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Rule 29.6. Disposition

Arizona Revised Statutes AnnotatedRules of Criminal Procedure

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VII. Post-Verdict Proceedings
Rule 29. Setting Aside a Conviction (Refs & Annos)
16A A.R.S. Rules Crim.Proc., Rule 29.6
Formerly cited as AZ ST RCRP Rule 29.7
Rule 29.6. Disposition
Currentness
(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.

Credits

Formerly Rule 29.5, added Aug. 31, 2017, effective Jan. 1, 2018. Renumbered Rule 29.6 and amended on an emergency basis June 15, 2018, effective Aug. 3, 2018, adopted on a permanent basis Dec. 13, 2018.
16A A. R. S. Rules Crim. Proc., Rule 29.6, AZ ST RCRP Rule 29.6
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
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