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REFERENCE TITLE: setting aside conviction; public records |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2057 |
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Introduced by Representative Kavanagh
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AN ACT
amending section 13‑907, Arizona Revised Statutes; relating to setting aside a conviction.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-907, Arizona Revised Statutes, is amended to read:
13-907. Setting aside judgment of convicted person on discharge; application; release from disabilities; exceptions; sealing of record
A. Except as provided in subsection D 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.
B. The convicted person or, if authorized in writing, the convicted person's attorney or probation officer may apply to set aside the judgment.
C. If the judge, justice of the peace or magistrate grants the application, the judge, justice of the 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 department of transportation pursuant to section 28‑3304, 28‑3306, 28‑3307, 28‑3308 or 28‑3319, except that the conviction may be used as a conviction if the conviction would be admissible had it not been set aside and may 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. The game and fish commission pursuant to section 17‑314 or 17‑340.
D. This section does not apply to a person who was 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.
5. In violation of section 28‑3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, except a violation of section 28‑693 or any local ordinance relating to the same subject matter as section 28‑693.
E. On request and a showing of good cause, the judge, justice of the peace or magistrate may seal the record of a person whose judgment of guilt is set aside. If the judge, justice of the peace or magistrate seals the record, this state and any agency or political subdivision of this state may not knowingly display or disclose any information that is included in the record of conviction on a public website or in response to a public records request. A person whose record is sealed may request that this state and any agency or political subdivision of this state remove from public disclosure any information that is included in the sealed record.
