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AZ HB2491

Bill

Status

Engrossed

2/25/2021

Primary Sponsor

Cesar Chavez

Click for details

Origin

House of Representatives

Fifty-fifth Legislature - First Regular Session (2021)

AI Summary

  • Requires law enforcement agencies to notify persons who were wrongfully arrested or charged with a crime of their right to file a petition for record clearance in superior court, with notification by written mail.

  • Eliminates court filing fees for petitions seeking to clear wrongful arrest or charge records.

  • Allows attorneys or prosecutors to either notify wrongfully arrested/charged persons of their petition rights or directly petition the court to enter a clearance notation on all court, police, and agency records related to the arrest or charge.

  • Requires courts to issue clearance orders if it serves the interests of justice, and mandates that all applicable law enforcement, prosecuting, and court agencies receive copies of the order and restrict access to those records.

  • Permits persons with cleared records to deny the arrest or charge ever occurred, and establishes civil liability for entities that knowingly violate the court's clearance order.

Legislative Description

Wrongful arrest; record clearance

Criminal Records

Last Action

Senate Committee of the Whole action: Do Pass Amended

5/26/2021

Committee Referrals

Rules3/2/2021
Judiciary2/25/2021
Rules2/1/2021
Criminal Justice Reform1/28/2021

Full Bill Text

No bill text available