Arizona

Criminal Procedure

Criminal Procedure

Rule 30.2 – Application

(a)Persons Entitled to Automatic Restoration. A person who is entitled to automatic restoration of civil rights under Rule 30.1(a) is not required to file an application.
(b)Contents. An application under this rule must include the applicant’s name, address, date of birth, and signature, the offenses for which the applicant was convicted, the place and date of conviction, the sentence imposed, the status of victim restitution payment and other court-ordered monetary obligations, and the relief the applicant is requesting. The applicant must attach to the application any documents and affidavits required by law and may attach other supporting documents and affidavits.
(c)Place of Filing and Filing Fee. The applicant must file an application with the court that sentenced the applicant. An applicant who was convicted in a United States District Court may apply for restoration of rights in the superior court in the county where the person now resides. The clerk may not charge a fee for filing an application.
(d)Processing of Application. The court must send a copy of the application to the applicable prosecuting agency no later than 10 days of filing.
(e)Victim Notification. The victim has the right to be present and be heard at any proceeding in which the defendant has filed an application to have civil rights restored. If the victim in a state court matter has requested post-conviction notice, the prosecuting agency must provide the victim with notice of the defendant’s application and the rights provided to the victim. The prosecuting agency must provide notice to the victim of the opportunity to be heard if the victim requested post-conviction notification.

Ariz. R. Crim. P. 30.2

Added on an emergency basis, effective June 15, 2018, adopted on a permanent basis December 13, 2018; amended July 3, 2019, effective August 27, 2019.

HISTORICAL NOTES

Former Rule 30.2, relating to time for taking appeal from courts of limited jurisdiction and perfection of appeal, was abrogated August 31, 2017, effective January 1, 2018.