ARS 13-4232: Preclusion of post-conviction relief
The complete text of A.R.S. § 13-4232 on preclusion of post-conviction relief, and how this section is used in Arizona criminal cases. It defines terms and procedure rather than creating an offense.
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What § 13-4232 Sets Out
A.R.S. § 13-4232 is the Arizona statute on preclusion of post-conviction relief. It sets out procedure and rules rather than defining an offense, so no offense class or sentence attaches to this section on its own.
A. A defendant is precluded from relief under this article based on any ground:
- Still raisable on direct appeal or on a post-trial motion.
- Finally adjudicated on the merits on appeal or in any previous collateral proceeding.
- That was waived at trial, on appeal or in any previous collateral proceeding.
Full Text of A.R.S. § 13-4232
A. A defendant is precluded from relief under this article based on any ground:
1. Still raisable on direct appeal or on a post-trial motion.
2. Finally adjudicated on the merits on appeal or in any previous collateral proceeding.
3. That was waived at trial, on appeal or in any previous collateral proceeding.
B. This section does not apply to claims for relief pursuant to section 13-4231, paragraph 4, 5, 6 or 7. If a claim under section 13-4231, paragraph 4, 5, 6 or 7 is to be raised in a successive or untimely petition, the notice shall set forth the substance of the claim and the reasons for not raising the claim in the previous petition or in a timely manner. If the notice does not state meritorious reasons substantiating the claim and why the claim was not stated in the previous petition or in a timely manner, the proceeding shall be summarily dismissed.
C. Except for summary dismissals pursuant to subsection B of this section, the state shall plead and prove any ground of preclusion by a preponderance of the evidence. Though the state has the burden to plead and prove grounds of preclusion, any court on review of the record may determine and hold that an issue is precluded regardless of the state’s failure to raise the preclusion issue.
Source: Arizona Revised Statutes § 13-4232, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Related Statutes in Chapter 38 — Miscellaneous
- A.R.S. § 13-4295.01 — Illegal entry from foreign nation
- A.R.S. § 13-4295.02 — Refusal to comply with order to return to a foreign nation
- A.R.S. § 13-4147 — Avoidance of command of writ
- A.R.S. § 13-4145 — Disobedience of command of writ
- A.R.S. § 13-4006 — Unlawful foreign law enforcement activity
- A.R.S. § 13-3981 — Compromise of misdemeanors and petty offenses
- A.R.S. § 13-3924 — Unlawful procurement of search warrant without probable cause
- A.R.S. § 13-3903 — Notice to appear and complaint
How § 13-4232 Affects an Arizona Case
§ 13-4232 usually matters because of how it interacts with the charge someone is actually facing. We read it alongside the charging statute, because a definition or a procedural rule frequently decides what the State must prove, what a judge may impose, or what relief is available afterward.
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Frequently Asked Questions
What is A.R.S. § 13-4232?
A.R.S. § 13-4232 is the Arizona statute on preclusion of post-conviction relief. It sets out rules that apply across Arizona criminal cases rather than defining a single offense.
Where can I read the official text of § 13-4232?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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