AZ SB1471

Court shall order criminal records cleared if a person was incorrectly arrested and determined to be factually innocent due to identity theft or mistaken identification.

Law enforcement agencies, prosecutors, or courts can initiate the determination of incorrect arrest and request/order record clearance.

Court orders must direct all relevant state and local entities (law enforcement, corrections, DPS, motor vehicle division, etc.) to clear records at no cost to the person.

Person whose record is cleared may deny under all circumstances that the arrest or charges ever occurred, and must be notified of the cleared record.

"Clear" means to permanently destroy, delete, or erase records; "mistaken identification" includes misidentification by law enforcement or witnesses, confusion about identity, misinformation about the perpetrator's identity, or other identity mistakes.