HB 2491 — wrongful arrest; record clearance

HB2491 - 551R - SH Ver       Senate Engrossed House BillEngrossed   wrongful arrest;

record clearance           State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session       HOUSE BILL 2491       AN ACT   amending section 13-4051, Arizona Revised Statutes;

If a law enforcement agencyofficer or a party in a criminal case determines that a person has been wrongfully arrested or charged with a crime, the law enforcement agencyofficer or a party in a criminal case shall 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 pursuant to this section.

The law enforcement agency shall 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.

NOTIFICATION is deemed complete on depositing the written notice in the United States mail.

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 right to file a petition in the superior court in the county where the arrest occurred pursuant to this section.

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 be included in the order.

D.C.

D.

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.

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.

G.F.