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AZ HB2630

Bill

Status

Engrossed

2/13/2024

Primary Sponsor

Ben Toma

Click for details

Origin

House of Representatives

Fifty-sixth Legislature - Second Regular Session (2024)

AI Summary

  • Modifies eligibility for sealing criminal case records by removing the restriction that prevented individuals with any prior felony conviction from petitioning to seal records, allowing those with sealed records who commit a subsequent felony to petition for sealing after waiting an additional five years beyond the applicable waiting period for the new offense.

  • Specifies that certain serious offenses are ineligible for sealing, including dangerous offenses, crimes against children, serious/violent/aggravated felonies, sex trafficking, offenses in chapters 14 and 35.1, and offenses involving discharge of deadly weapons or infliction of serious physical injury.

  • Requires courts to consider sealed case records as a mitigating circumstance when the Board of Fingerprinting evaluates good cause exceptions for fingerprint clearance card denials.

  • Maintains that sealed records can still be used for sentencing enhancement in subsequent felonies, impeachment in trials, and other law enforcement and prosecutorial purposes as specified in the statute.

  • Clarifies that individuals whose records are sealed may state they were never arrested or convicted except in specific circumstances, such as applications requiring fingerprint clearance cards or positions with law enforcement, courts, or child welfare agencies.

Legislative Description

Sealing case records; subsequent felony

Criminal Code - Title 13

Last Action

Senate read second time

2/22/2024

Committee Referrals

Rules2/21/2024
Judiciary2/13/2024
Rules1/23/2024
Judiciary1/23/2024

Full Bill Text

No bill text available