The proposed bill would significantly update current statutes regarding compensation for individuals wrongfully convicted of felonies. Under new provisions, claimants would be permitted to file actions in superior court for compensation if they meet specific criteria, such as being pardoned based on innocence or having their conviction reversed. The bill outlines the claim filing process, including requirements for serving the Attorney General and establishes the burden of proof on the Attorney General to demonstrate that the claimant is not entitled to compensation. Compensation would be structured as a lump sum based on 200% of the median household income in Arizona for each year of incarceration, along with reasonable attorney fees.
Additionally, the bill introduces comprehensive measures for the expungement of records related to erroneous convictions. It mandates that the clerk of the court seal all records associated with the expunged conviction, with access limited to the claimant or their attorney. The Department of Public Safety (DPS) is required to expunge and destroy biological samples and ensure that expunged records are sealed and separated from other records. The bill also prohibits arresting and prosecuting agencies from making these records public, except to the claimant or their attorney, and allows claimants to assert that they have never been arrested or convicted of the expunged offense. Overall, these updates aim to provide legal protections and support for individuals wrongfully convicted, recognizing the significant harm caused by such injustices.