The Arizona Revised Statutes have been updated to include the revised sections from the 55th Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 56th Legislature, 1st Regular Session, which convenes in January 2023.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
32-2609 - Good cause exceptions for misdemeanor and felony offenses
32-2609. Good cause exceptions for misdemeanor and felony offenses
A. If a person shows at a hearing to the board's satisfaction that the person is not awaiting trial on or has not been convicted of committing any of the offenses listed in section 41-1758.03, subsection B, the board may grant a good cause exception for the following:
1. A misdemeanor offense if the person completed all terms of sentencing.
2. A felony offense if ten of more years have passed since the person completed all terms of sentencing.
B. Before granting a good cause exception at a hearing the board shall consider all of the following in accordance with board rule:
1. The extent of the person's criminal record.
2. The length of time that has elapsed since the offense was committed.
3. The nature of the offense.
4. Evidence supporting any applicable mitigating circumstances.
5. Evidence supporting the degree to which the person participated in the offense.
6. Evidence supporting the extent of the person's rehabilitation, including:
(a) Completion of probation, parole or community supervision.
(b) Whether the person paid restitution or other compensation for the offense.
(c) Evidence of positive action to change criminal behavior, such as completion of a drug treatment program or counseling.
(d) Personal references attesting to the person's rehabilitation.
C. If seeking a good cause exception, at least five days before the hearing the applicant shall submit to the department any evidence the applicant will be presenting at the hearing.