ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: JUD DPA 10-0-0-0

HB 2708: wrongful arrest; record clearance

Sponsor: Representative Chávez, LD 29

Caucus & COW

Overview

Outlines procedures for overturning wrongful convictions, indictments and arrests.

History

Any person who is wrongfully arrested, indicted or otherwise charged for a crime, may petition the superior court for entry on all court, police and other records that the person has been cleared. After a hearing on the petition, if the judge believes that justice will be served by such entry, the judge must issue the order requiring the entry that the person's record has been cleared and a copy of the order must be delivered to all law enforcement agencies and courts. The order requires all law enforcement agencies and courts not to release copies or provide access to such records except on order of the court. Any person who has notice of the order and fails to comply will be liable to the person for damages (A.R.S. § 13-4051).

Provisions

1. Asserts if a law enforcement officer, party in a criminal case, or a court finds grounds to believe a person might have been wrongfully arrested, indicted or otherwise charged for a crime, the person must be notified of the right to file a petition. (Sec. 1)

2. Prohibits the clerk of the court from imposing a fee for filing a petition. (Sec. 1)

3. Adds that the petition filed with the superior court must identify the records the petitioner is requesting be included in the order. (Sec. 1)

4. States after a hearing on the petition, the court must issue an order requiring an entry on the records with an explanation of the findings.

5. Requires a copy of the order be transmitted to all applicable law enforcement, prosecuting, courts and other agencies. (Sec. 1)

6. Contains technical and conforming changes. (Sec. 1)

Amendment

1. Removes the requirement from the courts to notify a person who may have been wrongfully arrested or charged with a crime.

2. States if a law enforcement officer or a party in a criminal case determines a person has been wrongfully arrested or charged with a crime, the law enforcement officer or party in a criminal case must notify the person who was arrested or charged of the right to file a petition in the superior court in the county where the arrest occurred.

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6. Initials LC/SF Caucus & COW

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