SB 1367
Initials SJ/AC Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
Senate: FICO DP 7-0-0-0 | 3
rd
Read 24-4-2-0
House: GOV DP 8-1-0-0
SB 1367: occupational license; criminal record
Sponsor: Senator Bolick, LD 2
Caucus & COW
Overview
Modifies statute relating to a petition for review of criminal records for an occupational
license.
History
Current law allows a person with a criminal record to petition an agency, at any time, for a
determination of whether the person's criminal record disqualifies the person from obtaining
a license, permit, certificate or other state recognition. If a person was convicted seven years
prior to the date of a petition and their conviction has not been set aside, an agency may
determine the individual disqualified from obtaining a license, permit, certificate or other
state recognition (A.R.S. § 41-1093.04).
Provisions
1. Specifies that when making a determination regarding a person's petition, an agency may
determine disqualification from a license, permit or certificate if the person was convicted
within three years of the date of petition, rather than seven years. (Sec. 1)
2. Includes a conviction that has been sealed in exemptions to a state agency disqualifying
a person from obtaining a license, permit or certificate. (Sec. 1)
3. Prohibits an agency, when determining disqualification from a license, permit or
certificate, from considering negatively whether a person would qualify for a fingerprint
clearance card issued pursuant to statute without a good cause exception. (Sec. 1)
4. Requires, rather than allows an agency to advise a person of the actions they may take to
remedy a disqualification if an agency determines that the state's interest to protect
public safety is superior to the person's right. (Sec. 1)
5. Directs an agency to post the statutorily required report of information relating to the
number of applicants, petitions and determinations, from the previous calendar year, on
their website. (Sec. 1)
6. Makes technical changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note