ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
wrongful arrest; record clearance
Purpose
Requires a law enforcement agency 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 agency 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.
2. Requires a law enforcement agency to notify the person by sending a written notice to the person at the address that the law enforcement agency has on file for the person.
3. Deems notification is complete upon deposit of the written notice in United States mail.
4. Prohibits the clerk of the court to impose a filing fee for the petition.
5. Requires an attorney for a person, or a prosecutor if the person is not represented by an attorney, who determines that the person was wrongfully arrested or charged with a crime to either:
a) notify the person who was arrested or charged of the right to file a petition in the superior court in the county where the arrest occurred; or
b) 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.
6. 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.
7. 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.
8. Allows a person to deny an arrest or charge has occurred.
9. Makes technical and conforming changes.
10. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Requires a law enforcement agency, rather than a law enforcement officer or a party in a criminal case, to notify a person who has been wrongfully arrested or charged of the right to file a petition.
2. Requires a law enforcement agency to notify a person of the right to petition by sending a written notice to the address on file for that person.
3. Deems notification of the right to petition is complete upon deposit of the written notice in United States mail.
4. Requires an attorney for a person, or a prosecutor if the person is not represented by an attorney, who determines that the person has been wrongfully arrested or charge with a crime to either:
a) notify the person of the right to file a petition in the superior court; or
b) petition the superior court to enter a notation that the person has been cleared on all applicable records.
5. Requires the petition filed by the attorney or prosecutor to identify all records that the petitioner is requesting be included in the order.
House Action Senate Action
CJR 2/10/21 DP 8-0-0-1 JUD 3/25/21 DP 8-0-0
3rd Read 2/24/21 57-1-2
Prepared by Senate Research
May 26, 2021
JA/ZD/gs