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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
occupational licenses; convictions
Purpose
Expands the list of otherwise qualified applicants that may not be denied a regular or provisional occupational license. Requires the fingerprinting division to issue a standard fingerprint clearance card to an applicant who has been convicted of specified offenses, if the conviction has been set aside or the record has been sealed.
Background
Agencies are prohibited from denying an application for a regular or provisional occupational license if an otherwise qualified applicant has been convicted of drug or drug paraphernalia offense. Occupational licenses include agency permits, certificates, approvals, registrations or charters or any similar form of permission that allows an individual to use an occupational title or work in a lawful occupation, trade or profession (A.R.S. § 41-1093.06).
Several professions in Arizona also require a person to obtain a standard
or level 1 fingerprint clearance card in order to work in that profession. On
receiving the state and federal criminal history record of person, the
fingerprinting division must compare the record with the list of criminal
offenses that preclude the person from receiving a fingerprint clearance card (A.R.S.
§ 41-1758.03). Of the several offenses that preclude a person from
obtaining a fingerprint clearance card, some are eligible for a good cause
exception review where the Board of Fingerprinting (Board) considers whether to
grant a person a fingerprint clearance card based on outlined criteria (A.R.S.
§ 41-619.55).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Expands the list of otherwise qualified applicants that may not be denied a regular or provisional occupational license to include persons convicted of a misdemeanor or felony offense, unless the offense:
a) was a dangerous offense, a dangerous crime against children, a serious offense or a violent or aggravated felony; or
b) involved forgery, credit card fraud, business and commercial fraud or fraudulent schemes and artifices or practices.
2. Requires the fingerprinting division to issue a standard fingerprint clearance card if:
a) the person is applying for a fingerprint clearance card for the purpose of professional and occupational licensure as specified;
b) the person's criminal history record does not contain any offenses that are ineligible for a good cause exception; and
c) the person's criminal history record contains an offense that is eligible for a good cause exception and the conviction has been set aside or the record has been sealed.
3. Makes conforming changes.
4. Becomes effective on the general effective date.
House Action
RA 2/8/23 DP 7-0-0-0
3rd Read 2/21/23 60-0-0
Prepared by Senate Research
March 28, 2023
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