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ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

FACT SHEET FOR H.B. 2491

 

wrongful arrest; record clearance

Purpose

            Requires a law enforcement officer or a party in a criminal case that determines that a person has been wrongfully arrested or charged with a crime to notify the person who was arrested or charged of the right to file a petition in superior court.

Background

            Statute allows a person who is wrongfully arrested, indicted or otherwise charged with a crime to petition the superior court for entry of a notation that the person has been cleared on all court records, police records and any other record of any other agency relating to the arrest or indictment. After a hearing on the petition, if the judge believes that justice will be served by the entry that the person has been cleared, the judge must issue an order requiring that the person has been cleared on such records, with accompanying justification. A copy of the order is delivered to all law enforcement agencies and courts. Statute imposes liability on any person who has notice of an order that the person has been cleared and who fails to comply with the order (A.R.S.
§ 13-4051).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires a law enforcement officer or a party in a criminal case, if either determines that a person has been wrongfully arrested or charged with a crime, to notify the person who was arrested or charged of the right to file a petition in superior court.

2.   Prohibits the clerk of the court to impose a filing fee for the petition.

3.   Requires a petition by a person claiming wrongful arrest or charge to identify the records that the petitioner is requesting to be included in the order.

4.   Specifies that after a hearing on the petition an entry is made on the court, police and other applicable records, if the court finds it is in the interest of justice.

5.   Allows a person to deny an arrest or charge has occurred.

6.   Makes technical and conforming changes.

7.   Becomes effective on the general effective date.

House Action

CJR                 2/10/21      DP     8-0-0-1

3rd Read          2/24/21                 57-1-2

Prepared by Senate Research

March 23, 2021

JA/kja