REFERENCE TITLE: hiring practices; criminal history; limitation




State of Arizona

House of Representatives

Fifty-first Legislature

Second Regular Session




HB 2131


Introduced by

Representatives Quezada, Contreras, Dalessandro, Larkin, Mendez, Sherwood, Senator Gallardo





amending Title 23, chapter 2, article 1, Arizona Revised Statutes, by adding section 23-205; relating to employment practices.





Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 23, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 23-205, to read:

START_STATUTE23-205.  Hiring practices; discrimination; criminal history

A.  An employer may not inquire, consider or require disclosure of the criminal conviction record of an applicant for employment during the hiring process unless all of the following conditions are met:

1.  The inquiry, consideration or requiring of disclosure of the criminal conviction record takes place only after the applicant has received a conditional offer of employment from the employer.

2.  The employer shall only inquire, consider or require the disclosure of the applicant's criminal conviction record for the period of the ten most recent consecutive years preceding the date the conditional offer of employment is made to the applicant.

3.  The criminal conviction record must have a direct relationship to the employment position.

B.  Subsection a of this section does not apply to employment positions that require a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. END_STATUTE