The proposed bill would significantly revise the current statutes governing the expungement of misdemeanor records in Arizona. Under new provisions, individuals would be permitted to petition for expungement after a waiting period of three years following an arrest without charges, a dismissal, or a not guilty verdict, or five years after completing probation or a sentence for a misdemeanor conviction. The bill specifies that individuals convicted of certain offenses, such as sexual offenses and domestic violence, would be ineligible for expungement. Additionally, the bill mandates that petitions include written recommendations from third parties and outlines the court's obligation to consider various factors before making a decision on the expungement. Furthermore, the bill establishes a structured process for notifying relevant parties, including prosecutors and victims, and ensures that expunged records are sealed and treated as if they never existed, with limited exceptions for law enforcement inquiries. Current statutes do not provide a clear framework for expungement of misdemeanor records. If the court grants the expungement, it will issue an order to seal the records and notify relevant agencies, ensuring that the records remain inaccessible to the public. The new provisions are set to take effect on December 31, 2026.

Statutes affected:
Introduced Version: 13-922, 22-125, 8-348, 13-905, 13-1805, 13-3601, 13-901.03
Senate Engrossed Version: 13-922, 22-125, 8-348, 13-905, 13-3601, 13-901.03