Bill Text: AZ HB2312 | 2018 | Fifty-third Legislature 2nd Regular | Introduced
Bill Title: Setting aside conviction; requirements
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2018-03-27 - Chapter 83 [HB2312 Detail]
Download: Arizona-2018-HB2312-Introduced.html
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REFERENCE TITLE: setting aside conviction; requirements |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2312 |
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Introduced by Representatives Farnsworth E: Boyer
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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; firearm possession; exceptions
A. Except as provided in subsection E subsections B and K 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 court to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge sentencing.
B. If the person is sentenced to imprisonment in the state department of corrections, the person may not apply to the court to have the judgment of guilt set aside until two years after the date of the person's absolute discharge from imprisonment.
B. C. The convicted person or, if authorized in writing, the convicted person's attorney or probation officer may apply to set aside the judgment. The clerk of the court may not charge a filing fee for an application to have a judgment of guilt set aside.
D. The court shall consider the following factors when determining whether to set aside the conviction:
1. The nature and circumstances of the offense that the conviction is based on.
2. The applicant's compliance with the conditions of probation, the sentence imposed and any state department of corrections' rules or regulations, if applicable.
3. Any prior or subsequent convictions.
4. The victim's input and the status of victim restitution, if any.
5. The length of time that has elapsed since the completion of the applicant's sentence.
6. The applicant's age at time of the conviction.
7. Any other factor that is relevant to the application.
C. E. If the judge, justice of the peace or magistrate grants the application is granted, the judge, justice of the peace or magistrate court shall set aside the judgment of guilt, dismiss the accusations or complaint, information or indictment 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, 28‑3305, 28‑3306, 28‑3307, 28‑3308, 28‑3312 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.
F. A conviction that is set aside may be:
1. Used as a conviction if the conviction would be admissible had it not been set aside.
2. Alleged as an element of an offense.
3. Used as a prior conviction.
4. Pleaded and proved in any subsequent prosecution of the person by this state or any subdivision of this state for any offense.
5. Used by the department of transportation in enforcing section 28-3304, 28‑3305, 28-3306, 28-3307, 28-3308, 28‑3312 or 28-3319 as if the judgment of guilt had not been set aside.
G. The clerk of the court must notify the department of public safety if a conviction is set aside. The department of public safety must update the person's criminal history with an annotation that the conviction has been set aside but may not redact or remove any part of the person's record.
H. This section does not:
1. Require a law enforcement agency to redact or remove a record or information from the record of a person whose conviction is set aside.
2. Affect a requirement to obtain a fingerprint clearance card pursuant to section 41-1758.03 or 41-1758.07.
I. If a conviction is set aside, the clerk of the court must restrict public access to and may not disclose any information from the clerk's records that contains the name and other identifying information of a person whose conviction has been set aside except to a law enforcement agency, a prosecuting agency, a probation department or the defendant or by court order. The clerk of the court is not required to remove from an exhibit the name and identifying information of a person whose conviction has been set aside.
D. J. Notwithstanding section 13‑905 or 13‑906, if a judgment of guilt conviction is set aside pursuant to this section, the person's right to possess a gun or firearm is restored. This subsection does not apply to a person who was convicted of a serious offense as defined in section 13‑706.
E. K. This section does not apply to a person who was convicted of a criminal offense any of the following:
1. Involving A dangerous offense.
2. A serious offense as defined in section 13‑706 or a violent or aggravated felony as defined in section 13‑706.
3. An offense listed in chapter 23 or 35.1 of this title.
2. 4. An offense for which the person is required or ordered by the court to register pursuant to section 13‑3821.
3. 5. An offense 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. 6. An offense in violation of title 28, chapter 3, section 28‑3473, or 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.
Sec. 2. Effective date
This act is effective from and after December 31, 2018.
