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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
criminal history; required disclosure; limitations
Purpose
Prohibits a state agency or employer with 15 or more employees from requiring the disclosure of a criminal conviction record (record) during the hiring process, unless required by federal law or certain conditions apply.
Background
The Director of the Arizona Department of Administration (ADOA) is required to contract with or assist other agencies of the state, local and federal governments in the furtherance of ADOA's purposes, objectives and programs (A.R.S. § 41-703). Governor Douglas A. Ducey issued an Executive Order on November 6, 2017, directing ADOA to establish hiring procedures to be used by all state agencies to ensure that during the initial stage of an application process, state job applications will not ask whether an applicant has a record and a record will not disqualify an applicant from receiving an interview (Executive Order 2017-07).
The Department of Public Safety (DPS) is responsible for the effective operation of the Central State Repository for the purposes of collecting, storing and disseminating complete and accurate Arizona criminal history records. In conjunction with this responsibility, DPS is also required to procure fingerprints from all criminal justice agencies in the state for the purposes of issuing fingerprint clearance cards (FPCC) (A.R.S. § 41-1750).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits, unless required by federal law, a state agency or an employer with 15 or more employees from inquiring about, considering or requiring the disclosure of the record of an applicant for employment during the hiring process, unless:
a) the inquiry about, consideration of or requirement of disclosure of the record takes place during or after an interview by the employer or, if there is no interview, until after the applicant has received a conditional offer of employment; and
b) the inquiry about, consideration of or requirement of disclosure of the record is for the seven years preceding the date the employer considers a certain criminal conviction would directly relate to the employment position.
2. Excludes, from record check prohibitions, employment positions:
a) that require a valid FPCC;
b) at a public airport;
c) that require an applicant to submit fingerprints to access state and federal criminal records information for noncriminal justice purposes; and
d) within a law enforcement, probation or prosecutor agency, an emergency medical services transport service or as a certified court officer or fire fighter.
3. Defines interview to mean any verbal interaction between an applicant and an employer or the employer's representative relating to the employment position or the duties of the position.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Removes the prohibition for a landlord to inquire about an applicant’s record.
2. Prohibits an employer with more than 15 employees, rather than all employers, from inquiring about, considering or requiring the disclosure of the record of an applicant for employment during the hiring process.
3. Extends, from five years to seven years, the preceding period of time for which an employer is permitted to inquire into, consider or require disclosure of an applicant's record.
4. Defines interview to mean any verbal interaction between an applicant and an employer relating to the employment position.
5. Excludes specified employment positions from record check prohibitions.
6. Makes technical and conforming changes.
Senate Action
COM 2/21/19 DP 5-3-0
Prepared by Senate Research
March 8, 2019
MG/gs