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AZ HB2387
Bill
Status
1/25/2023
Primary Sponsor
Melody Hernandez
Click for details
AI Summary
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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.
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Eliminates filing fees for petitions seeking to clear wrongful arrest or charge records from court, police, and other agency 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 applicable records.
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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.
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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