ARIZONA
HOUSE OF REPRESENTATIVES
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HB 2311: incorrect arrest; record clearance S/E: record clearance; incorrect arrest |
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PRIME SPONSOR: Representative Chávez, LD 29 BILL STATUS: Caucus & COW |
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Summary of the Strike-Everything Amendment to HB 2311
Overview
Permits a person subject to wrongful
arrest, indictment, or charge to petition for a notation on related records and
to, upon court order, deny that the arrest, indictment, or charge ever
occurred.
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 a law enforcement officer, party, or court with grounds to believe a person might have been wrongfully arrested, indicted, or charged for a crime to notify the person of the right to file a petition seeking notation on any related court, police, or other agency records that the person has been cleared.
2. Permits the court, upon finding that it is in the interest of justice, to issue an order requiring entry of a notation on the records indicated by the petitioner.
3. Permits a successful petitioner to deny that the arrest, indictment, or charge ever occurred.
4. Prohibits the clerk from charging a fee to file the clearance petition.
5. Makes technical and conforming changes.
6.
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8. ---------- DOCUMENT FOOTER ---------
9. Fifty-fourth Legislature HB 2311
10. First Regular Session Version 2: Caucus & COW
11.
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