The proposed bill would significantly update current statutes regarding compensation and expungement for individuals wrongfully convicted of felonies. Under new provisions, claimants would be permitted to file actions against the state for compensation if they have been pardoned based on innocence or had their convictions reversed. The bill outlines specific procedures for filing claims, including timelines and requirements for evidentiary hearings, and mandates that compensation be awarded based on Arizona's median household income, covering reasonable attorney fees and related expenses. Additionally, it would establish a structured process for expunging records associated with erroneous convictions, ensuring that all related arrests and convictions are sealed from public access, which current statutes do not provide.
Moreover, the bill would require courts to issue findings of fact and conclusions of law when addressing claims, and it specifies that any awarded compensation would not be considered gross income for tax purposes. The legislation also mandates that arresting and prosecuting agencies clearly identify erroneous convictions in their records and prohibits public access to these records, except for the claimant or their attorney. Overall, the bill aims to create a comprehensive framework for addressing injustices faced by wrongfully convicted individuals, facilitating their reintegration into society and providing necessary support.