First Regular Session H.B. 2302
PROPOSED
SENATE AMENDMENTS TO H.B. 2302
(Reference to House engrossed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Title 8, chapter 3, article 3, Arizona Revised Statutes, is amended by adding section 8-350.03, to read:
8-350.03. Expungement of misdemeanor adjudication; criminal history report; fee; evaluation; grounds; court order
A. Beginning January 1, 2024, except for offenses listed in title 13, chapter 14 or 35.1, section 13-3601 or title 28, chapter 4 or persons who are adjudicated delinquent for a felony or excluded offense pursuant to this subsection at the same time as the misdemeanor adjudication, a person who is adjudicated delinquent for a misdemeanor may petition the adjudicating court for an expungement of the record of adjudication. The petition shall be filed with the adjudicating court not sooner than three years after the date of the fulfillment of the conditions of the petitioner's probation or sentence and discharge by the adjudicating court and shall be served on the prosecuting agency.
B. The petition must include:
1. Whether the petitioner has fulfilled the conditions of sentence or any term of probation.
2. Whether the petitioner has any additional arrests or convictions.
3. Any written recommendation in support of expungement that is provided by a third party.
C. The court shall require the petitioner to attest to the following and shall deny a petition for expungement if the court determines that any of the following applies:
1. The petitioner has previously obtained expungement in any jurisdiction of an offense that would be a felony in this state.
2. The petitioner has any pending or unresolved matters in any court or jurisdiction in this state or another state.
3. The petitioner has not paid the full amount of restitution or any fine ordered pursuant to this title or title 13, chapter 8.
D. After a petition is filed, the court shall notify the department of public safety and request the department of public safety to prepare and submit a report to the court that includes all of the petitioner's state and federal arrests, prosecutions and adjudications and any other information that the court requests or that the department of public safety believes will assist the court in making a determination pursuant to this section. Unless the petitioner is indigent, the director of the department of public safety may charge the petitioner a fee that is determined by the director for the investigation.
E. The court may not grant or deny a petition until thirty calendar days after the court receives the petition unless the court receives notice that both the prosecutor and all victims who have made a request for postconviction notice do not object to the petition. Unless the petitioner, prosecutor or victim requests a hearing, the court may grant or deny a petition without a hearing. The court may dismiss a petition that does not meet the requirements prescribed in this section without a hearing. If the court believes that justice will be served, the court shall order that all records of the person's adjudication that are in the custody of the court be sealed with accompanying justification and shall deliver a copy of the order to all law enforcement agencies and courts. The court shall forward a copy of the order to the department of transportation if appropriate. The order shall further require that all law enforcement agencies and courts not release copies of the records to any person except on order of the court or as follows:
1. To the petitioner and any attorney who has filed a notice of appearance on behalf of the petitioner.
2. To any victim in the case.
3. To any of the following if the purpose relates to the operation of the requesting party's official duties or internal hiring practices, or both:
(a) A law enforcement agency.
(b) A prosecuting agency.
(c) A probation department or any agency that is responsible for the preparation of a presentence report.
(d) A court.
(e) The department of child safety or a child welfare agency as defined in section 8-501.
(f) The department of juvenile corrections.
(g) The state department of corrections or any other correctional facility in this state.
F. If the victim has made a request for postconviction notice, the prosecuting agency shall provide the victim with notice of the person's petition and inform the victim of the victim's right to be heard on the petition.
G. Unless otherwise provided by law, a person who receives an expungement for an adjudication pursuant to this section may respond to any inquiry as though the adjudication did not exist, except that the person may not deny an expunged adjudication if the person is applying for a position with a law enforcement agency, a prosecuting agency, a court, a probation department, a child welfare agency as defined in section 8-501, the department of child safety, the department of juvenile corrections or the state department of corrections."
Renumber to conform
Page 1, line 4, after the first semicolon insert "criminal history report; fee;"
Line 12, after the first "the" insert "convicting"
Line 14, strike "attorney" insert "agency"
Line 23, strike "knows" insert "determines"
Line 24, strike "apply" insert "applies"
Page 1, between lines 30 and 31, insert:
"D. After a petition to expunge is filed, the court shall notify the department of public safety and request the department of PUBLIC safety to prepare and submit a report to the court that includes all of the petitioner's state and federal arrests, prosecutions and convictions and any other information that the court requests or that the department of PUBLIC safety believes will assist the court in making a determination pursuant to this section. Unless the petitioner is indigent, the director of the department of public safety may charge the petitioner a fee that is determined by the director for the investigation."
Reletter to conform
Line 31, strike "After a hearing on the petition," insert "The court may not grant or deny a petition until thirty calendar days after the court receives the petition unless the court receives notice that both the prosecutor and all victims who have made a request for postconviction notice do not object to the petition. Unless the petitioner, prosecutor or victim requests a hearing, the court may grant or deny a petition without a hearing. The court may dismiss a petition that does not meet the requirements prescribed in this section without a hearing."; strike "judge" insert "court"
Line 32, strike "judge" insert "court"
Line 38, after "court" insert "or as follows:
1. To the petitioner and any attorney who has filed a notice of appearance on behalf of the petitioner.
2. To Any victim in the case.
3. to any of the following if the purpose relates to the operation of the requesting party's official duties or internal hiring practices, or both:
(a) A law enforcement agency.
(b) A prosecuting agency.
(c) A probation department or any agency that is responsible for the preparation of a presentence report.
(d) A court.
(e) The department of child safety or a child welfare agency as defined in section 8-501.
(f) The department of juvenile corrections.
(g) The state department of corrections or any other correctional facility in this state."
Page 1, line 40, strike "attorney" insert "agency"
Line 45, after "exist" insert ", except that the person may not deny an expunged conviction if the person is applying for a position with a law enforcement agency, a prosecuting agency, a court, a probation department, a child welfare agency as defined in section 8-501, the department of child safety, the department of juvenile corrections or the state department of corrections."
Amend title to conform