REFERENCE TITLE: incorrect arrest; record clearance

 

 

 

 

State of Arizona

Senate

Fifty-third Legislature

Second Regular Session

2018

 

 

SB 1180

 

Introduced by

Senators Miranda: Bowie, Bradley, Cajero Bedford, Contreras, Dalessandro, Mendez, Meza, Otondo, Peshlakai, Quezada; Representative Chávez

 

 

AN ACT

 

amending title 13, chapter 38, article 19, Arizona Revised Statutes, by adding section 13-4052; relating to criminal records.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 13, chapter 38, article 19, Arizona Revised Statutes, is amended by adding section 13-4052, to read:

START_STATUTE13-4052.  Clearance of criminal record after incorrect arrest; notification; order; definitions

A.  If a law enforcement agency, prosecutor or court determines that a person was incorrectly arrested and is factually innocent of the offense that was the basis of the arrest either because of identity theft or a mistaken identification, the court shall order the person's criminal record that was created as a result of the arrest or charges to be cleared.  If a law enforcement agency or prosecutor makes the determination, the agency or prosecutor shall notify the person and request that the court issue an order clearing the person's criminal record relating to the arrest or charge. 

B.  The court's order shall direct all law enforcement agencies in this state, the state department of corrections, the department of public safety, the motor vehicle division in the department of transportation and any other state or local entity to clear the person's criminal record.  The cost to clear a criminal record by an agency or entity pursuant to this section may not be charged to the incorrectly arrested person. 

C.  The agency or entity that clears the criminal record shall notify the person of the cleared record.  The notice must include a statement that the person was incorrectly arrested and that the person may deny that the arrest or charges ever occurred.  A person whose criminal record is cleared pursuant to this section may deny under all circumstances that the arrest or charges ever occurred.

D.  For the purposes of this section:

1.  "Clear" means to destroy, delete or erase a record, as appropriate for the record's physical or electronic form or characteristic, so that the record is PERMANENTLY irretrievable.

2.  "Mistaken identification" means the erroneous arrest of a person as a result of any of the following:

(a)  MISIDENTIFICATION by law ENFORCEMENT or a witness.

(b)  Confusion by law enforcement or a witness as to the identity of the person who committed the crime.

(c)  Misinformation that was provided to law enforcement as to the identity of the person who committed the crime.

(d)  Some other mistake by law enforcement or a witness as to the identity of the person who committed the crime. END_STATUTE