Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1036
setting aside conviction; certificate eligibility
Purpose
Specifies that persons who have been convicted of a felony are only eligible to receive one
certificate of second chance on the set aside of the conviction.
Background
A person convicted of a criminal offense may apply to the court to have their judgement of
guilt set aside on fulfillment of the conditions of probation or sentence and discharge by the court.
The court is required to consider certain factors when considering whether to set aside a conviction.
The person convicted is required to be informed of this right at the time of sentencing and, if a
judgement of guilt is set aside, the court may issue an order that includes a certificate of second
chance. With certain exceptions, a certificate of second chance releases a person from all barriers
and disabilities in obtaining an occupational license that resulted from the conviction, and provides
employers and housing providers with protections against liability for hiring or contracting with
an ex-offender (A.R.S. § 13-905).
An employer is not liable for hiring an employee or contracting with an independent
contractor who has previously been convicted of a criminal offense. The fact that the employee or
independent contractor was previously convicted of a criminal offense before the employment or
contractual obligation began may not be introduced into evidence in a negligent hiring action filed
against an employer, unless the employer knew of the conviction or was grossly negligent in not
knowing of the conviction and the conviction was directly related to the nature of the employee's
or contractor's work and the conduct gave rise to the alleged injury (A.R.S. § 12-558.03).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Specifies that, if a person has previously received a certificate of second chance on the set aside
of a felony conviction, the person is ineligible for another certificate of second chance on a
different felony conviction.
2. Specifies that a felony conviction includes multiple felony convictions resulting from the same
act or course of conduct.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
January
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