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REFERENCE TITLE: wrongful arrest; record clearance |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2387 |
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Introduced by Representatives Hernandez M: Aguilar, Contreras L, Travers
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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 agency determines that a person has been wrongfully arrested or charged with a crime, the law enforcement agency shall send written notice to the person who was arrested or charged of the person's right to file a petition in the superior court in the county where the arrest or charge occurred. The notice shall be sent to the person's mailing address on file with the law enforcement agency. NOTIFICATION is deemed complete on depositing the written notice in the United States mail.
B. The clerk of the court shall not impose a fee for filing the petition.
C. An attorney who represents a person, or a prosecutor if the person is not represented by an attorney, and who determines that the person was wrongfully arrested or charged with a crime shall do either of the following:
1. Notify the person who was arrested or charged of the person's right to file a petition in the superior court in the county where the arrest or charge occurred.
2. petition the superior court to enter on all court records, police records and any other applicable records of any other agency relating to the arrest or charge a notation that the person has been cleared. The petition shall identify the records that the petitioner is requesting to be included in the order.
A. D. Any person who is wrongfully arrested, indicted or otherwise charged for any with a crime may petition the superior court for entry on all court records, police records and any other applicable records of any other agency relating to such THE arrest or indictment 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. E. 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 court, police and other applicable 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.
F. The person may deny that the arrest or charge ever occurred.
C. G. 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.