Ariz. R. Sup. Ct. 71

As amended through December 6, 2023

Rule 71 - Expungement of State Bar Records

(a)Definition. Expungement means the destruction of all records or other evidence of the existence of a charge or complaint except for a docket entry showing the names of the respondent and complainant, the final disposition, and the date of expunction.

(b)Expungement. All records relating to a charge or complaint terminated by dismissal, or a random trust account examination, may be expunged from the files of the state bar after three years have elapsed from the date of dismissal or the completion of the examination.

(c)Notice to Respondent. The respondent shall be given thirty (30) days' written notice of expungement and opportunity to be heard.

(d)Effect of Expungement. After a file has been expunged, any response by the committee or state bar to an inquiry requiring a reference to the matter shall state that any record the state bar may have had of such matter has been expunged pursuant to court rule, and that no inference adverse to the respondent shall be drawn from the incident in question. The respondent may answer any inquiry requiring a reference to the matter by stating that the charge or complaint was dismissed and expunged pursuant to court rule.

(e)Retention of Records Eligible for Expungement. Upon application to the chair or the vice-chair of the committee by bar counsel or respondent, for good cause shown and with notice and opportunity to be heard, records that are eligible for expungement under this rule may be retained for such additional period of time not exceeding three (3) years as the chair or vice-chair deems appropriate. Bar counsel or respondent may seek an additional extension or extensions of the retention period, in each case not exceeding three (3) years, as provided above.

Ariz. R. Sup. Ct. 71

Added June 9, 2003, effective 12/1/2003. Amended Sept. 16, 2008, effective 1/1/2009; 6/30/2010, effective 1/1/2011; 9/2/2010, effective 1/1/2011; 8/30/2012, effective 1/1/2013.

HISTORICAL NOTES

Source:

ABA Standard 3.12.1 (Aug. 1982).

Former Rule 60.

Former Rule 71, which related to reinstatement, was amended April 2, 1986, effective June 1, 1986, amended and effective Nov. 19, 1990 on an emergency basis; amendment adopted in final form July 8, 1991, amended Dec. 12, 1991, effective Jan. 1, 1992; Jan. 30, 1995, effective June 1, 1995, amended April 27, 1998, effective July 1, 1998, and was abrogated by order dated June 9, 2003, effective Dec. 1, 2003.