Arizona

Criminal Procedure

Criminal Procedure

Rule 29.6 – Disposition

(a)Considerations. In determining whether to grant an application, the court must consider the following factors:

(1) the nature and circumstances of the offense the conviction is based on;
(2) the applicant’s compliance with the conditions of probation, the sentence imposed, and the Department of Corrections’ rules or regulations, if applicable;
(3) any earlier or later convictions;
(4) the victim’s input and the status of victim restitution, if any;
(5) the time that has elapsed since the completion of the applicant’s sentence;
(6) the applicant’s age at the time of conviction; and
(7) any other factor relevant to the application.
(b)Denial. If the court denies an application, its order must state the reasons for the denial in writing and on the record.
(c)Subsequent Application. If an application is denied, the applicant may file a new application after satisfying all requirements or after resolving any other reason for denial.
(d)Order. The clerk must transmit the order to the applicant, the prosecutor, and the Department of Public Safety.

Ariz. R. Crim. P. 29.6

Formerly Rule 29.5, added Aug. 31, 2017, effectiveJanuary 1, 2018; renumbered as 29.6 and amended on an emergency basis June 15, 2018, effective August 3, 2018, adopted on a permanent basis December 13, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 29.6, relating to confidential record, was abrogated effective January 1, 2018.