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REFERENCE TITLE: wrongful arrest; record clearance |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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SB 1326 |
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Introduced by Senators Miranda, Contreras, Meza, Ward; Representative Cardenas: Senators Dalessandro, Farley, Farnsworth D, Lesko, Pierce; Representatives Espinoza, Mendez, Rios, Saldate, Steele
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AN ACT
amending title 13, chapter 38, article 19, Arizona Revised Statutes, by adding section 13‑4052; relating to clearance of arrest records.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 38, article 19, Arizona Revised Statutes, is amended by adding section 13-4052, to read:
13-4052. Clearance of arrest record for wrongful and incorrect arrest; notification
A. If a law enforcement agency determines that a person was wrongfully and incorrectly arrested and is factually innocent of the offense that was the basis of the arrest, the agency shall immediately seal the person's arrest record. The agency may not release or provide access to the arrest record and must retract any information that the law enforcement agency disseminated or reported to any person or entity about the arrest.
B. The law enforcement agency shall notify the person of the sealed arrest record. The notice must include a statement that the person was wrongfully and incorrectly arrested and that the person may deny that the arrest ever occurred.
C. A person whose arrest record is sealed pursuant to this section may deny that the arrest ever occurred under all circumstances, including when applying for a license issued in this state, a law enforcement or a school‑related job, a concealed weapons permit issued in this state or state bar membership or when running for a public office in this state or purchasing a firearm.