A.R.S. tit. 13 ch. 9 — Arizona Revised Statutes Title 13 Chapter 9 — Probation And Restoration Of Civil Rights

13-901. Probation A. If a person who has been convicted of an offense is eligible for probation, the court may suspend the imposition or execution of sentence and, if so, shall without delay place the person on intensive probation supervision pursuant to section 13-913 or supervised or unsupervised probation on such terms and conditions as the law requires and the court deems appropriate, including participation in any programs authorized in title 12, chapter 2, article 11. If a person is not eligible for probation, imposition or execution of sentence shall not be suspended or delayed. If the court imposes probation, it may also impose a fine as authorized by chapter 8 of this title. If probation is granted the court shall impose a condition that the person waive extradition for any probation revocation procedures and it shall order restitution pursuant to section 13-603, subsection C where there is a victim who has suffered economic loss. B. If probation is granted, the following apply to any conditions of probation imposed unless otherwise required by law: 1. In determining the defendant's conditions of probation, the court or a probation officer shall impose only conditions of probation that are reasonably necessary, individually determined and narrowly tailored to: (a) Assist the defendant in leading a law-abiding life. (b) Protect public safety. (c) Promote the defendant's rehabilitation. 2. The conditions of probation that are imposed shall be informed by the defendant's criminogenic risk and needs as established by a validated risk assessment tool. 3. The court or the probation officer shall: (a) Before imposing a standard condition of probation, consider waiving any standard condition of probation that is not reasonably necessary to achieve the purposes prescribed in paragraph 1 of this subsection. (b) Before imposing a special condition of probation, consider all information that is properly presented to the court before imposing a special condition of probation, shall determine if the condition is more restrictive than is reasonably necessary to achieve the purposes prescribed in paragraph 1 of this subsection and shall not impose a special condition of probation unless the special condition is supported by the record. 4. If a presentence report was prepared pursuant to section 13-701, the conditions of probation imposed shall be informed by the findings of that presentence report. C. When granting probation to an adult the court, as a condition of probation, shall assess a monthly fee of not less than $65 unless, after determining the inability of the probationer to pay the fee, the court assesses a lesser fee. This fee is not subject to any surcharge. In justice and municipal courts the fee shall only be assessed when the person is placed on supervised probation. For persons placed on probation in the superior court, the fee shall be paid to the clerk of the superior court and the clerk of the court shall pay all monies collected from this fee to the county treasurer for deposit in the adult probation services fund established by section 12-267. For persons placed on supervised probation in the justice court, the fee shall be paid to the justice court and the justice court shall transmit all of the monies to the county treasurer for deposit in the adult probation services fund established by section 12-267. For persons placed on supervised probation in the municipal court, the fee shall be paid to the municipal court. The municipal court shall transmit all of the monies to the city treasurer who shall transmit the monies to the county treasurer for deposit in the adult probation services fund established by section 12-267. Any amount assessed pursuant to this subsection shall be used to supplement monies used for the salaries of adult probation and surveillance officers and for support of programs and services of the superior court adult probation departments. D. The period of probation shall be determined according to section 13-902, except that if a person is released pursuant to section 31-233, subsection B and community supervision is waived pursuant to section 13-603, subsection K, the court shall extend the period of probation by the amount of time the director of the state department of corrections approves for the inmate's temporary release. E. The court, in its discretion, may issue a warrant for the rearrest of the defendant and may modify or add to the conditions or, if the defendant commits an additional offense or violates a condition, may revoke probation in accordance with the Arizona rules of criminal procedure at any time before the expiration or termination of the period of probation. If the court revokes the defendant's probation and the defendant is serving more than one probationary term concurrently, the court may sentence the person to terms of imprisonment to be served consecutively. F. At any time during the probationary term of the person released on probation, any probation officer, without warrant or other process and at any time until the final disposition of the case, may rearrest any person and bring the person before the court. G. The court, on its own initiative or on application of the probationer, after notice and an opportunity to be heard for the prosecuting attorney and, on request, the victim, may terminate the period of probation or intensive probation and discharge the defendant at a time earlier than that originally imposed if in the court's opinion the ends of justice will be served and if the conduct of the defendant on probation warrants it. The court may not terminate the period of probation or intensive probation earlier than that originally imposed if the defendant was convicted, on or after January 1, 2027, of a dangerous crime against children as defined in section 13-705. H. When granting probation the court may require that the defendant be imprisoned in the county jail at whatever time or intervals, consecutive or nonconsecutive, the court shall determine, within the period of probation, as long as the period actually spent in confinement does not exceed one year or the maximum period of imprisonment allowed under chapter 7 of this title, whichever is the shorter. I. If the defendant is placed on lifetime probation and has served one year in the county jail as a term of probation, the court may require that the defendant be additionally imprisoned in the county jail at whatever time or intervals, consecutive or nonconsecutive, the court shall determine, within the period of probation if the defendant's probation is revoked by the court and the defendant is subsequently reinstated on probation. The period actually spent in confinement as a term of being reinstated on probation shall not exceed one year or, when including the initial one-year period of incarceration imposed as a term of probation, the maximum period of imprisonment allowed under chapter 7 of this title, whichever is shorter. J. If restitution is made a condition of probation, the court shall fix the amount of restitution and the manner of performance pursuant to chapter 8 of this title. K. When granting probation, the court shall set forth at the time of sentencing and on the record the factual and legal reasons in support of each sentence. L. If the defendant meets the criteria set forth in section 13-901.01 or 13-3422, the court may place the defendant on probation pursuant to either section. If a defendant is placed on probation pursuant to section 13-901.01 or 13-3422, the court may impose any term of probation that is authorized pursuant to this section and that is not in violation of section 13-901.01. M. If the court imposes a term of probation, the court may require the defendant to report to a probation officer. The court or the defendant's probation officer may allow the defendant to fulfill a reporting requirement through remote reporting. The probation officer shall take into consideration and make accommodations for the probationer's work schedule, family caregiver obligations, substance abuse treatment or recovery program, mental health treatment, transportation availability and medical care requirements before setting the reporting time and location requirements for the probationer. N. If a probationer makes a written request to the supervising probation department to courtesy transfer the probationer's intensive probation supervision or supervised probation to another county in this state with the intent to reside in that county and provides proof of family caregiver obligations, employment or housing, or an offer of employment or housing that will assist in the probationer's positive behavioral change, the supervising probation department shall do all of the following: 1. Confirm the details of the probationer's employment, housing or family caregiving plans. 2. Review any victim safety concerns and ensure compliance with the victims' bill of rights. 3. Submit the request for permission to proceed to the receiving county within seven business days after receipt. O. After verifying the information submitted by the sending probation department pursuant to subsection N of this section, the receiving probation department shall provide the sending probation department with permission for the probationer to proceed to the receiving county within seven business days after receipt unless the receiving probation department finds the basis for the plan is not factual or the transfer will endanger the victim. P. If a probationer's intensive probation supervision or supervised probation is courtesy transferred to another county pursuant to subsection N of this section and the probationer subsequently violates the terms of the probationer's probation or commits an additional offense while on probation, the probation department in the county in which the probation violation or additional offense occurred may not return the probationer's intensive probation supervision or supervised probation back to the county in which the probationer's probation was originally imposed except for revocation hearings or an order of the court. 13-901.01. Probation for persons convicted of possession or use of controlled substances or drug paraphernalia; treatment; prevention; education; exceptions; definition (Caution: 1998 Prop. 105 applies) A. Notwithstanding any law to the contrary, any person who is convicted of the personal possession or use of a controlled substance or drug paraphernalia is eligible for probation. The court shall suspend the imposition or execution of sentence and place the person on probation. B. Any person who has been convicted of or indicted for a violent crime as defined in section 13-901.03 is not eligible for probation as provided for in this section but instead shall be sentenced pursuant to chapter 34 of this title. C. Personal possession or use of a controlled substance pursuant to this section shall not include possession for sale, production, manufacturing or transportation for sale of any controlled substance. D. If a person is convicted of personal possession or use of a controlled substance or drug paraphernalia, as a condition of probation, the court shall require participation in an appropriate drug treatment or education program administered by a qualified agency or organization that provides such programs to persons who abuse controlled substances. Each person who is enrolled in a drug treatment or education program shall be required to pay for participation in the program to the extent of the person's financial ability. E. A person who has been placed on probation pursuant to this section and who is determined by the court to be in violation of probation shall have new conditions of probation established by the court. The court shall select the additional conditions it deems necessary, including intensified drug treatment, community restitution, intensive probation, home arrest or any other sanctions except that the court shall not impose a term of incarceration unless the court determines that the person violated probation by committing an offense listed in chapter 34 or 34.1 of this title or an act in violation of an order of the court relating to drug treatment. F. If a person is convicted a second time of personal possession or use of a controlled substance or drug paraphernalia, the court may include additional conditions of probation it deems necessary, including intensified drug treatment, community restitution, intensive probation, home arrest or any other action within the jurisdiction of the court. G. At any time while the defendant is on probation, if after having a reasonable opportunity to do so the defendant fails or refuses to participate in drug treatment, the probation department or the prosecutor may petition the court to revoke the defendant's probation. If the court finds that the defendant refused to participate in drug treatment, the defendant shall no longer be eligible for probation under this section but instead shall be sentenced pursuant to chapter 34 of this title. H. A person is not eligible for probation under this section but instead shall be sentenced pursuant to chapter 34 of this title if the court finds the person either: 1. Had been convicted three times of personal possession of a controlled substance or drug paraphernalia. 2. Refused drug treatment as a term of probation. 3. Rejected probation. 4. Was convicted of the personal possession or use of a controlled substance or drug paraphernalia and the offense involved methamphetamine. I. Subsections G and H of this section do not prohibit the defendant from being placed on probation pursuant to section 13-901 if the defendant otherwise qualifies for probation under that section. J. For the purposes of this section, "controlled substance" has the same meaning prescribed in section 36-2501. 13-901.02. Drug treatment and education fund A. The drug treatment and education fund is established. The administrative office of the supreme court shall administer the fund. B. Fifty per cent of the monies deposited in the drug treatment and education fund shall be distributed by the administrative office of the supreme court to the superior court probation departments to cover the costs of placing persons in drug education and treatment programs administered by a qualified agency or organization that provides such programs to persons who abuse controlled substances. Such monies shall be allocated to superior court probation departments according to a formula based on probation caseload to be established by the administrative office of the supreme court. C. Fifty per cent of the monies deposited in the drug treatment and education fund shall be distributed to the Arizona parents commission on drug education and prevention established by section 41-1604.17. D. The administrative office of the supreme court shall cause to be prepared at the end of each fiscal year after 1997 an accountability report card that details the cost savings realized from the diversion of persons from prisons to probation. A copy of the report shall be submitted to the governor and the legislature, and a copy of the report shall be sent to each public library in the state. Beginning July 1, 2011, the report shall be submitted electronically. The administrative office of the supreme court shall receive reimbursement from the drug treatment and education fund for any administrative costs it incurs in the implementation of this section. 13-901.03. Violent crimes; allegation; definition A. The allegation that the defendant committed a violent crime shall be charged in the indictment or information and admitted or found by the court. The court shall allow the allegation that the defendant committed a violent crime at any time before the date the case is actually tried unless the allegation is filed fewer than twenty days before the case is actually tried and the court finds on the record that the defendant was in fact prejudiced by the untimely filing and states the reasons for these findings. B. For the purpose of this section, "violent crime" includes any criminal act that results in death or physical injury or any criminal use of a deadly weapon or dangerous instrument. 13-902. Periods of probation; monitoring; fees A. Unless terminated sooner, probation may continue for the following periods: 1. For a class 2 felony, seven years. 2. For a class 3 felony, five years. 3. For a class 4 felony, four years. 4. For a class 5 or 6 felony, three years. 5. For a class 1 misdemeanor, three years. 6. For a class 2 misdemeanor, two years. 7. For a class 3 misdemeanor, one year. B. Notwithstanding subsection A of this section, unless terminated sooner, probation may continue for the following periods: 1. For a violation of section 28-1381 or 28-1382, five years. 2. For a violation of section 28-1383, ten years. C. If the court has required, as a condition of probation, that the defendant make restitution for any economic loss related to the defendant's offense and that condition has not been satisfied, the court at any time before the termination or expiration of probation may extend the period within the following limits: 1. For a felony, not more than five years. 2. For a misdemeanor, not more than two years. D. Notwithstanding any other provision of law, justice courts and municipal courts may impose the probation periods specified in subsection A, paragraphs 5, 6 and 7 and subsection B, paragraph 1 of this section. E. After conviction of a felony offense or an attempt to commit any offense that is included in chapter 14 or 35.1 of this title or section 13-2308.01, 13-2308.03, 13-2923, 13-3212 or 13-3623, if probation is available, probation may continue for a term of not less than the term that is specified in subsection A of this section up to and including life and that the court believes is appropriate for the ends of justice. F. After conviction of a violation of section 13-3824, subsection A, if a term of probation is imposed and the offense for which the person was required to register was a felony, probation may continue for a term of not less than the term that is specified in subsection A of this section up to and including life and that the court believes is appropriate for the ends of justice. G. If a person is convicted on or after November 1, 2006 of a dangerous crime against children as defined in section 13-705, a term of probation is imposed, the person is required to register pursuant to section 13-3821 and the person is classified as a level three offender pursuant to section 13-3825, the court shall require global position system or electronic monitoring for the duration of the term of probation. The court may impose a fee on the probationer to offset the cost of the monitoring device required by this subsection. The fee shall be deposited in the adult probation services fund pursuant to section 12-267, subsection A, paragraph 3. This subsection does not preclude global position system or electronic monitoring of any other person who is serving a term of probation. 13-903. Calculation of periods of probation A. A period of probation commences on the day it is imposed or as designated by the court, and an extended period of probation commences on the day the original period lapses. B. If a court determines that the defendant violated a condition of the defendant's probation but reinstates probation, the period between the date of the violation and the date of restoration of probation is not computed as part of the period of probation. If it is determined that the defendant is not a violator, there is no interruption of the period of probation. C. The running of the period of probation shall cease during the unauthorized absence of the defendant from the jurisdiction or from any required supervision and shall resume only on the defendant's voluntary or involuntary return to the probation service. D. The running of the period of probation shall cease during the period from the filing of the petition to revoke probation to the termination of revocation of probation proceedings, except that if a court determines that the defendant is not a violator, there is no interruption of the period of probation. E. If probation is imposed on one who at the time is serving a sentence of imprisonment imposed on a different conviction, service of the sentence of imprisonment shall not satisfy the probation. F. Time spent in custody under section 13-901, subsection H shall be credited to any sentence of imprisonment imposed on revocation of probation. 13-904. Suspension of civil rights and occupational disabilities A. A conviction for a felony suspends the following civil rights of the person sentenced: 1. The right to vote. 2. The right to hold public office of trust or profit. 3. The right to serve as a juror. 4. During any period of imprisonment any other civil rights the suspension of which is reasonably necessary for the security of the institution in which the person sentenced is confined or for the reasonable protection of the public. 5. The right to possess a firearm. B. Persons sentenced to imprisonment shall not thereby be rendered incompetent as witnesses on the trial of a criminal action or proceeding, or incapable of making and acknowledging a sale or conveyance of property. C. A person sentenced to imprisonment is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if the person was not convicted and sentenced. D. The conviction of a person for any offense shall not work forfeiture of any property, except if a forfeiture is expressly imposed by law. All forfeitures to the state, unless expressly imposed by law, are abolished. E. A person shall not be disqualified from employment by this state or any of its agencies or political subdivisions solely because of a prior conviction for a felony or misdemeanor within or without this state. A person may be denied employment by this state or any of its agencies or political subdivisions by reason of the prior conviction for a felony or misdemeanor if the offense has a reasonable relationship to the functions of the employment sought. F. Subsection E of this section is not applicable to any law enforcement or probation agency. G. Any complaints concerning a violation of subsection E of this section shall be adjudicated in accordance with the procedures set forth in title 41, chapter 6 and title 12, chapter 7, article 6. H. A person who is adjudicated delinquent under section 8-341 for a felony does not have the right to carry or possess a firearm. 13-905. Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance; firearm possession; exceptions A. Except as provided in subsection P of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the court to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of sentencing. The court may issue an order that includes a certificate of second chance to a person whose judgment of guilt is set aside pursuant to subsection K or N of this section. B. The person or the person's attorney or probation officer may apply to set aside the judgment. The clerk of the court may not charge a filing fee for an application to have a judgment of guilt set aside. C. The court shall consider the following factors when determining whether to set aside the conviction: 1. The nature and circumstances of the offense that the conviction is based on. 2. The applicant's compliance with the conditions of probation, the sentence imposed and any state department of corrections' rules or regulations, if applicable. 3. Any prior or subsequent convictions. 4. The victim's input and the status of victim restitution, if any. 5. The length of time that has elapsed since the completion of the applicant's sentence. 6. The applicant's age at the time of the conviction. 7. Any other factor that is relevant to the application. D. If the application is granted, the court shall set aside the judgment of guilt, dismiss the complaint, information or indictment and order that the person be released from all penalties and disabilities resulting from the conviction except those imposed by: 1. The department of transportation pursuant to section 28-3304, 28-3305, 28-3306, 28-3307, 28-3308, 28-3312 or 28-3319. 2. The game and fish commission pursuant to section 17-314 or 17-340. 3. A lifetime injunction that is issued pursuant to section 13-719. E. A conviction that is set aside may be: 1. Used as a conviction if the conviction would be admissible had it not been set aside. 2. Alleged as an element of an offense. 3. Used as a prior conviction. 4. Pleaded and proved in any subsequent prosecution of the person by this state or any political subdivision of this state for any offense. 5. Used by the department of transportation in enforcing section 28-3304, 28-3305, 28-3306, 28-3307, 28-3308, 28-3312 or 28-3319 as if the judgment of guilt had not been set aside. 6. Used as the basis to issue a lifetime injunction pursuant to section 13-719. F. The clerk of the court must notify the department of public safety if a conviction is set aside. The department of public safety must update the person's criminal history with an annotation that the conviction has been set aside and, if applicable, a certificate of second chance has been issued but may not redact or remove any part of the person's record. G. This section does not: 1. Require a law enforcement agency to redact or remove a record or information from the record of a person whose conviction is set aside. 2. Preclude the department of public safety or the board of fingerprinting from considering a conviction that has been set aside when evaluating an application for a fingerprint clearance card pursuant to section 41-1758.03 or 41-1758.07. H. If the state or the victim objects to an application to have a judgment of guilt set aside, an objection to the application must be filed within thirty days after the application is filed with the court. If an objection is filed, the court may set a hearing. I. If the court denies an application to have a judgment of guilt set aside, the court shall state its reasons for the denial in writing and on the record. J. A victim has the right to be present and be heard at any proceeding in which the defendant has filed an application to have a judgment of guilt set aside pursuant to this section. If the victim has made a request for postconviction notice, the attorney for the state shall provide the victim with notice of the defendant's application, of whether the person is eligible for a certificate of second chance and of the rights provided to the victim in this section. K. If the court grants the application to set aside the judgment of guilt, the court's order must include a certificate of second chance if the person was convicted of any of the following: 1. A misdemeanor. 2. A class 4, 5 or 6 felony and at least two years have elapsed since the person fulfilled the conditions of probation or sentence. 3. A class 2 or 3 felony and at least five years have elapsed since the person fulfilled the conditions of probation or sentence. L. Notwithstanding subsection K of this section, a person is not eligible for a certificate of second chance if the person has previously received a certificate of second chance on the set aside of a felony conviction. For the purposes of this subsection, "felony conviction" includes multiple felony convictions resulting from the same act or course of conduct. M. The certificate of second chance: 1. Unless specifically excluded by this section, releases the person from all barriers and disabilities in obtaining an occupational license issued under title 32 that resulted from the conviction if the person is otherwise qualified. 2. Provides an employer of the person with all of the protections that are provided pursuant to section 12-558.03. 3. Provides another person or an entity that provides housing to the person with all of the protections limiting the introduction of evidence that are provided to an employer pursuant to section 12-558.03, subsection B. 4. Is not a recommendation or sponsorship for or a promotion of the person who possesses the certificate of second chance when applying for an occupational license, employment or housing. N. If the court does not issue an order that includes a certificate of second chance when the person's conviction is set aside, the person, unless otherwise precluded by this section, may apply to the court for a certificate of second chance after meeting the requirements prescribed in subsection K of this section. If a victim has made a request for postconviction notice, the attorney for the state shall provide the victim with notice of the person's application for a certificate of second chance and the victim's rights under this section. O. Notwithstanding section 13-910, if a conviction is set aside, the person's right to possess a firearm is restored. This subsection does not apply to a person who was convicted of a serious offense as defined in section 13-706. P. This section does not apply to a person who was convicted of any of the following: 1. A dangerous offense. 2. An offense for which the person is required or ordered by the court to register pursuant to section 13-3821. 3. An offense for which there has been a finding of sexual motivation pursuant to section 13-118. 4. A felony offense in which the victim is a minor under fifteen years of age. 13-906. Restoration of civil rights; process A. At the time of sentencing, the court shall inform a person in writing and on the record of the person's right to the restoration of civil rights in the following manner: 1. If a person is eligible for automatic restoration of civil rights pursuant to section 13-907, the court shall inform the person that the person's rights will be automatically restored on the completion of probation or absolute discharge from imprisonment. The court's order and judgment of guilt must include an explanation of the civil rights that will be automatically restored pursuant to this paragraph. 2. If a person is not eligible for automatic restoration of civil rights pursuant to section 13-907, the court shall inform the person of the person's right to the restoration of civil rights. The court's order and judgment of guilt must include an explanation that includes when the person can apply to have the person's civil rights restored. B. The probation department shall provide a copy of the court's sentencing order and judgment of guilt to each person who completes probation. The state department of corrections shall provide a copy of the court's sentencing order and judgment of guilt to each prisoner who obtains an absolute discharge from imprisonment unless the prisoner was sentenced to a term of probation to begin on absolute discharge from the state department of corrections. C. The clerk of the court shall notify the department of public safety when a person's civil rights are automatically restored pursuant to section 13-907, including whether the person's right to possess a firearm is restored. The clerk of the court shall notify the department of public safety if the court restores the person's civil rights, including whether a person's right to possess a firearm is restored. The department of public safety shall update the person's criminal history with an annotation that the person's civil rights have been restored and any exceptions ordered but may not redact or remove any part of the person's record. D. The restoration of a person's civil rights does not preclude the department of public safety or the board of fingerprinting from considering a conviction of a person whose civil rights have been restored when evaluating an application for a fingerprint clearance card pursuant to section 41-1758.03 or 41-1758.07. E. If the court denies an application for the restoration of a person's civil rights, the court shall state its reasons for the denial in writing. F. If the restoration of a person's civil rights is discretionary with the court, a victim has the right to be present and be heard at any proceeding in which the defendant files an application for the restoration of civil rights. If the victim has made a request for postconviction notice, the attorney for the state shall provide the victim with notice of the defendant's application and of the rights provided to the victim in this section. 13-907. Automatic restoration of civil rights for first offenders; firearm rights A. On completion of probation for an offense committed in this state or absolute discharge from imprisonment, any person who has not previously been convicted of a felony offense shall automatically be restored any civil rights that were lost or suspended as a result of the conviction if the person pays all victim restitution imposed. A person who is entitled to the restoration of any civil rights pursuant to this subsection is not required to file an application pursuant to section 13-908, except that if the person does file an application, the court shall grant the application without receiving a response from the state or holding a hearing. B. On completion of probation for an offense committed outside the jurisdiction of this state or absolute discharge from a prison in another state or the federal bureau of prisons, a person who has not previously been convicted of a felony offense is eligible for automatic restoration of any civil rights that were lost or suspended as a result of the conviction if the person pays all victim restitution imposed. A person who is entitled to the restoration of any civil rights pursuant to this subsection shall file an application pursuant to section 13-908, and the court shall grant the application without receiving a response from the state or holding a hearing. C. This section does not apply to a person's right to possess a firearm as defined in section 13-3101 if the person was convicted of any of the following: 1. A dangerous offense under section 13-704 or an offense committed outside the jurisdiction of this state that would be a dangerous offense under section 13-704 if committed in this state. 2. A serious offense as defined in section 13-706 or an offense committed outside the jurisdiction of this state that would be a serious offense as defined in section 13-706 if committed in this state. D. If the person is not entitled to the automatic restoration of firearm rights pursuant to this section, the court may order the restoration of the right to possess a firearm pursuant to section 13-910. 13-908. Restoration of civil rights; application; firearm rights; definition A. On final discharge, a person who has previously been convicted of a felony or who has not paid all victim restitution that was imposed may apply to the superior court to have the person's civil rights restored. The restoration of civil rights is in the discretion of the judicial officer. B. The person or the person's attorney or probation officer may file the application for the restoration of civil rights. The clerk of the court may not charge a filing fee for an application. The clerk of the court shall forward a copy of the application to the county attorney or attorney general. C. A person whose civil rights were lost or suspended as a result of a felony conviction in another state or a United States district court and whose period of probation has been completed may file the application for restoration of civil rights in the county in which the person now resides. D. A person whose civil rights were lost or suspended as a result of a felony conviction in another state or a United States district court and who has received an absolute discharge from imprisonment in a prison in another state or a federal prison shall file the application for the restoration of civil rights in the county in which the person now resides. The restoration of civil rights is in the discretion of the judicial officer. E. This section does not apply to a person's right to possess a firearm as defined in section 13-3101 if the person was convicted of any of the following: 1. A dangerous offense under section 13-704 or an offense committed outside the jurisdiction of this state that would be a dangerous offense under section 13-704 if committed in this state. 2. A serious offense as defined in section 13-706 or an offense committed outside the jurisdiction of this state that would be a serious offense as defined in section 13-706 if committed in this state. F. If the person is not entitled to the restoration of firearm rights pursuant to this section, the court may order the restoration of the right to possess a firearm pursuant to section 13-910. G. For the purposes of this section, "final discharge" means the completion of probation or the receipt of an absolute discharge from the state department of corrections, a prison in another state or the federal bureau of prisons. 13-909. Vacating the conviction of a sex trafficking victim; requirements A. A person who was convicted of a violation of section 13-3214 or a city or town ordinance that has the same or substantially similar elements as section 13-3214 may apply to the court that pronounced sentence to vacate the person's conviction. The court shall grant the application and vacate the conviction if the court finds by clear and convincing evidence that the person's participation in the offense was a direct result of being a victim of sex trafficking pursuant to section 13-1307 or 13-3212. B. If the prosecutor does not oppose the application, the court may grant the application and vacate the conviction without a hearing. C. If the prosecutor opposes the application, the court shall hold a hearing on the application. D. On vacating the conviction, the court shall: 1. Release the applicant from all penalties and disabilities resulting from the conviction. 2. Enter an order sealing all records that relate to the applicant's arrest, conviction and sentence and that a notation be made in the court file and in law enforcement and prosecution records that the conviction has been vacated and the person was the victim of a crime. 3. Transmit the order vacating the conviction to the arresting agency, the prosecutor and the department of public safety. E. A conviction vacated pursuant to this section does not qualify as a historical prior felony conviction and cannot be alleged for any purpose pursuant to section 13-703 or 13-707. F. Except on an application for employment that requires a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1, a person whose conviction is vacated under this section may in all instances state that the person has never been arrested for, charged with or convicted of the crime that is the subject of the conviction, including in response to questions on employment, housing, financial aid or loan applications. 13-910. Restoration of right to possess a firearm A. A person who is convicted of a dangerous offense under section 13-704 or an offense committed outside the jurisdiction of this state that would be a dangerous offense under section 13-704 if committed in this state may not file for the restoration of the right to possess or carry a firearm. A person who is convicted of a serious offense as defined in section 13-706 or an offense committed outside the jurisdiction of this state that would be a serious offense as defined in section 13-706 if committed in this state may not file for the restoration of the right to possess or carry a firearm for ten years from the date of the person's absolute discharge. B. The restoration of the right to possess a firearm pursuant to this section is in the discretion of the judicial officer. 13-911. Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition A. A person may file a petition to seal all case records related to a criminal offense if the person was: 1. Convicted of a criminal offense and has completed all of the terms and conditions of the sentence that was imposed by the court, including the payment of all monetary obligations and restitution to all victims. 2. Charged with a criminal offense and the charge was subsequently dismissed or resulted in a not guilty verdict at a trial. 3. Arrested for a criminal offense and no charges were filed. B. All case records, except those vacated pursuant to section 13-909, that are sealed pursuant to this section may be: 1. Alleged as an element of an offense. 2. Used as a historical prior felony conviction. 3. Admissible for impeaching any party or witness in a subsequent trial. 4. Used to enhance the sentence for a subsequent felony. 5. Used to enhance the sentence pursuant to sections 28-1381 and 28-1382. 6. Pleaded and proved in any subsequent prosecution of the person by this state or a political subdivision of this state. 7. Used as a conviction if the conviction would be admissible if the conviction was not sealed. C. The person shall file a petition to seal all case records in one of the following: 1. The court in which the person was convicted of an offense. 2. The court in which an indictment, information, criminal citation or complaint against the person was filed and the charges were dismissed, the person was found not guilty or the person's conviction was vacated, except that if the complaint was filed in a justice court and a subsequent information was filed, the petition must be filed in the superior court. 3. The court in which the person had an initial appearance if charges were not filed. 4. The superior court in the county where a person was arrested if the person did not have an initial appearance and no charges were filed. D. The court may not grant or deny a petition to seal a person's case records until sixty calendar days after the court receives the petition unless the court receives notice that both the prosecutor and all victims who have made a request for postconviction notice do not object to the petition. Unless the petitioner, prosecutor or victim requests a hearing, the court may grant or deny a petition to seal case records without a hearing. The court may dismiss a petition that does not meet the requirements prescribed in this section without a hearing. The court shall grant the petition if the court determines that granting the petition is in the best interests of the petitioner and the public's safety. The clerk of the court shall provide a copy of the petition to seal case records to the prosecutor. The prosecutor may respond to the petition and request a hearing. The victim has a right to be present and heard at any proceeding in which the defendant has filed a petition to seal case records. If the victim has made a request for postconviction notice, the prosecutor shall provide the victim with notice of the defendant's petition and of the victim's rights under this section. E. At the time of sentencing, the court shall inform the person on the record that the person may be eligible to petition the court for an order that seals all case records of the person's arrest, conviction and sentence that are related to the offense pursuant to this section and shall provide this notice in writing. A person who was convicted of any eligible offense may petition the court to seal the person's records of arrest, conviction and sentence after the person completes all of the nonmonetary terms and conditions of the person's sentence ordered by the court, and the following period of time has passed since the person completed the nonmonetary conditions of probation or sentence and was discharged by the court: 1. Ten years for a class 2 or 3 felony. 2. Five years for a class 4, 5 or 6 felony. 3. Three years for a class 1 misdemeanor. 4. Two years for a class 2 or 3 misdemeanor. 5. Immediately for an offense vacated pursuant to section 13-909. 6. Immediately for a petty offense. F. A person whose case records have been sealed pursuant to subsection E of this section and who commits a subsequent felony offense may petition the court pursuant to subsection E of this section to seal the person's records of arrest, conviction and sentence relating to the subsequent felony offense after the applicable period of time prescribed in subsection E of this section for the subsequent felony offense has expired and an additional five years have passed. G. A petitioner is required to have paid all fines, fees and restitution ordered by the court at the time of filing the petition to be eligible to seal case records pursuant to this section. H. After a petition to seal case records is filed, the court shall notify the department of public safety and request the department to prepare and submit a report to the court that includes all of the petitioner's state and federal arrests, prosecutions and convictions and any other information that the court requests or that the department believes will assist the court in making its determination. The director may charge the petitioner a fee that is determined by the director for the investigation unless the petitioner is indigent or has been found not guilty or the case was dismissed or not prosecuted and the petition is filed pursuant to subsection C, paragraph 2 or 3 of this section. I. If the court grants a petition to seal case records: 1. The court shall issue an order sealing all records relating to the petitioner's arrest, conviction and sentence and directing the clerk of the court to notify the department of public safety and the prosecutor of the sealing order. 2. On order of a court, the clerk of the court shall seal all case records relating to the petitioner's arrest, conviction and sentence. A court order to seal case records pursuant to this section is subject only to the disclosure requirements in this section and shall be treated differently than a record that is sealed pursuant to any other statute or court rule. The clerk shall create and manage a system for sealing case records pursuant to this section and for providing sealed case records to an entity or person that is listed in subsection J of this section and that requests the record. On the request of an entity or person listed in subsection J of this section, the clerk shall provide the entity or person with any sealed case records. The clerk may not provide sealed case records pursuant to this section to any person or entity that is not listed in subsection J of this section. 3. The department of public safety shall designate the case records as sealed within the department's records and inform all appropriate state and federal law enforcement agencies of the sealing. The department may not share or provide sealed case records with any person or entity or for any purpose that is not listed in subsections B and J of this section. The department may charge the successful petitioner a fee determined by the director to research and correct the petitioner's criminal history record unless the petitioner is indigent or has been found not guilty or the case has been dismissed or not prosecuted and the petition is filed pursuant to subsection C, paragraph 2 or 3 of this section. 4. The arresting and prosecuting agencies shall clearly identify in each agency's files and electronic records that the petitioner's arrest or conviction and sentence records are sealed. 5. A person whose records are sealed pursuant to this section may state, in all instances, that the person has never been arrested for, charged with or convicted of the crime that is the subject of the arrest or conviction, including in response to questions on employment, housing, financial aid or loan applications unless any of the following applies: (a) The person is submitting an application that requires a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. (b) The sealed case records involved a class 2 or class 3 felony violation of chapter 34 of this title. (c) The sealed case records involved burglary under section 13-1506, 13-1507 or 13-1508, theft under section 13-1802 or organized retail theft under section 13-1819 from a residential or nonresidential structure and the person is applying for a job that requires entering into and performing services inside of a residential structure. (d) The sealed case records involved child abuse under section 13-3623 or aggravated assault under section 13-1204 and the person is applying for a job involving supervising, educating or administering care to a minor. (e) The sealed case records involved vulnerable adult abuse under section 13-3623 and the person is applying for a job involving supervising or administering care to a vulnerable adult or a person who is at least sixty-five years of age. (f) The sealed case records involved a violation of section 5-395.01, 5-396, 5-397, 13-1814, 28-1381, 28-1382, 28-1383, 28-8282, 28-8284, 28-8286, 28-8287 or 28-8288 and the person is applying for a job involving the commercial or private operation of a motor vehicle, boat or airplane. (g) The sealed case records involved a violation of chapter 18, 19, 20, 21, 22 or 23 of this title or telecommunication fraud under section 13-3707 and the person is applying for a job involving accounting, overseeing, transporting, handling or managing another person's money or financial assets. (h) The person is applying for a position with a law enforcement agency, a prosecutor's office, a court, a probation department, a child welfare agency as defined in section 8-501, the department of child safety, the department of juvenile corrections or the state department of corrections. (i) The person is undergoing a background check for the placement with that person of a child who is in the custody of the department of child safety. (j) The disclosure is required by a state or federal law. (k) The disclosure is required to comply with program integrity provisions of medicare, medicaid or any other federal health care program. 6. The person's employer is not liable for hiring or contracting with the person as prescribed in section 12-558.03. J. If the person's case records are sealed pursuant to this section, the records shall be made available for the purposes listed in subsection B of this section and to the following: 1. The person whose records are sealed and any attorney who has filed a notice of appearance on behalf of the person whose records are sealed. 2. The victim in the case if the victim has exercised victims' rights pursuant to section 13-4414. 3. Any of the following if the purpose relates to the operation of the requesting party's official duties or internal hiring practices, or both: (a) A law enforcement agency. (b) A prosecuting agency. On request of a person who is charged with a criminal offense or that person's attorney of record, a prosecuting agency shall provide the sealed case records of any person whom the prosecuting agency intends to call as a witness in that person's prosecution. (c) A probation department or any agency that is responsible for the preparation of a presentence report. (d) A court. (e) The department of child safety or a child welfare agency as defined in section 8-501. (f) The department of juvenile corrections. (g) The state department of corrections or any other correctional facility in this state. (h) The clerk of the court or any department that is responsible for maintaining court records. K. This section does not require the supreme court or the court of appeals to seal any record. L. If the court denies a petition to seal case records, a person may not file a new petition until three years after the date of the denial. M. A conviction for an offense that is committed in another jurisdiction and that if committed in this state would not constitute an offense in this state may not be used against the petitioner or prohibit the petitioner from having a record sealed. For the purposes of this section, the classification of an offense committed in another jurisdiction has the classification that the offense would have if committed in this state. N. If the petitioner has a charge pending or is charged with an offense after filing a petition to seal case records pursuant to subsection C, paragraph 3 or 4 of this section and the charge could result in a conviction that cannot be sealed or that could extend the time to file a petition to seal case records, the court may not grant or deny the petition until the court disposes of that charge. O. The following offenses are not eligible to be sealed pursuant to this section: 1. A dangerous offense as defined in section 13-105. 2. A dangerous crime against children as defined in section 13-705. 3. A serious offense or violent or aggravated felony as defined in section 13-706. 4. Any offense that has either of the following as an element of the offense: (a) The discharge, use or threatening exhibition of a deadly weapon or dangerous instrument. (b) The knowing infliction of serious physical injury on another person. 5. Sex trafficking pursuant to section 13-1307. 6. A class 2, 3, 4 or 5 felony offense that is included in chapter 14 or 35.1 of this title. P. This section does not affect any of the following: 1. The right of the person whose case records are sealed to appeal the conviction or sentence or to rely on it in bar of any subsequent proceeding for the same offense. 2. The right of a law enforcement agency to maintain an arrest and conviction record and to communicate information regarding the sealed record of arrest or conviction to prosecuting agencies, courts, probation departments and other law enforcement agencies for a purpose listed in subsection J of this section or in defense of a civil action that arises out of the facts of the arrest or to the Arizona peace officer standards and training board solely to assist the board in determining the fitness of a person to serve as a peace officer, except that in any of these cases the information may not be disclosed to any person or entity that is not listed in subsection J of this section. 3. The department of public safety or the board of fingerprinting from considering a conviction that is sealed pursuant to this section when evaluating an application for a fingerprint clearance card pursuant to section 41-1758.03 or 41-1758.07, except that the board of fingerprinting shall consider sealed case records as a mitigating circumstance in determining whether to grant a good cause exception pursuant to section 41-619.55. 4. A court from issuing a lifetime injunction pursuant to section 13-719 or the validity of a lifetime injunction that was issued pursuant to section 13-719. Q. For the purposes of this section, "case records" means all records that pertain to a person's arrest, conviction and sentence for a particular offense and that may be sealed pursuant to this section. 13-912. Apprenticeship programs; hours; location A probationer who is on standard probation and who is participating in a state or federally recognized apprenticeship program may do both of the following: 1. Work at any hours of the day as long as the probationer remains in good standing with the apprenticeship program. 2. Travel within this state outside of the jurisdiction in which the probationer resides to work in the apprenticeship program. 13-913. Definition of intensive probation In this chapter, unless the context otherwise requires, "intensive probation": 1. Means a program established pursuant to this chapter of highly structured and closely supervised probation that emphasizes individualized intervention for a person who is deemed appropriate for the program pursuant to section 13-914, subsection B. 2. Includes the payment of restitution, if applicable, as required pursuant to section 13-914, subsection F, paragraph 2. 13-914. Intensive probation; evaluation; sentence; criteria; conditions A. An adult probation officer shall prepare a presentence report for every offender who has either: 1. Been convicted of a felony and for whom the granting of probation is not prohibited by law. 2. Violated probation by commission of a technical violation that was not chargeable or indictable as a criminal offense. B. The adult probation officer shall evaluate the needs of the offender and the offender's risk to the community, including the nature of the offense and criminal history of the offender. If the nature of the offense and the prior criminal history of the offender indicate that the offender should be included in an intensive probation program pursuant to supreme court guidelines for intensive probation, the adult probation officer may recommend to the court that the offender be granted intensive probation. C. The court may suspend the imposition of sentence and grant the offender a period of intensive probation in accordance with this chapter. The suspension of sentence may be modified or revoked pursuant to this chapter. D. When granting intensive probation the court shall set forth on the record the factual and legal reasons in support of the sentence. E. The court may grant intensive probation only to a person with high risk and high need who is eligible for a grant of probation. F. Intensive probation shall be conditioned on the offender: 1. Maintaining employment or full-time student status at a school subject to title 15 or title 32, chapter 30, or a combination of employment and student status, and making progress deemed satisfactory to the probation officer, or being involved in supervised job searches and community restitution work at least six days a week throughout the offender's term of intensive probation. 2. Paying restitution. 3. Paying probation fees of not less than $75 unless, after determining the inability of the offender to pay the fee, the court assesses a lesser fee. Probation fees shall be deposited in the adult probation services fund established by section 12-267. Any amount assessed pursuant to this paragraph shall be used to supplement monies used for the salaries of adult probation and surveillance officers and for support of programs and services of the superior court adult probation departments. 4. Paying monetary obligations imposed by the court. 5. Complying with any other conditions imposed by the court in order to meet the needs of the offender and limit the risks to the community. 13-915. Wilful failure to pay; revocation of probation If the court finds that a defendant has wilfully failed to pay a fine, a surcharge, a fee, an assessment, restitution or incarceration costs or finds that a defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court may revoke the defendant's probation and sentence the defendant to prison pursuant to law. 13-916. Adult intensive probation teams; adult intensive probation officer qualifications; duties; caseload limit A. The chief adult probation officer in each county, with approval of the presiding judge of the superior court, shall appoint adult intensive probation teams consisting of one adult probation officer and one surveillance officer, two adult probation officers or one adult probation officer and two surveillance officers. B. A two person intensive probation team shall supervise no more than twenty-five persons at one time, and a three person intensive probation team sha