Wake v. State

Summary

The Arizona Court of Appeals, Division One, accepted special action jurisdiction over John Adam Wake’s challenge to the dismissal of his petition to seal criminal records under A.R.S. § 13-911. The court held that the statute requires completion of all nonmonetary probation conditions, including community service, before a person may petition to seal criminal records. Because Wake had not completed the required community service, the court denied relief.

Holdings

1. The Court of Appeals may accept special action jurisdiction because Wake had no equally plain, speedy, and adequate remedy by appeal; the statutory appeal provision applies when the court denies the petition or eligibility to petition, whereas the superior court dismissed Wake's petition for insufficient information.
2. A person placed on probation must complete all nonmonetary terms and conditions of probation, including ordered community-service hours, before petitioning to seal criminal records under A.R.S. § 13-911(E).
3. Discharge from probation does not establish that all incomplete nonmonetary probation conditions were completed for purposes of A.R.S. § 13-911 eligibility.

Questions Presented

1. Whether the Court of Appeals should accept special action jurisdiction when the superior court dismissed, rather than denied, a petition to seal criminal records and an appeal therefore was not available under A.R.S. § 13-4033(A)(5).
2. Whether A.R.S. § 13-911 requires a person placed on probation to complete all nonmonetary probation conditions, including ordered community-service hours, before petitioning to seal criminal records.
3. Whether discharge from probation constitutes completion of incomplete community-service conditions for purposes of eligibility to petition under A.R.S. § 13-911.

Disposition

writ_denied