Bill > SB1140

This bill establishes a process for individuals to expunge, or clear, their misdemeanor criminal records in Arizona, allowing them to petition the court for this relief under specific circumstances. An expungement can be sought three years after an arrest if no charges were filed, three years after a dismissal or a not guilty verdict, or five years after fulfilling all conditions of probation or a sentence if convicted of a misdemeanor. The petition must detail the nature of the arrest, charge, or conviction, any subsequent arrests or convictions, and any prior expungements. It also requires the petitioner to attest that they have no pending legal matters and have paid all restitution and court-ordered financial obligations. The court will notify the prosecutor and victims, who have the right to object or request a hearing, but the court can grant the expungement if it's in the best interest of the individual and public safety. If granted, the court will issue an order vacating the judgment, sealing the records, and notifying relevant agencies like the Department of Public Safety. Expunged records cannot be used in future prosecutions and, generally, the individual can respond to inquiries as if the conviction never occurred, with exceptions for certain law enforcement employment applications. This new expungement process, outlined in section 13-922 of Arizona Revised Statutes, will become effective on January 1, 2027, and also amends section 22-125 to include expungement petitions in the calculation of judicial productivity credits for justices of the peace.

Government Affairs, Justice

https://apps.azleg.gov/BillStatus/BillOverview/83923