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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
occupational regulation; good character; definition
Purpose
Modifies the criteria and process for an agency to determine whether a person's criminal record disqualifies the person for a license, permit, certificate or other state recognition (license). Prohibits an agency from negatively considering certain information and requires an agency to rescind a determination if the person is convicted of an additional offense as prescribed. Defines moral turpitude.
Background
A person with a criminal record may petition an agency for a determination of whether the person's criminal record disqualifies the person from obtaining a license. An agency must issue a determination within 90 days that includes findings of fact and conclusions of law and may disqualify the person only if the agency concludes that the state has an important interest in protecting public safety that is superior to the person's right and: 1) the person was convicted within the previous seven years of a felony offense, a violent crime, or, if the license is for an occupation in which the applicant would owe a fiduciary duty to a client, specified offenses related to forgery or fraud; or 2) if the person was convicted at any time of a dangerous offense, a serious offense, a dangerous crime against children, a sexual offense, a sexual exploitation of children offense or an offense that a law specifically requires the agency to consider when issuing a license. The limitations on an agency's authority to disqualify a person from obtaining a license do not apply to specified entities.
To
conclude that the state has an important interest in protecting public safety
that is superior to the person's right, the agency must determine by clear and
convincing evidence at the time of the petition that: 1) the specific offense
is substantially related to the state's interest; and
2) the person is more likely to reoffend by virtue of having the license than
if the person did not have the license based on the nature of the specific
offense and the person's current circumstances. The agency must rescind a
determination before issuing a license if the person is convicted of an
additional offense such as the person was convicted within the previous seven
years of a felony offense, a violent crime, or, if the license is for an
occupation in which the applicant would owe a fiduciary duty to a client,
specified offenses related to forgery or fraud (A.R.S.
§ 41-1093.04).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
a) requiring that the specific offense specifically and directly relate to the duties and responsibilities of the occupation, except for offenses involving moral turpitude; and
b) specifying that the current circumstances that the agency must consider in considering includes the person's likelihood of reoffense, the passage of time since the person committed the crime and any evidence of rehabilitation or treatment.
2. Prohibits an agency determining if a person's criminal record disqualifies the person from obtaining a license from negatively considering:
a) nonconviction information, including information related to a deferred adjudication, participation in a diversion program or an arrest not followed by a conviction;
b) a conviction that is sealed, dismissed, expunged or pardoned;
c) a juvenile adjudication; or
d) a nonviolent misdemeanor.
3. Requires an agency to rescind the determination before issuing a license if the person is convicted of an additional offense that:
a) a law specifically requires the agency to consider when issuing a license and the conviction has not been set aside; or
4. Requires an agency to include, in the determination on a petition, the grounds and reasons for the determination if the person's criminal history disqualifies the person.
5. Allows a person petitioning an agency for a determination to include an authorization for the agency to obtain the person's criminal history record as an alternative to including the person's complete criminal history record.
6. Includes, in the actions an agency may advise that a person may take to remedy a disqualification, the earliest date the person may submit a new petition to the agency, rather than that a person may submit a new petition at any time within two years after the final determination of the initial petition.
7. Requires the earliest date the person may submit a new petition to be no later than two years after the final determination of the initial petition.
8. Requires an agency to adopt forms for a person to petition for a determination of whether the person's criminal record disqualifies the person from a license.
9. Excludes the following from the requirement that an agency must issue a determination within 90 days that includes outlined information:
a) a law enforcement agency;
b) the Arizona Peace Officer Standards and Training Board;
c) any private investigator, security guard or education certification, license or permit;
d) any criteria for a license, permit or certificate eligibility established by an interstate compact; or
e) any license, permit or certificate that requires a fingerprint clearance card
10. Defines moral turpitude, for the purposes of Arizona statutes and laws, as an offense, whether a misdemeanor or felony, that is related to extortion, burglary, larceny, bribery, embezzlement, robbery, racketeering, money laundering, forgery, fraud, murder, voluntary manslaughter or a sexual offense that requires the individual to register as a sex offender.
11. Directs the Legislative Council Staff to prepare proposed conforming legislation for consideration in the Fifty-Fifth Legislature, Second Regular Session.
12. Makes technical and conforming changes.
13. Becomes effective on the general effective date.
House Action
COM 2/16/21 DPA 6-3-0-1
3rd Read 3/4/21 59-0-1
Prepared by Senate Research
March 22, 2021
LB/MC/kja