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AZ SB1422

Bill

Status

Passed

3/28/2017

Primary Sponsor

Martin Quezada

Click for details

Origin

Senate

Fifty-third Legislature - First Regular Session (2017)

AI Summary

  • Allows persons convicted of sex trafficking offenses (violating ARS 13-3214 or equivalent local ordinances) committed before July 24, 2014 to apply for conviction vacation.

  • Court must vacate 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 under ARS 13-1307.

  • Court may grant application without hearing if prosecutor does not oppose; must hold hearing if prosecutor opposes the application.

  • Upon vacation, court must release applicant from all penalties and disabilities, make notation in court and law enforcement records, and transmit order to arresting agency, prosecutor, and department of public safety.

  • Vacated conviction cannot be used as a prior felony conviction for sentencing purposes and applicant may state they were never arrested or convicted for that crime on most applications (except those requiring fingerprint clearance cards under Title 41, Chapter 12, Article 3.1).

Legislative Description

Vacating conviction; trafficking; local offenses

Criminal Code

Last Action

Chapter 87

3/28/2017

Full Bill Text

No bill text available