HB 2856
Initials NM/DC Page 1 Judiciary
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
HB 2856: sealing; arrest records; sentence reduction
Sponsor: Representative Rivero, LD 27
Committee on Judiciary
Overview
Permits a class 4, 5 or 6 felony, to be permanently designated as a class 1 misdemeanor, if
the felony was non-violent and more than five years ago.
History
Individuals may petition for the sealing of arrest, conviction and sentencing records under
specific conditions. Eligibility includes individuals who have completed all terms of their
sentence, who have had charges dismissed, who have been found not guilty or who were
arrested but not charged. Such a petition can be filed by someone convicted of a Class 4, 5 or
6 felony if a minimum of five years have passed and all court-mandated sentence obligations
and restitutions have been satisfied. The court must determine that sealing is in the best
interests of both the petitioner and public safety, and some offences, such as dangerous
crimes, are ineligible for sealing. If a petition is granted, the petitioner may legally state that
he was not arrested or convicted, except in specific situations, such as job applications for law
enforcement or positions requiring a fingerprint clearance card (A.R.S. § 13-911).
Provisions
1. Allows a class 4, 5 or 6 felony to be permanently designated as a class 1 misdemeanor if:
a) all court-imposed sentence terms and conditions, including monetary obligations,
have been completed by the offender;
b) the offence was more than five years ago;
c) the offence was nondangerous; and
d) the offence involved no victim. (Sec. 1)
2. Makes conforming changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note