HB 2302
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
HB 2302: misdemeanor expungement; requirements; procedure
Sponsor: Representative Carter, LD 15
Committee on Judiciary
Overview
Allows a person who was convicted of a misdemeanor offense to submit a petition for
expungement (Petition) with the convicting court provided that the individual satisfies all outlined
requirements. Specifies the procedures a court must follow when reviewing a Petition.
History
Current law allows an eligible person who has been convicted of a criminal offense to apply to the
court to have the judgment of guilt set aside. When reviewing the application to set aside
judgement (Application), the court is mandated to review a multitude of factors, record all
reasoning regarding the Application in writing and allow any victims to be present at the hearing
if desired. A conviction that has been set aside may not be redacted or removed from the
individual's record but must contain an annotation indicating that it has been set aside.
Statute requires a court to issue a certificate of second chance (Certificate) upon approval of the
Application if the individual has not previously received a Certificate and any of the following are
true:
1) The conviction is for a misdemeanor, class 4, 5 or 6 felony and a minimum of two years
has passed since the fulfillment of probation or sentencing conditions; or
2) The conviction is for a class 2 or 3 felony and a minimum of five years has passed since
the fulfillment of all probation or sentencing conditions.
The Certificate releases an individual from any barriers resulting from the set aside conviction
while obtaining an occupational license under A.R.S. Title 32. Additionally, a Certificate restores
the individual's right to possess a firearm and provides the individual's employer and other entities
with protections pursuant to A.R.S. § 12-588.03 (A.R.S. § 13-905).
Provisions
1. Allows individuals convicted of a misdemeanor to file a Petition with the convicting court
provided that:
a) A minimum of three years has passed since the petitioner fulfilled all probation or
sentencing conditions; and
b) The conviction is not for:
i) Sexual offenses under A.R.S. Title 13, Chapter 14;
ii) Sexual exploitation of children offenses under A.R.S. Title 13, Chapter 35.1; or
iii) Driving under the influence offenses under A.R.S. Title 28, Chapter 4. (Sec. 1)
2. Requires the convicting court to request that the appropriate probation department evaluate
the Petition and submit an evaluation that includes:
a) A written recommendation concerning the Petition;
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b) Whether the probationer has fulfilled the conditions of their sentence or probation;
c) Any postconviction victim statements;
d) Additional arrests or convictions the petitioner may have;
e) Any written recommendations from third parties in support of expungement which have
been submitted to the probation department. (Sec. 1)
3. Requires a court to deny a Petition if any of the following apply:
a) The petitioner has previously obtained expungement in any jurisdiction for an offense
which would classify as a felony in the state of Arizona;
b) The petitioner has unresolved or pending matters in any jurisdiction;
c) The petitioner has failed to pay the full amount of restitution or fines ordered pursuant to
A.R.S. Title 13, Chapter 8. (Sec. 1)
4. Instructs all records of an individual's conviction to be sealed and prohibits any law
enforcement agency or court from releasing copies of the records unless otherwise directed
by court order, upon judicial approval of the Petition. (Sec. 1)
5. States that any individual who fails to comply with the prohibition of releasing expunged
records be liable to the petitioner for damages resulting for the failure to comply. (Sec. 1)
6. Specifies that an individual with an expunged conviction may respond to any inquiries as if
the conviction did not exist. (Sec. 1)