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AZ HB2750

Bill

Status

Introduced

2/9/2022

Primary Sponsor

Andres Cano

Click for details

Origin

House of Representatives

Fifty-fifth Legislature - Second Regular Session (2022)

AI Summary

  • Allows individuals who participated in forest restoration projects on state lands while in Arizona Department of Corrections custody to petition the court to vacate their conviction and expunge related records upon release from imprisonment.

  • Court may terminate remaining parole or community supervision if the petition is filed while the person is still under supervision, and petitions can be filed by the person, their attorney, or the state.

  • Court must grant the petition unless the county attorney or victim objects; if they do object, the court must grant it unless finding by clear and convincing evidence that expungement is not in the interests of justice, considering factors including restitution payment, rehabilitation, and public safety.

  • If initially denied, the person may file one additional petition after completing parole or community supervision and paying restitution, with the right to appeal a second denial.

  • Upon approval, the court must order all records sealed, transmit the order to relevant agencies which have 60 days to destroy records, and may waive remaining fines and fees (but not victim restitution) upon a showing of good cause.

Legislative Description

Prisoners; forest restoration projects; expungement

Prisoners

Last Action

House JUD Committee action: Do Pass, voting: (7-3-0-0-0-0)

2/16/2022

Committee Referrals

Rules2/9/2022
Judiciary2/9/2022

Full Bill Text

No bill text available