AZ HB2160

Law enforcement agencies must send written notice to persons who have been wrongfully arrested or charged, informing them of their right to petition the superior court for record clearance in the county where the arrest occurred.

Court clerks shall not charge a filing fee for petitions to clear wrongful arrest or charge records.

Attorneys or prosecutors (if person is unrepresented) who determine a person was wrongfully arrested or charged must either notify the person of their petition rights or petition the court to enter a clearance notation on all relevant records.

Courts may issue orders requiring clearance notations on court records, police records, and other agency records if it serves the interests of justice, and must transmit copies of such orders to all applicable law enforcement, prosecuting, and other agencies.

Persons with cleared records may deny the arrest or charge ever occurred, and any person who violates a clearance order is liable for damages to the affected person.