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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
setting aside conviction; certificate eligibility
Purpose
Specifies that persons who have been convicted of a felony are only eligible to receive one certificate of second chance on the set aside of the conviction.
Background
A person convicted of a criminal offense may apply to the court to have their judgement of guilt set aside on fulfillment of the conditions of probation or sentence and discharge by the court. The court is required to consider certain factors when considering whether to set aside a conviction. The person convicted is required to be informed of this right at the time of sentencing and, if a judgement of guilt is set aside, the court may issue an order that includes a certificate of second chance. With certain exceptions, a certificate of second chance releases a person from all barriers and disabilities in obtaining an occupational license that resulted from the conviction, and provides employers and housing providers with protections against liability for hiring or contracting with an ex-offender (A.R.S. § 13-905).
An employer is not liable for hiring an employee or contracting with an independent contractor who has previously been convicted of a criminal offense. The fact that the employee or independent contractor was previously convicted of a criminal offense before the employment or contractual obligation began may not be introduced into evidence in a negligent hiring action filed against an employer, unless the employer knew of the conviction or was grossly negligent in not knowing of the conviction and the conviction was directly related to the nature of the employee's or contractor's work and the conduct gave rise to the alleged injury (A.R.S. § 12-558.03).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Specifies that, if a person has previously received a certificate of second chance on the set aside of a felony conviction, the person is ineligible for another certificate of second chance on a different felony conviction.
2. Specifies that a felony conviction includes multiple felony convictions resulting from the same act or course of conduct.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
January
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