Overview Description

Records relating to a prostitution conviction pursuant to section 13-3214 that was committed prior to July 24, 2014, can be vacated by the court if the conviction was obtained as a direct result of the petitioner's having been a victim of human trafficking. Ariz. Rev. Stat. § 13-907.01(A).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses. The person must have been convicted of a violation of section 13-3214 that was committed prior to July 24, 2014, to be eligible to petition the court to vacate the record. Ariz. Rev. Stat. 13-907.01(A).

Procedure General

The petition to vacate the conviction must be filed in the court that pronounced the sentence. The court shall grant the application if it finds by clear and convincing evidence that the person's participation in the offense was the direct result of being a victim of sex trafficking pursuant to section 13-1307. Ariz. Rev. Stat. § 13-907.01(A).

If the prosecutor does not oppose, the court may grant the application without a hearing. Ariz. Rev. Stat. § 13-907.01(B).

Fees

There is no statutory language regarding fees.

Effect

An order vacating the conviction releases the petitioner from all penalties and disabilities arising from the conviction. Ariz. Rev. Stat. § 13-907.01(D)(1).

A vacated conviction does not qualify as a historical prior and cannot be alleged for purposes pursuant to section 13-703. Ariz. Rev. Stat. § 13-907.01(E).

The petitioner can deny the existence of the record on applications for employment, housing, financial aid, or loans. However, the petitioner must disclose the record on applications for employment that require a fingerprint clearance card. Ariz. Rev. Stat. § 13-907.01(F).

Waiting Periods

There is no statutory language regarding waiting periods.

(non-prod server)