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REFERENCE TITLE: wrongful arrest; record clearance |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2491 |
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Introduced by Representatives Chávez: Cook, Hernandez A, Lieberman, Meza, Terán, Senator Engel
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AN ACT
amending section 13‑4051, Arizona Revised Statutes; relating to criminal records.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-4051, Arizona Revised Statutes, is amended to read:
13-4051. Entry on records; stipulation; court order
A. If a law enforcement officer, party in a criminal case or court has grounds to believe a person might have been wrongfully arrested, indicted or otherwise charged for a crime, the law enforcement officer, party in a criminal case or court shall notify the person of the right to file a petition pursuant to this section. The clerk of the court shall not impose a fee for filing the petition.
A. b. Any person who is wrongfully arrested, indicted or otherwise charged for any a crime may petition the superior court for entry on all court records, police records and any other records of any other agency relating to such THE arrest, or indictment OR CHARGE a notation that the person has been cleared. The petition shall identify the records that the petitioner is requesting be included in the order.
B. C. After a hearing on the petition, if the judge believes COURT FINDS that IT IS IN THE INTEREST OF justice will be served by such entry, the judge COURT shall issue the AN order requiring the AN entry that on the person has been cleared on such records, with accompanying justification therefor, and shall cause. A copy of such the order to be delivered shall be transmitted to all applicable law enforcement, prosecuting and other agencies and courts. The order shall further require that all law enforcement agencies and courts shall not release copies of or provide access to such the records to not be released to or accessed by any person except on order of the court.
D. The person may deny that the arrest, indictment or charge ever occurred.
C. E. Any person who has notice of such the order issued pursuant to this section and who fails to comply with the court order issued pursuant to this section shall be is liable to the person for damages from such the failure to comply.