Bill Text: AZ HB2882 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced
Bill Title: Criminal records; destruction; expungement
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-19 - House JUD Committee action: Held, voting: (0-0-0-0-0-0) [HB2882 Detail]
Download: Arizona-2020-HB2882-Introduced.html
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REFERENCE TITLE: criminal records; destruction; expungement |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2882 |
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Introduced by Representative Bowers
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AN ACT
amending section 8‑349, Arizona Revised Statutes; amending title 13, chapter 9, Arizona Revised Statutes, by adding section 13‑911; relating to the destruction of records.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-349, Arizona Revised Statutes, is amended to read:
8-349. Destruction of juvenile records; expungement; research records; definition
A. A person who is at least eighteen years of age and who has been adjudicated delinquent or incorrigible may apply for destruction of the person's juvenile court, law enforcement and department of juvenile corrections records if the records involve an adjudication for an offense other than an offense listed in section 13‑501, subsection A or B or title 28, chapter 4 a serious offense or violent or aggravated felony as defined in section 13‑706, an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person, a dangerous crime against children as defined in section 13‑705 or sex trafficking pursuant to section 13‑1307.
B. The person shall attest to all of the following in the application:
1. The person is at least eighteen years of age.
2. 1. The person has not been convicted of a misdemeanor or felony offense or adjudicated delinquent for an offense that would be an offense listed in section 13‑501, subsection A or B or title 28, chapter 4 a serious offense or violent or aggravated felony as defined in section 13‑706, an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person, a dangerous crime against children as defined in section 13‑705 or sex trafficking pursuant to section 13‑1307.
3. 2. A criminal charge is not pending.
4. 3. It has been five years since the person has completed all of the terms and conditions of court-ordered probation or been discharged from the department of juvenile corrections pursuant to section 41‑2820 on successful completion of the individual treatment plan.
5. 4. All restitution is paid in full.
6. 5. The person is not under the jurisdiction of the juvenile court or the department of juvenile corrections.
7. 6. The person is not currently required to register pursuant to section 13‑3821.
8. 7. The person has either paid all monetary obligations in full or has requested the court to modify the outstanding monetary obligations pursuant to subsection K I of this section.
C. The juvenile court may order the destruction of records under subsection A of this section if the court finds all of the following:
1. The person is at least eighteen years of age.
2. 1. The person has not been convicted of a misdemeanor or felony offense.
3. 2. A criminal charge is not pending.
4. 3. The person was not adjudicated for an offense listed in section 13‑501, subsection A or B or title 28, chapter 4 a serious offense or violent or aggravated felony as defined in section 13‑706, an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person, a dangerous crime against children as defined in section 13‑705 or sex trafficking pursuant to section 13‑1307.
5. 4. It has been five years since the person successfully completed the terms and conditions of probation or was discharged from the department of juvenile corrections pursuant to section 41‑2820 on successful completion of the individual treatment plan.
6. 5. All restitution is paid in full.
7. 6. All monetary obligations are either paid in full or have been modified pursuant to subsection K I of this section.
8. 7. The person is not under the jurisdiction of the juvenile court or the department of juvenile corrections.
9. 8. The person is not currently required to register pursuant to section 13‑3821.
D. A person who is not eligible to have the person's records destroyed pursuant to subsection A of this section may apply to have the person's juvenile court and department of juvenile corrections records destroyed pursuant to subsection E of this section. The person shall attest to all of the following in an application:
1. The person is at least twenty‑five years of age.
2. The person has not been convicted of a felony offense.
3. A criminal charge is not pending.
4. All restitution is paid in full.
5. The person has either paid all monetary obligations in full or has requested the court to modify the outstanding monetary obligations pursuant to subsection K of this section.
6. The person is not currently required to register pursuant to section 13‑3821.
E. The juvenile court may order the destruction of records if the court finds that all of the following apply to a person who files an application pursuant to subsection D of this section:
1. The person is at least twenty‑five years of age.
2. The person has not been convicted of a felony offense.
3. A criminal charge is not pending.
4. All restitution is paid in full.
5. All monetary obligations are either paid in full or have been modified pursuant to subsection K of this section.
6. The person is not currently required to register pursuant to section 13‑3821.
7. The destruction of the records would further the rehabilitative process of the applicant.
D. the court shall order all law enforcement agencies in this state to destroy all records that are in the possession of the law enforcement agency and are related to the offense. An order destroying the records releases the person of all disabilities and penalties resulting from the adjudication and the adjudication may not be used, referred to or alleged in any subsequent criminal proceeding.
F. E. The juvenile court, law enforcement agencies and the department of juvenile corrections may store any records for research purposes.
G. F. At the juvenile's disposition hearing, the court shall inform the juvenile, in writing, of the right to the destruction of the juvenile's court, law enforcement and department of juvenile corrections records.
H. G. The clerk of the court may not charge a filing fee for the application to destroy juvenile records.
I. H. The clerk of the court shall transmit a copy of an application submitted pursuant to this section to the county attorney in the county in which the referral was made.
J. within thirty days after receiving the copy of the application, the county attorney may file an objection to an application that is submitted pursuant to this section for the destruction of records.
K. I. On a showing of good cause, the court may modify any monetary obligation except for victim restitution.
L. J. The juvenile court, the clerk of the superior court and the juvenile probation department, on notification by the probation department, shall destroy the records that concern a referral or citation that did not result in further action or that resulted in a successful completion of diversion within ninety days after the person who was the subject of the referral or citation reaches eighteen years of age. The probation department shall send a copy of the notice to the department of public safety central state repository.
M. K. Within six months after receiving a notification from the superior court that a person's juvenile delinquency or incorrigibility records were destroyed, the department of child safety shall destroy all court, juvenile probation and department of juvenile corrections records that are in the department of child safety's possession and that were produced in the delinquency or incorrigibility matter.
N. L. For the purposes of this section, "successfully" means, in the discretion of the court, the person satisfied the conditions of probation.
Sec. 2. Title 13, chapter 9, Arizona Revised Statutes, is amended by adding section 13-911, to read:
13-911. Destruction of records; expungement; research records; definition
A. A person who has been convicted of a misdemeanor or felony offense may apply for destruction of the person's court, law enforcement and state department of corrections records if the records involve a conviction for an offense other than a serious offense or violent or aggravated felony as defined in section 13‑706, an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person, a dangerous crime against children as defined in section 13‑705 or sex trafficking pursuant to section 13‑1307.
B. The person shall attest to all of the following in the application:
1. The person has not subsequently been convicted of a misdemeanor or felony offense and the conviction is not a serious offense or violent or aggravated felony as defined in section 13‑706, an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person, a dangerous crime against children as defined in section 13‑705 or sex trafficking pursuant to section 13‑1307.
2. A criminal charge is not pending.
3. It has been ten years since the person has completed all of the terms and conditions of probation or been discharged from the state department of corrections.
4. All restitution is paid in full.
5. The person is not under the jurisdiction of the court or the state department of corrections.
6. The person is not currently required to register pursuant to section 13‑3821.
7. The person has either paid all monetary obligations in full or has requested the court to modify the outstanding monetary obligations pursuant to subsection I of this section.
C. The court may order the destruction of records under subsection A of this section if the court finds all of the following:
1. The person has not subsequently been convicted of a misdemeanor or felony offense.
2. A criminal charge is not pending.
3. The person was not convicted of a serious offense or violent or aggravated felony as defined in section 13‑706, an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person, a dangerous crime against children as defined in section 13‑705 or sex trafficking pursuant to section 13‑1307.
4. It has been ten years since the person successfully completed the terms and conditions of probation or was discharged from the state department of corrections.
5. All restitution is paid in full.
6. All monetary obligations are either paid in full or have been modified pursuant to subsection I of this section.
7. The person is not under the jurisdiction of the court or the state department of corrections.
8. The person is not currently required to register pursuant to section 13‑3821.
D. the court shall order all law enforcement agencies in this state to destroy all records that are in the possession of the law enforcement agency and are related to the offense. An order destroying the records releases the person of all disabilities and penalties resulting from the conviction and the conviction may not be used, referred to or alleged in any subsequent criminal proceeding.
E. The court, law enforcement agencies and the state department of corrections may store any records for research purposes.
F. At the person's sentencing, the court shall inform the person, in writing, of the right to the destruction of the criminal records.
G. The clerk of the court may not charge a filing fee for the application to destroy the records.
H. The clerk of the court shall transmit a copy of an application submitted pursuant to this section to the county attorney in the county in which the complaint or indictment was made. within thirty days after receiving the copy of the application, the county attorney may file an objection to an application that is submitted pursuant to this section for the destruction of records.
I. On a showing of good cause, the court may modify any monetary obligation except for victim restitution.
J. The court, the clerk of the superior court and the probation department, on notification by the court, the prosecutor or the probation department, shall destroy the records that concern an indictment, a complaint or a charge that resulted in a not guilty verdict, were dismissed or did not result in further action or that resulted in a successful completion of diversion within one year after the date of the last action on the indictment, complaint or charge. The probation department shall send a copy of the notice to the department of public safety central state repository.
K. Within six months after receiving a notification from the superior court that a person's conviction records were destroyed, the department of public safety shall destroy all records that are in the department of public safety's possession and that were produced in the criminal action.
L. For the purposes of this section, "successfully" means, in the discretion of the court, the person satisfied the conditions of probation.
