Assigned to JUD                                                                                                                     FOR COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

FACT SHEET FOR H.B. 2067

 

criminal conviction; set aside; applicability

Purpose

Allows the court to issue a certificate of second chance (certificate) to persons who have had a judgment of guilt set aside, as outlined.

Background

            When a judgment of guilt is set aside: 1) the Department of Public Safety (DPS) must update the person's criminal history with an annotation that the conviction has been set aside; and 2) the person's right to possess a firearm is restored if the required time has passed since the offense and that person was not convicted of a serious offense (A.R.S. § 13-905).                                                                                                                         

            Statute allows every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, to apply to the court to have a judgment of guilt set aside, unless that criminal offense: 1) is dangerous; 2) requires the defendant to register as a sex offender; 3) is committed for the purpose of the defendant's sexual gratification; 4) is a felony offense in which the victim is a minor under 15 years old; or 5) is in violation of statute prohibiting driving on a suspended, revoked or cancelled license, any local ordinance relating to stopping, standing or operation of a vehicle or statute on traffic and vehicle regulation, except those regarding reckless driving (A.R.S. § 13-905).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Allows the court to issue an order that includes a certificate to a person whose judgment of guilt is set aside.

2.   Requires DPS, after being notified by the court, to notate that a person has been issued a certificate.

3.   Requires an objection by the state or a victim to a set aside application to be filed within 30 days after the application is filed with the court.

4.   Allows the court to set a hearing if an objection to a set aside application is filed.

5.   Requires the victim to be notified whether a person is eligible for a certificate.

6.   Requires a court order granting a set aside to include a certificate if the person has not previously received a certificate and the person was:

a)   convicted of a misdemeanor;

b)   convicted of a class 4, 5 or 6 felony and at least two years have elapsed since the person fulfilled the conditions of probation or sentence; or

c)   convicted of a class 2 or 3 felony and at least five years have elapsed since the person fulfilled the conditions of probation or sentence.

7.   Requires the certificate, unless specifically excluded by statute, to release the person from all barriers and disabilities in obtaining an occupational license that resulted from the conviction if the person is otherwise qualified.

8.   Requires a certificate to provide an employer of the person with a certificate with liability protections, as outlined.

9.   Requires a certificate to provide another person or an entity that provides housing to the person with all of the protections limiting the introduction of evidence that are provided to an employer in a negligent hiring action, as outlined.

10.  Provides that a certificate is not a recommendation or sponsorship for or a promotion of the person who possesses the certificate when applying for an occupational license, employment or housing.

11.  Allows a person, if the court does not issue a certificate when the person's conviction is set aside, to apply to the court for a certificate after meeting the statutory time requirements.

12.  Requires a prosecutor to provide a victim who has made a request for postconviction notice when the person applies for a certificate.

13.  Makes conforming changes.

14.  Becomes effective on the general effective date.

House Action

CJR                 2/17/21      DP       9-0-0-0

3rd Read          3/1/21                    52-0-8

 

Prepared by Senate Research

March 9, 2021

JA/gs