§ 28-3004 — License records

Arizona § 28-3004

• Jurisdiction: Arizona
• Title 28: Arizona Revised Statutes
• Ch. 8: MOTOR VEHICLE DRIVER LICENSES
• Art. 1: General Provisions

Text

A. The department shall file an application for a license and shall maintain suitable indexes containing, in alphabetical order:

1. Each application denied, with a note on each application of the reason for the denial.

2. Each application granted.

3. Except as provided in subsection B of this section, the name of each licensee whose license has been suspended or revoked by the department, with a note after each name of the reason for the action.

B. Except as provided in subsection C of this section, the director shall expunge from the public records maintained by the department a note of a suspension or revocation made pursuant to section 28-1385 if, after the suspension or revocation period, any of the following occurs:

1. The licensee submits a certified copy of the court record indicating either of the following:

(a) A dismissal of the violation on which the suspension or revocation is based and submits proof that the charge was not refiled within six months after the dismissal.

(b) A finding of not guilty of the violation on which the suspension or revocation is based.

2. After twelve months the licensee has not been charged with a violation of section 28-1381 or 28-1382 resulting from the event on which the suspension or revocation is based if the event does not involve death or serious physical injury as defined in section 13-105.

3. After twenty-four months the licensee has not been charged with a violation of section 28-1381 or 28-1382 resulting from the event on which the suspension or revocation is based if the event involves death or serious physical injury as defined in section 13-105.

C. The director shall not expunge the record or shall rescind the expungement of the record if the licensee operates a commercial motor vehicle without the proper class of commercial driver license, holds a commercial driver license or is convicted of or found responsible for a violation of chapter 3, 4 or 5 of this title that occurred during the suspension or revocation period or if the licensee's driver license or permit is suspended pursuant to section 28-1321 or suspended and restricted pursuant to section 28-1385 during the suspension or revocation period.

D. The department shall file all abstracts of court records of convictions and judgments it receives under the laws of this state and shall maintain convenient records of the abstracts or make suitable notations on the abstracts in order that an individual record of each licensee showing the convictions and judgments of the licensee and the traffic accidents in which the licensee has been involved is readily ascertainable and available for the consideration of the department on an application for renewal of a license and at other suitable times.

E. The department shall maintain the records pursuant to this section for five years after the application, suspension, revocation or abstract of a court record of conviction or judgment has become inactive.