Arizona Proposition 207 - Expungement
Persons who are eligible for expungement under Prop 207 may petition the court for relief beginning July 12, 2021. Among the resources created to help courts implement the expungement process are approved forms.
Effective immediately Administrative Directive 2021-14, which includes both new and amended forms, replaces Administrative Directive 2021-11. New forms include the Petition to Expunge Records: Juvenile Court and Juvenile Court Order Re: Expungement, with terminology that is appropriate for juvenile cases.
Revisions to previously approved forms include the following:
- All order forms now also include check boxes for a judge to indicate if a warrant is to be quashed and a new warrant issued on non-expunged charges under the same case number.
- Language in the opening paragraph of the superior court order form that gave judges a way to indicate whether the petitioner was asking to have civil rights restored or not has been removed. Restoration of civil rights is automatic under the expungement statute, making that language unnecessary.
- On the petition forms, a field required by Rule 36 was inadvertently omitted. The field was added to allow a petitioner to tell the court what name they used at the time of their arrest, if different from the name they currently use.
- Instructions have been updated to include the need to provide the former name information, and instructions have been included to use the juvenile court petition where appropriate.
Please see these additional resources to help prepare your court for implementation of the expungement process.
- The Prop 207 webpage (Prop 207 (azcourts.gov)) is a one-stop location where the public can find information and resources about Arizona’s expungement process, including the approved forms and instructions. The public can find the Prop 207 webpage on the AZCourts.gov website by using the Gavel chatbot, the Search bar, or under the Self-Service Center tab.
- A.R.S. § 36-2862 addresses the petition process, appeals, and dismissals of complaints. It also allocates responsibility for specific procedures among the courts, the Department of Public Safety, law enforcement agencies, and prosecutors.
- Administrative Order 2021-82 provides guidance on processing expungement petitions and expungement orders that have been granted by the courts. It includes information about management of case records and verbatim recordings that include an expunged charge, redaction of case records in response to public records requests, protecting sealed information from public access websites and e-access, and other responsibilities related to the expungement.
- Rule 36, Rules of Criminal Procedure takes effect July 12, 2021, on an emergency basis, and the Supreme Court will consider adopting it permanently at its August 2021 Rules Agenda. Rule 36 governs petitions filed under A.R.S. § 36-2862 that seek to have records expunged, convictions vacated, and civil rights restored.
Additional information can be found at Prop 207 (azcourts.gov).