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AZ HB2491
Bill
Status
2/25/2021
Primary Sponsor
Cesar Chavez
Click for details
AI Summary
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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.
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Eliminates court filing fees for petitions seeking to clear wrongful arrest or charge records.
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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.
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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.
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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