ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: CJR DP 8-0-0-1

HB 2491: 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. Then, a copy of the order must be delivered to all law enforcement agencies and courts. The order restricts law enforcement agencies and courts from releasing copies or providing access to such records except on order of the court. Any person who has notice of the order and fails to comply is liable to the person for damages (A.R.S. § 13-4051).

Provisions

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

5. Allows the person to deny that the arrest, indictment or charge ever occurred. (Sec. 1)

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

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10. HB 2491

11. Initials LC Page 0 Caucus & COW

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