HB2557 - 572R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-911, Arizona Revised Statutes, is amended to read:

START_STATUTE13-911. Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition

A. A person may file a petition to seal all case records related to a criminal offense if the person was:

1. Convicted of a criminal offense and has completed all of the terms and conditions of the sentence that was imposed by the court, including the payment of all monetary obligations and restitution to all victims.

2. Charged with a criminal offense and the charge was subsequently dismissed or resulted in a not guilty verdict at a trial.

3. Arrested for a criminal offense and no charges were filed.

B. All case records that are sealed pursuant to this section may be:

1. Alleged as an element of an offense.

2. Used as a historical prior felony conviction.

3. Admissible for impeaching any party or witness in a subsequent trial.

4. Used to enhance the sentence for a subsequent felony.

5. Used to enhance the sentence pursuant to sections 28-1381 and 28-1382.

6. Pleaded and proved in any subsequent prosecution of the person by this state or a political subdivision of this state.

7. Used as a conviction if the conviction would be admissible if the conviction was not sealed.

C. The person shall file a petition to seal all case records in one of the following:

1. The court in which the person was convicted of an offense.

2. The court in which an indictment, information, criminal citation or complaint against the person was filed and the charges were dismissed, the person was found not guilty or the person's conviction was vacated, except that if the complaint was filed in a justice court and a subsequent information was filed, the petition must be filed in the superior court.

3. The court in which the person had an initial appearance if charges were not filed.

4. The superior court in the county where a person was arrested if the person did not have an initial appearance and no charges were filed.

D. The court may not grant or deny a petition to seal a person's case records until sixty 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 to seal case records without a hearing. The court may dismiss a petition that does not meet the requirements prescribed in this section without a hearing. The court shall grant the petition if the court determines that granting the petition is in the best interests of the petitioner and the public's safety. The clerk of the court shall provide a copy of the petition to seal case records to the prosecutor. The prosecutor may respond to the petition and request a hearing. The victim has a right to be present and heard at any proceeding in which the defendant has filed a petition to seal case records. If the victim has made a request for postconviction notice, the prosecutor shall provide the victim with notice of the defendant's petition and of the victim's rights under this section.

E. At the time of sentencing, the court shall inform the person on the record that the person may be eligible to petition the court for an order that seals all case records of the person's arrest, conviction and sentence that are related to the offense pursuant to this section and shall provide this notice in writing. A person who was convicted of any eligible offense may petition the court to seal the person's records of arrest, conviction and sentence after the person completes all of the nonmonetary terms and conditions of the person's sentence ordered by the court, and the following period of time has passed since the person completed the nonmonetary conditions of probation or sentence and was discharged by the court:

1. Ten years for a class 2 or 3 felony.

2. Five years for a class 4, 5 or 6 felony.

3. Three years for a class 1 misdemeanor.

4. Two years for a class 2 or 3 misdemeanor.

F. A person whose case records have been sealed pursuant to subsection E of this section and who commits a subsequent felony offense may petition the court pursuant to subsection E of this section to seal the person's records of arrest, conviction and sentence relating to the subsequent felony offense after the applicable period of time prescribed in subsection E of this section for the subsequent felony offense has expired and an additional five years have passed.

G. A petitioner is required to have paid all fines, fees and restitution ordered by the court at the time of filing the petition to be eligible to seal case records pursuant to this section.

H. After a petition to seal case records is filed, the court shall notify the department of public safety and request the department 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 believes will assist the court in making its determination. The director may charge the petitioner a fee that is determined by the director for the investigation unless the petitioner is indigent or has been found not guilty or the case was dismissed or not prosecuted and the petition is filed pursuant to subsection C, paragraph 2 or 3 of this section.

I. If the court grants a petition to seal case records:

1. The court shall issue an order sealing all records relating to the petitioner's arrest, conviction and sentence and directing the clerk of the court to notify the department of public safety and the prosecutor of the sealing order.

2. On order of a court, the clerk of the court shall seal all case records relating to the petitioner's arrest, conviction and sentence. A court order to seal case records pursuant to this section is subject only to the disclosure requirements in this section and shall be treated differently than a record that is sealed pursuant to any other statute or court rule. The clerk shall create and manage a system for sealing case records pursuant to this section and for providing sealed case records to an entity or person that is listed in subsection J of this section and that requests the record. On the request of an entity or person listed in subsection J of this section, the clerk shall provide the entity or person with any sealed case records. The clerk may not provide sealed case records pursuant to this section to any person or entity that is not listed in subsection J of this section.

3. The department of public safety shall designate the case records as sealed within the department's records and inform all appropriate state and federal law enforcement agencies of the sealing. The department may not share or provide sealed case records with any person or entity or for any purpose that is not listed in subsections B and J of this section. The department may charge the successful petitioner a fee determined by the director to research and correct the petitioner's criminal history record unless the petitioner is indigent or has been found not guilty or the case has been dismissed or not prosecuted and the petition is filed pursuant to subsection C, paragraph 2 or 3 of this section.

4. The arresting and prosecuting agencies shall clearly identify in each agency's files and electronic records that the petitioner's arrest or conviction and sentence records are sealed.

5. A person whose records are sealed pursuant to this section may state, in all instances, that the person has never been arrested for, charged with or convicted of the crime that is the subject of the arrest or conviction, including in response to questions on employment, housing, financial aid or loan applications unless any of the following applies:

(a) The person is submitting an application that requires a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.

(b) The sealed case records involved a class 2 or class 3 felony violation of chapter 34 of this title.

(c) The sealed case records involved burglary under section 13-1506, 13-1507 or 13-1508, theft under section 13-1802 or organized retail theft under section 13-1819 from a residential or nonresidential structure and the person is applying for a job that requires entering into and performing services inside of a residential structure.

(d) The sealed case records involved child abuse under section 13-3623 or aggravated assault under section 13-1204 and the person is applying for a job involving supervising, educating or administering care to a minor.

(e) The sealed case records involved vulnerable adult abuse under section 13-3623 and the person is applying for a job involving supervising or administering care to a vulnerable adult or a person who is at least sixty-five years of age.

(f) The sealed case records involved a violation of section 5-395.01, 5-396, 5-397, 13-1814, 28-1381, 28-1382, 28-1383, 28-8282, 28-8284, 28-8286, 28-8287 or 28-8288 and the person is applying for a job involving the commercial or private operation of a motor vehicle, boat or airplane.

(g) The sealed case records involved a violation of chapter 18, 19, 20, 21, 22 or 23 of this title or telecommunication fraud under section 13-3707 and the person is applying for a job involving accounting, overseeing, transporting, handling or managing another person's money or financial assets.

(h) The person is applying for a position with a law enforcement agency, a prosecutor's office, 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.

(i) The person is undergoing a background check for the placement with that person of a child who is in the custody of the department of child safety.

(j) The disclosure is required by a state or federal law.

(k) The disclosure is required to comply with program integrity provisions of medicare, medicaid or any other federal health care program.

(l) The person is a candidate submitting a nomination petition pursuant to section 16-314 or 16-341 And was convicted of or adjudicated DELINQUENT or guilty except insane for any of the following offenses:

(i) A violation of chapter 14 or 35 of this title that involves a minor.

(ii) Child sex trafficking pursuant to section 13-3212.

(iii) a violation of chapter 35.1 of this title.

(iv) A dangerous crime against children pursuant to section 13-705.

6. The person's employer is not liable for hiring or contracting with the person as prescribed in section 12-558.03.

J. If the person's case records are sealed pursuant to this section, the records shall be made available for the purposes listed in subsection B of this section and to the following:

1. The person whose records are sealed and any attorney who has filed a notice of appearance on behalf of the person whose records are sealed.

2. The victim in the case if the victim has exercised victims' rights pursuant to section 13-4414.

3. 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. On request of a person who is charged with a criminal offense or that person's attorney of record, a prosecuting agency shall provide the sealed case records of any person whom the prosecuting agency intends to call as a witness in that person's prosecution.

(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.

(h) The clerk of the court or any department that is responsible for maintaining court records.

K. This section does not require the supreme court or the court of appeals to seal any record.

L. If the court denies a petition to seal case records, a person may not file a new petition until three years after the date of the denial.

M. A conviction for an offense that is committed in another jurisdiction and that if committed in this state would not constitute an offense in this state may not be used against the petitioner or prohibit the petitioner from having a record sealed. For the purposes of this section, the classification of an offense committed in another jurisdiction has the classification that the offense would have if committed in this state.

N. If the petitioner has a charge pending or is charged with an offense after filing a petition to seal case records pursuant to subsection C, paragraph 3 or 4 of this section and the charge could result in a conviction that cannot be sealed or that could extend the time to file a petition to seal case records, the court may not grant or deny the petition until the court disposes of that charge.

O. The following offenses are not eligible to be sealed pursuant to this section:

1. A dangerous offense as defined in section 13-105.

2. A dangerous crime against children as defined in section 13-705.

3. A serious offense or violent or aggravated felony as defined in section 13-706.

4. Any offense that has either of the following as an element of the offense:

(a) The discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.

(b) The knowing infliction of serious physical injury on another person.

5. Sex trafficking pursuant to section 13-1307.

6. A class 2, 3, 4 or 5 felony offense that is included in chapter 14 or 35.1 of this title.

P. This section does not affect any of the following:

1. The right of the person whose case records are sealed to appeal the conviction or sentence or to rely on it in bar of any subsequent proceeding for the same offense.

2. The right of a law enforcement agency to maintain an arrest and conviction record and to communicate information regarding the sealed record of arrest or conviction to prosecuting agencies, courts, probation departments and other law enforcement agencies for a purpose listed in subsection J of this section or in defense of a civil action that arises out of the facts of the arrest or to the Arizona peace officer standards and training board solely to assist the board in determining the fitness of a person to serve as a peace officer, except that in any of these cases the information may not be disclosed to any person or entity that is not listed in subsection J of this section.

3. The department of public safety or the board of fingerprinting from considering a conviction that is sealed pursuant to this section when evaluating an application for a fingerprint clearance card pursuant to section 41-1758.03 or 41-1758.07, except that the board of fingerprinting shall consider sealed case records as a mitigating circumstance in determining whether to grant a good cause exception pursuant to section 41-619.55.

4. A court from issuing a lifetime injunction pursuant to section 13-719 or the validity of a lifetime injunction that was issued pursuant to section 13-719.

Q. For the purposes of this section, "case records" means all records that pertain to a person's arrest, conviction and sentence for a particular offense and that may be sealed pursuant to this section.END_STATUTE

Sec. 2. Section 16-314, Arizona Revised Statutes, is amended to read:

START_STATUTE16-314. Filing and form of nomination petitions; definition

A. Any person desiring who desires to become a candidate at any election and to have the person's name printed on the official ballot shall file, not less than one hundred twenty nor more than one hundred fifty days before the primary election and with the same officer as provided by section 16-311, a nomination petition in addition to the nomination paper required.

C. b. Nomination petitions shall be captioned "partisan nomination petition" or "nonpartisan nomination petition", followed by the language of the petition in substantially the following form, except that if the candidate does not have an actual residence address, the candidate may use a description of place of residence and post office address, or, if the candidate's actual residence address is protected pursuant to section 16-153, a post office box or private mailbox address in the candidate's political division or district from which the nomination is sought is sufficient:

Partisan Nomination Petition

I, the undersigned, a qualified elector of the county of ______________, state of Arizona, and of (here name political division or district from which the nomination is sought) and a member of the _______________ party or a person who is registered as no party preference or independent as the party preference or who is registered with a political party that is not qualified for representation on the ballot, hereby nominate ___________ who resides at _____________ in the county of ____________ for the party nomination for the office of _______________ to be voted at the primary election to be held _______________ as representing the principles of such party, and I hereby declare that I am qualified to vote for this office and that I have not signed, and will not sign, any nomination petition for more persons than the number of candidates necessary to fill such office at the next ensuing election. I further declare that if I choose to use a post office box address on this petition, my residence address has not changed since I last reported it to the county recorder for purposes of updating my voter registration file.

Nonpartisan Nomination Petition

I, the undersigned, a qualified elector of the county of _______________, state of Arizona, and of (here name political division or district from which the nomination is sought) hereby nominate _______________ who resides at _______________ in the county of _______________ for the office of ______________ to be voted at the _______________ election to be held _______________, and hereby declare that I am qualified to vote for this office and that I have not signed and will not sign any nomination petitions for more persons than the number of candidates necessary to fill such office at the next ensuing election. I further declare that if I choose to use a post office box address on this petition, my residence address has not changed since I last reported it to the county recorder for purposes of updating my voter registration file.

D. c. The nomination petition of a person seeking to fill an unexpired vacant term for any public office shall designate the expiration date of the term following the name of the office being sought.

D. For any candidate who circulates a nomination petition pursuant to this section, the bottom of the first page of the nomination petition shall include the following provision in substantially the following form, which shall be completed by the candidate:

To be completed by candidate:

Has the candidate ever been convicted of or adjudicated DELINQUENT or guilty except insane for a felony sexual offense involving a minor in any state, including any conviction that was sealed, expunged, set aside or otherwise legally nullified? Check one:

Yes ___

No ____

Section 13-911, subsection I, paragraph 5, subdivision (l), Arizona Revised Statutes, requires the candidate to mark "yes" if the felony conviction was sealed, expunged, set aside or otherwise legally nullified.

B. e. For the purposes of this title, "nomination petition" means the form or forms used for obtaining the required number of signatures of qualified electors, which is circulated by or on behalf of the person wishing to become a candidate for a political office. END_STATUTE

Sec. 3. Section 16-341, Arizona Revised Statutes, is amended to read:

START_STATUTE16-341. Nomination petition; method and time of filing; form; qualifications and number of petitioners required; statement of interest

A. Any qualified elector who is not a registered member of a political party that is recognized pursuant to this title may be nominated as a candidate for public office otherwise than by primary election or by party committee pursuant to this section.

B. This article shall not be used to place on the general election ballot the name of a political party that fails to meet the qualifications specified in section 16-802 or 16-804, or the name of any candidate representing such party or the name of a candidate who has filed a nomination petition in the immediately preceding primary election and has failed to qualify as the result of an insufficient number of valid signatures.

C. A nomination petition stating the name of the office to be filled, the name and residence of the candidate, or, if the candidate does not have an actual residence address, a description of place of residence and post office address, or, if the person's actual residence address is protected pursuant to section 16-153, a post office box or private mailbox address in the candidate's district, precinct or municipality, as applicable for a district, precinct or municipal office, and other information required by this section shall be filed with the same officer with whom primary nomination papers and petitions are required to be filed as prescribed in section 16-311. Except for candidates for the office of presidential elector filed pursuant to this section, the petition shall be filed not less than one hundred twenty days nor more than one hundred fifty days before the primary election. The petition shall be signed only by voters who have not signed the nomination petitions of a candidate for the office to be voted for at that primary election.

D. The nomination petition shall be in substantially the following form, except that if the candidate does not have an actual residence address, the candidate may use a description of place of residence and post office address, or, if the candidate's actual residence address is protected pursuant to section 16-153, a post office box or private mailbox address in the candidate's district, precinct or municipality, as applicable for a district, precinct or municipal office, is sufficient:

The undersigned, qualified electors of __________ county, state of Arizona, do hereby nominate __________, who resides at __________ in the county of __________, as a candidate for the office of _______ at the general (or special, as the case may be) election to be held on the ________ day of _________, _____.

I hereby declare that I have not signed the nomination petitions of any candidate for the office to be voted for at this primary election, and I do hereby select the following designation under which name the said candidate shall be placed on the official ballot (here insert such designation not exceeding three words in length as the signers may select).

E. For any candidate who circulates a nomination petition pursuant to this section, the bottom of the first page of the nomination petition shall include the following provision in substantially the following form, which shall be completed by the candidate:

To be completed by candidate:

Yes ___

No ____

E. F. The nomination petition shall conform as nearly as possible to the provisions relating to nomination petitions of candidates to be voted for at primary elections and shall be signed by at least the number of persons who are registered to vote determined by calculating three percent of the persons who are registered to vote of the state, county, subdivision or district for which the candidate is nominated who are not members of a political party that is qualified to be represented by an official party ballot at the next ensuing primary election and accorded representation on the general election ballot.

F. G. The percentage of persons who are registered to vote necessary to sign the nomination petition shall be determined by the total number of registered voters from other than political parties that are qualified to be represented by an official party ballot at the next ensuing primary election and accorded representation on the general election ballot in the state, county, subdivision or district on January 2 of the year in which the general election is held. Notwithstanding the method prescribed by subsection E F of this section and this subsection for calculating the minimum number of signatures necessary, any person who is registered to vote in the state, county, subdivision or district for which the candidate is nominated is eligible to sign the nomination petition without regard to the signer's party affiliation.

G. H. A nomination petition for any candidate may be circulated by a person who is not a resident of this state but who is otherwise eligible to register to vote in this state if that person registers as a circulator with the secretary of state before circulating petitions. The nomination petition for the office of presidential elector shall include a group of names of candidates equal to the number of United States senators and representatives in Congress from this state instead of separate nomination petitions for each candidate for the office of presidential elector. A valid signature on a petition containing a group of presidential electors candidates is counted as a signature for the nomination of each of the candidates. The presidential candidate whom the candidates for presidential elector will represent shall designate in writing to the secretary of state the names of the candidates who will represent the presidential candidate before any signatures for the candidate can be accepted for filing. A nomination petition for the office of presidential elector shall be filed not less than eighty nor more than one hundred days before the general election. The petition shall be signed only by qualified electors who have not signed the nomination petitions of a candidate for the office of presidential elector to be voted for at that election.

H. I. The secretary of state shall require in the instructions and procedures manual issued pursuant to section 16-452 that persons who circulate nomination petitions pursuant to this section and who are not residents of this state but who are otherwise eligible to register to vote in this state shall register as circulators with the office of the secretary of state before circulating petitions. The secretary of state shall provide for a method of receiving service of process for those petition circulators who are registered.

I. J. Not later than the date of the first petition signature on a nomination petition, a person who may be a candidate for office pursuant to this section shall file a statement of interest with the appropriate filing officer for that office. The statement of interest shall contain the name of the person, the political party, if any, and the name of the office that may be sought. Any nomination petition signatures collected before the date the statement of interest is filed are invalid and subject to challenge. This subsection does not apply to:

1. Candidates for elected office for special taxing districts that are established pursuant to title 48.

2. Candidates for precinct committeeman.

3. Candidates for president or vice president of the United States.

J. K. A person who files a nomination paper pursuant to this section for the office of president of the United States shall designate in writing to the secretary of state at the time of filing the name of the candidate's vice presidential running mate, the names of the presidential electors who will represent that candidate and a statement that is signed by the vice presidential running mate and the designated presidential electors and that indicates their consent to be designated. A nomination paper for each presidential elector designated shall be filed with the candidate's nomination paper. The number of presidential electors shall equal the number of United States senators and representatives in Congress from this state.

K. L. A candidate who does not file a timely nomination petition that complies with this section is not eligible to have the candidate's name printed on the official ballot for that office. The filing officer shall not accept the nomination paper of a candidate for state or local office unless the candidate provides or has provided all of the following:

1. The financial disclosure statement as prescribed for candidates for that office.

2. The declaration of qualification and eligibility as prescribed in section 16-311.

L. M. Not later than sixty days before the date of the general election, a candidate for governor who files a nomination petition pursuant to this section shall submit to the secretary of state the name of the person who will be the joint candidate for lieutenant governor with that gubernatorial candidate and whose name will appear on the general election ballot jointly with the candidate for governor.

M. N. Except in cases where the liability is being appealed, the filing officer shall not accept the nomination paper of a candidate for state or local office if the person is liable for an aggregation of $1,000 or more in fines, penalties, late fees or administrative or civil judgments, including any interest or costs, in any combination, that have not been fully satisfied at the time of the attempted filing of the nomination paper and the liability arose from failure to comply with or enforcement of chapter 6 of this title.

N. O. The secretary of state may authorize for statewide and legislative offices the creation, use and submission of petitions prescribed by this section in electronic form if those petitions provide for an appropriate method to verify signatures of petition circulators and signers. The secretary of state may require use of a unique marking system for petition pages, including a bar code, a quick response code or another similar marking system. END_STATUTE