The proposed bill, HB2302, amends Arizona law to allow individuals convicted of misdemeanors to petition for expungement of their conviction records starting January 1, 2024. This petition can be filed three years after fulfilling the conditions of their probation or sentence, provided they meet specific criteria. Notably, individuals convicted of certain offenses, including sexual offenses, domestic violence, and driving under the influence, as well as those convicted of a felony at the same time as the misdemeanor, are excluded from eligibility for expungement.
The bill outlines the requirements for filing a petition, including the need to serve the prosecuting attorney and provide information about the fulfillment of sentence conditions, any additional arrests or convictions, and any third-party recommendations. The court is mandated to deny petitions if the petitioner has previously obtained expungement for a felony, has pending legal matters, or has not paid restitution or fines. If the petition is granted, the court will seal the conviction records and notify relevant law enforcement agencies, while also ensuring that the victim is informed of the petition and their right to be heard.
Statutes affected: Introduced Version: 13-912
House Engrossed Version: 13-912