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AZ HB2387

Bill

Status

Introduced

1/25/2023

Primary Sponsor

Melody Hernandez

Click for details

Origin

House of Representatives

Fifty-sixth Legislature - First Regular Session (2023)

AI Summary

  • Requires law enforcement agencies to notify persons wrongfully arrested or charged of their right to petition superior court for record clearance, with notice sent to the person's mailing address on file.

  • Eliminates filing fees for petitions seeking to clear wrongful arrest or charge records from court, police, and other agency 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 applicable records.

  • Directs courts to issue clearance orders if finding it is in the interest of justice, and requires transmission of orders to all law enforcement, prosecuting, and other agencies with restrictions on record access except by court order.

  • Permits persons with cleared records to deny the arrest or charge ever occurred, and establishes liability for damages against those who violate clearance orders.

Legislative Description

Wrongful arrest; record clearance

Criminal Records

Last Action

House read second time

1/26/2023

Committee Referrals

Rules1/25/2023
Judiciary1/25/2023

Full Bill Text

No bill text available