ARS-13-905
(Arizona Revised Statutes)
Restoration of civil
rights; persons completing probation
A
person who has been convicted of two or more felonies and whose period of
probation has been completed may have any civil rights which were lost or
suspended by his felony conviction restored by the judge who discharges him at
the end of the term of probation.
Upon
proper application, a person who has been discharged from probation either
prior to or after adoption of this chapter may have any civil rights which were
lost or suspended by his
felony conviction restored by the superior court judge by whom the person was
sentenced or his
successors in office from the county in which he was originally convicted. The
clerk of such
superior court shall have the responsibility for processing the application
upon request of the
person involved or his attorney. The superior court shall cause a copy of the
application to be
served upon the county attorney.
If
the person was convicted of a dangerous offense under section 13-604, the
person may not file for the restoration of his right to possess or carry a gun
or firearm. If the person was
convicted of a serious offense as defined in section 13-604 the person may not
file for the
restoration of his right to possess or carry a gun or firearm for ten years
from the date of his
discharge from probation. If the person was convicted of any other felony
offense, the person
may not file for the restoration of his right to possess or carry a gun or
firearm for two years from
the date of his discharge from probation.
ARS-13-901 (Arizona Revised Statutes)
Probation
A
person who has been convicted of a violation or attempted violation of any of
the following offenses or who has been convicted of an offense committed in
another jurisdiction that if committed in this state would be a violation or
attempted violation of any of the following offenses or an offense that was in
effect before September 1, 1978 and that, if committed on or after September 1,
1978, has the same elements of an offense listed in this section or who is
required to register by the convicting jurisdiction, within ten days after the
conviction or within ten days after entering and remaining in any county of
this state, shall register with the sheriff of that county:
1. Unlawful imprisonment
pursuant to section 13-1303 if the victim is under eighteen years of age and
the unlawful imprisonment was not committed by the child's parent.
2. Kidnapping pursuant to
section 13-1304 if the victim is under eighteen years of age and the kidnapping
was not committed by the child's parent.
3. Sexual abuse pursuant
to section 13-1404 if the victim is under eighteen years of age.
4. Sexual conduct with a
minor pursuant to section 13-1405.
5. Sexual assault
pursuant to section 13-1406.
6. Sexual assault of a
spouse if the offense was committed before August 12, 2005.
7. Molestation of a child
pursuant to section 13-1410.
8. Continuous sexual
abuse of a child pursuant to section 13-1417.
9. Taking a child for the
purpose of prostitution pursuant to section 13-3206.
10. Child prostitution
pursuant to section 13-3212.
11. Commercial sexual
exploitation of a minor pursuant to section 13-3552.
12. Sexual exploitation
of a minor pursuant to section 13-3553.
13. Luring a minor for
sexual exploitation pursuant to section 13-3554.
14. Sex trafficking of a
minor pursuant to section 13-1307.
15. A second or
subsequent violation of indecent exposure to a person under fifteen years of
age pursuant to section 13-1402.
16. A second or
subsequent violation of public sexual indecency to a minor under the age of
fifteen years pursuant to section 13-1403, subsection B.
17. A third or subsequent
violation of indecent exposure pursuant to section 13-1402.
18. A third or subsequent
violation of public sexual indecency pursuant to section 13-1403.
19. A violation of
section 13-3822 or 13-3824.
Before
the person is released from confinement the state department of corrections in
conjunction with the department of public safety and each county sheriff shall
complete the registration of any person who was convicted of a violation of any
offense listed under subsection A of this section. Within three days after the
person's release from confinement, the state department of corrections shall
forward the registered person's records to the department of public safety and
to the sheriff of the county in which the registered person intends to reside.
Registration pursuant to this subsection shall be consistent with subsection E
of this section.
Notwithstanding
subsection A of this section, the judge who sentences a defendant for any
violation of chapter 14 or 35.1 of this title or for an offense for which there
was a finding of sexual motivation pursuant to section 13-118 may require the
person who committed the offense to register pursuant to this section.
The
court may require a person who has been adjudicated delinquent for an act that
would constitute an offense specified in subsection A or C of this section to
register pursuant to this section. Any duty to register under this subsection
shall terminate when the person reaches twenty-five years of age.
A
person who has been convicted of or adjudicated delinquent and who is required
to register in the convicting state for an act that would constitute an offense
specified in subsection A or C of this section and who is not a resident of
this state shall be required to register pursuant to this section if the person
is either:
1. Employed full-time or
part-time in this state, with or without compensation, for more than fourteen
consecutive days or for an aggregate period of more than thirty days in a
calendar year.
2. Enrolled as a
full-time or part-time student in any school in this state for more than
fourteen consecutive days or for an aggregate period of more than thirty days
in a calendar year. For the purposes of this paragraph, "school"
means an educational institution of any description, public or private,
wherever located in this state.
Any duty to register under subsection D
or E of this section for a juvenile adjudication terminates when the person reaches
twenty-five years of age.
The
court may order the termination of any duty to register under this section on
successful completion of probation if the person was under eighteen years of
age when the offense for which the person was convicted was committed.
At
the time of registering, the person shall sign or affix an electronic
fingerprint to a statement giving such information as required by the director
of the department of public safety, including all names by which the person is
known. The sheriff shall fingerprint and photograph the person and within three
days thereafter shall send copies of the statement, fingerprints and
photographs to the department of public safety and the chief of police, if any,
of the place where the person resides. The information that is required by this
subsection shall include the physical location of the person's residence and
the person's address. If the person has a place of residence that is different
from the person's address, the person shall provide the person's address, the
physical location of the person's residence and the name of the owner of the
residence if the residence is privately owned and not offered for rent or
lease. If the person receives mail at a post office box, the person shall
provide the location and number of the post office box. If the person does not
have an address or a permanent place of residence, the person shall provide a
description and physical location of any temporary residence and shall register
as a transient not less than every ninety days with the sheriff in whose
jurisdiction the transient is physically present.
On
the person's initial registration and every year after the person's initial
registration, the person shall obtain a new nonoperating identification license
or a driver license from the motor vehicle division in the department of
transportation and shall carry a valid nonoperating identification license or a
driver license. Notwithstanding sections 28-3165 and 28-3171, the license is
valid for one year from the date of issuance, and the person shall submit to
the department of transportation proof of the person's address and place of
residence. The motor vehicle division shall annually update the person's
address and photograph and shall make a copy of the photograph available to the
department of public safety or to any law enforcement agency. The motor vehicle
division shall provide to the department of public safety daily address updates
for persons required to register pursuant to this section.
Except
as provided in subsection E or K of this section, the clerk of the superior
court in the county in which a person has been convicted of a violation of any
offense listed under subsection A of this section or has been ordered to
register pursuant to subsection C or D of this section shall notify the sheriff
in that county of the conviction within ten days after entry of the judgment.
Within
ten days after entry of judgment, a court not of record shall notify the
arresting law enforcement agency of an offender's conviction of a violation of
section 13-1402. Within ten days after receiving this information, the law
enforcement agency shall determine if the offender is required to register
pursuant to this section. If the law enforcement agency determines that the
offender is required to register, the law enforcement agency shall provide the
information required by section 13-3825 to the department of public safety and
shall make community notification as required by law.
A
person who is required to register pursuant to this section because of a
conviction for the unlawful imprisonment of a minor or the kidnapping of a
minor is required to register, absent additional or subsequent convictions, for
a period of ten years from the date that the person is released from prison,
jail, probation, community supervision or parole and the person has fulfilled
all restitution obligations. Notwithstanding this subsection, a person who has
a prior conviction for an offense for which registration is required pursuant
to this section is required to register for life.
A
person who is required to register pursuant to this section and who is a
student at a public or private institution of postsecondary education or who is
employed, with or without compensation, at a public or private institution of postsecondary
education or who carries on a vocation at a public or private institution of
postsecondary education shall notify the county sheriff having jurisdiction of
the institution of postsecondary education. The person required to register
pursuant to this section shall also notify the sheriff of each change in
enrollment or employment status at the institution.
At
the time of registering, the sheriff shall secure a sufficient sample of blood
or other bodily substances for deoxyribonucleic acid testing and extraction
from a person who has been convicted of an offense committed in another
jurisdiction that if committed in this state would be a violation or attempted
violation of any of the offenses listed in subsection A of this section or an
offense that was in effect before September 1, 1978 and that, if committed on
or after September 1, 1978, has the same elements of an offense listed in
subsection A of this section or who is required to register by the convicting
jurisdiction. The sheriff shall transmit the sample to the department of public
safety.
For
the purposes of this section:
1. "Address"
means the location at which the person receives mail.
2. "Residence"
means the person's dwelling place, whether permanent or temporary.