ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: RA DP 7-0-0-0

HB 2429: occupational licenses; convictions

Sponsor: Representative Wilmeth, LD 2

House Engrossed

Overview

Expands the exemption related to criminal histories for which state agencies may not deny an occupational license. Requires the Department of Public Safety (DPS) to issue a fingerprint clearance card for individuals convicted of specified crimes if their convictions have been set aside or their records have been sealed.

History

Statute requires state agencies to limit occupational regulations to those that are demonstrated to be necessary to specifically fulfill a concern for public health, safety or welfare (A.R.S. § 41-1093.01). State law also prohibits agencies from denying a regular or provisional occupational license to someone who is otherwise qualified but who has been convicted of a drug offense. Occupational licenses include permits, certificates, approvals, registrations, charters or any similar form of permission that allows an individual to use an occupational title or perform work in a lawful occupation (A.R.S. § 41-1093.06).

Arizona statutes require a fingerprint clearance card for several types of professional licenses, certifications and state jobs. Statute establishes two separate lists of crimes, appealable and unappealable, for which DPS must deny a fingerprint clearance card. If a person has been convicted of an offense on the appealable list, the person can appeal to the Board of Fingerprinting for a good cause exception.

Provisions

1. Prohibits state agencies from denying a regular or provisional occupational license to an individual convicted of a misdemeanor or felony offense, except if the person was convicted of one of the following:

a) a dangerous crime against children;

b) a serious offense; or

c) a violent or aggravated felony. (Sec. 1)

2. Requires DPS to issue a fingerprint clearance card if all of the following apply:

a) the person is applying for a fingerprint clearance card to obtain a license under Title 32;

b) the person’s criminal history record does not include any unappealable offenses; and

c) the person’s criminal history record contains an appealable offense and the conviction has been set aside or the record has been sealed. (Sec. 2)

3. Makes conforming changes. (Sec. 1)

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7. HB 2429

8. Initials DC Page 0 House Engrossed

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