AZ HB2125

Allows persons convicted of violating section 13-3214 (sex trafficking) before July 24, 2014, or convicted of any other nondangerous offense committed as a direct result of being a sex trafficking victim to apply for conviction vacation.

Court must grant the application and vacate the conviction if it finds by clear and convincing evidence that the person's participation in the offense resulted directly from being a victim of sex trafficking.

Court may grant the application without a hearing if the prosecutor does not oppose it; if the prosecutor opposes, the court must hold a hearing.

Upon vacating the conviction, the court must release the person from all penalties and disabilities, enter an order noting the vacation in court and law enforcement records, and transmit the order to the arresting agency, prosecutor, and department of public safety.

A vacated conviction does not qualify as a historical prior felony conviction and cannot be used for any purpose under sentencing enhancement statutes; the person may state they were never arrested for or convicted of the crime on employment, housing, financial aid, or loan applications (except those requiring fingerprint clearance cards).