How Do Lawyers Interpret Brand New Laws?
On January 1, 2023, the Arizona legislature enacted a law that allows Arizona citizens to seal their old criminal convictions.
Given that the law is only 83 days old, how the judges will interpret it is unclear.
What is the New Arizona Sealing Law?
The new Arizona law A.R.S. 13-911 allows, for the first time, Arizona citizens to seal or expunge their old criminal record. The most important aspect of this law is that you can now say “NO” on an employment, rental, or loan application to the question have you been convicted of a crime?”
I’ve talked about this new law many times in the last six months.
Including here: New Arizona Expungement Law
Frequently Asked Questions
I’ve received many calls this year regarding this new law.
Out of 100 questions I’ve been asked, I’ve been able to answer 95 of them off the top of my head because I’ve been practicing law in Arizona for 23 years.
In the past, we’ve had different laws in Arizona called “Motion to Set Aside Conviction” and Motion to Restore Rights.” These were the closest to expungement laws before the new Motion to Seal Records Law.
I have been filing these various Motions for 21 years.
But there are a few questions that I don’t have the answers to because the law is so new.
I assume no Arizona lawyer or even judges know some of the answers for the same reason – the law is brand new.
For example, can I file a motion to seal if I have multiple cases? Can I file if I was convicted of a felon? Can you seal a DUI in Arizona?
Since I could not rely on my experience, I looked to another secret device – Legislative History.
What is Legislative history?
Now before you fall asleep, the legislative history is important to this new law because it may help guide judges when deciding whether records should be sealed.
Legislative history refers to the documents and discussion related to the passage of a particular piece of legislation.
These documents often provide important context and insight into the meaning and purpose of a statute. Legislative history can include things like floor debates, committee reports, bill drafts, and other documents that provide information about how a particular statute was created and what the statute was meant to accomplish.
Here is an example of the discussion around Arizona’s new Motion to Seal law.
For example, floor debates can provide insight into the intent of a particular statute, as well as the arguments and concerns that were being discussed during its passage through the legislature. Committee reports can provide a summary of the relevant facts, legal principles, and policy considerations that were taken into account when crafting the statute.
So that’s what it is, but why is it important?
Why Legislative history is important for Arizona’s New Motion to Seal Law
Since there is no case law (Case law is basically earlier decisions by courts that future judges use as guides) interpreting the new statute, there is nothing for the judges to look to for guidance on the new law.
While not nearly as persuasive, an alternative to looking at case law is to look at what the legislatures had in mind when they were drafting the law in the first place.
Arizona lawyers and judges typically don’t look to the legislative history in cases for a couple of reasons. One, because usually there is case law on an issue. Two, if we ever need legislative history, it is usually because we are trying to interpret a vague or ambiguous statute that’s been around for a while.
So what Does the Legislative History say about Arizona’s Motion to Seal Records Law?
The three most important issues I found answers to in the legislative history of
A.R. S. 13-911 are:
(1) Can you file if you have multiple convictions
(2) can you file if you have felonies
(3) can you seal a DUI
Multiple Convictions
After reviewing a couple of hours of discussion about the new Arizona law, I found one specific back-and-forth with the sponsor or creator of the bill and a concerned congressman. The congressman specifically asked the sponsor if people with multiple convictions could file a motion to seal. The sponsor of the bill said unequivocally yes, assuming the time had lapsed for both convictions.
Felony Convictions
While this law was being created, many members of the Arizona Congress had concerns about felons being able to seal their records. Based on the statement during the various hearings, the creators of the law clearly intended for felons to be able to file this motion with the caveat of not being serious felons.
See the final law here: A.R.S. 13-911
Can you seal a DUI in Arizona?
Yes, you can clearly file a motion to seal an old DUI conviction if it has been 3 years since you satisfied all of your penalties. The reason this is an issue is that Arizona law sometimes treats DUIs a bit differently and could have been included in one of the exceptions.
Conclusion
While there are still some unanswered questions about Arizona’s new Motion to Seal Records Law, looking to the legislative history of the statute can provide valuable guidance for lawyers and judges when interpreting the law. As a law firm with extensive experience practicing in Arizona, I will continue to monitor developments related to this new law and provide updates as needed.
If you have any questions, please feel free to call me at (602) 284-3035.
Derron