State v. Mohajerin
226 Ariz. 103
| Ariz. Ct. App. | 2010Background
- Mohajerin was charged with sexual assault and threatening or intimidating after a May 2006 report by his wife, A.; forensic evidence initially supported the allegations, but A. later recanted.
- Charges were dismissed without prejudice in November 2006 on the State’s motion.
- In March 2010 Mohajerin petitioned for entry of clearance under A.R.S. § 13-4051 on his records.
- At the § 13-4051 hearing, A. testified to mental illness and inconsistent statements; she acknowledged prior statements alleging assaults.
- The trial court denied relief, ruling that the arrest and charges were supported by probable cause and not unlawful under May 2006 circumstances.
- The Arizona Court of Appeals held that § 13-4051 permits relief beyond a narrow unlawful/arrest-at-the-time standard and that the trial court erred in applying Franco, but affirmed because Mohajerin could not establish a rightful basis for relief under any reasonable view of the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper standard for § 13-4051 relief (broader than unlawful arrest) | Mohajerin argues wrongful/illegal is not the sole trigger; broader wrongful includes injustices. | State relies on Franco, requiring unlawful or baseless arrest/charge. | Broader, justice-based standard applies; wrongful must be shown, not solely unlawful arrest. |
| Whether Mohajerin proved the arrest/charges were wrongful due to innocence | Arguments of actual innocence and false allegations show wrongful arrest/charge. | Probable cause at the time and credibility issues do not prove wrongful arrest/charge. | Record does not show factual innocence; court affirms denial without remand. |
Key Cases Cited
- State v. Franco, 153 Ariz. 424 (App. 1987) (relief not limited to unlawful acts; set framework for § 13-4051)
- Beasley v. Glenn, 110 Ariz. 438 (1984) (expungement context; records harm caution; relief is narrow)
- United States v. Leon, 468 U.S. 897 (1984) (exclusionary rule; misconduct not automatic wrongful arrest)
- State v. Olquin, 216 Ariz. 250 (App. 2007) (standard for reviewing § 13-4051 factual findings)
- State v. Mangum, 214 Ariz. 165 (App. 2007) (abuse of discretion when no substantial evidence)
- State v. Perez, 141 Ariz. 459 (1984) (affirming ruling when legally correct result)
- State v. Livingston, 206 Ariz. 145 (App. 2003) (improper motives do not alone render arrest wrongful)
- Beasley v. Glenn, 110 Ariz. 438 (1974) (expungement/remedial scope of § 13-4051)