State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2311: incorrect arrest; record clearance

PRIME SPONSOR: Representative Chávez, LD 29

BILL STATUS: Judiciary

                               

 

Overview

Requires the court to order the destruction of criminal records related to an incorrect arrest on the basis of identity theft or mistaken identification.☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

History

A person wrongfully arrested, indicted, or charged for any crime may petition the superior court for entry on all related court, police, and agency records of a notation that the person has been cleared of all charges (A.R.S. § 13-4051 (A)).

After a hearing on the petition, if the judge believes that justice will be served, the judge must issue an order requiring entry of the notation and prohibiting all law enforcement agencies and courts from releasing the records to any person except on court order (A.R.S. § 13-4051 (B)).

This process does not destroy any records.

 

Provisions

1.       Requires the court, upon determination by a law enforcement agency, prosecutor, or the court that a person was incorrectly arrested on the basis of identity theft or mistaken identity and is factually innocent, to order the destruction of any criminal records related to the arrest or charge.

2.       Permits a person whose criminal records related to an incorrect arrest are destroyed to deny under all circumstances that the arrest or charges ever occurred.

3.       Requires the court to direct all law enforcement agencies, the Department of Corrections, the Department of Public Safety, and the Motor Vehicle Division of the Department of Transportation to destroy the innocent person's criminal records related to the incorrect arrest or charge.

4.       Requires the agency or entity that destroys an innocent person's criminal records related to an incorrect arrest or charge to notify the person of the cleared records and that the person may deny that the arrest or charges occurred.

5.       Prohibits an agency or entity from charging the person the cost to destroy the criminal record.

6.       Defines mistaken identification as the erroneous arrest of a person as a result of misidentification, confusion, misinformation, or some other mistake by law enforcement or a witness.

7.       Defines clear as to destroy, delete, or erase a record.

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10.   ---------- DOCUMENT FOOTER ---------

11.   Fifty-fourth Legislature                       HB 2311

12.   First Regular Session                            Version 1: Judiciary

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14.   ---------- DOCUMENT FOOTER ---------