Compliance Update: Arizona Criminal Convictions-Judgement of Guilt Set Aside

On April 1, 2021, the Governor of Arizona, Doug Ducey, approved House Bill No. 2067. It is an Act amending Section 13-905 of the Arizona Revised Statutes and relates to Criminal Convictions. The effective date is August 27, 2021. The Bill is amended to read: Setting aside judgment of convicted person on discharge; application; release from disabilities; firearm possession; exceptions The amended rules states, “Every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the court to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of sentencing”. Additionally, the court may issue an order that includes a certificate of second chance to a person whose judgment of guilt is set aside according to the following: If the court grants the application to set aside the judgment of guilt, the court’s order must include a certificate of second chance if the person has not previously received a certificate of second chance and the person was convicted of a misdemeanor. If a person was convicted of a class 4, 5 or 6 felony, and at least two years have elapsed since the person fulfilled the conditions of probation or sentence, or, if the person was convicted of a class 2 or 3 felony, and at least five years have elapsed since the person fulfilled the conditions of probation or sentence, the certificate of second chance:

• releases (unless specifically excluded) the person from all barriers and disabilities in obtaining an occupational license that resulted from the conviction if the person is otherwise qualified
• provides an employer of the person with all of the protections that are provided according to the state’s statutes on limited liability from claims of negligent hiring due to past criminal convictions
• provides a person or an entity that provides housing to the person with all of the protections limiting the introduction of evidence that are provided to an employer
• is not a recommendation or sponsorship for or a promotion of the person who possesses the certificate of second chance when applying for an occupational license, employment, or housing

If the court does not issue an order that includes a certificate of second chance when the person’s conviction is set aside, the person may apply to the court for a certificate of second chance after meeting the requirements above, relating to misdemeanor and felony convictions.    If the state or the victim objects to an application to have a judgment of guilt set aside, an objection to the application must be filed within thirty days after the application is filed with the court. If an objection is filed, the court may set a hearing. The clerk of the court must notify the department of public safety if a conviction is set aside. The department of public safety must update the person’s criminal history with an annotation that the conviction has been set aside, and if applicable, a certificate of second chance has been issued. The department of public safety may not redact or remove any part of the person’s record. The full text of Arizona House  Bill No. 2067 can be found here: Arizona HB No. 2067. The Information contained herein is for informational purposes only. Sterling is not a law firm, and none of the information contained in this notice is intended as legal advice. Clients are encouraged to consult with their legal counsel about the impacts of any requirements. This and other important legislative updates can be found on the Sterling website: https://www.sterlingcheck.com/resources/compliance-updates/. Sterling is not a law firm. This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.