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  3. New Law Allows Some Convictions to be Set Aside

New Law Allows Some Convictions to be Set Aside

May 21, 2021 | Criminal Records

Unlike some states, Arizona does not have an expungement law that allows, under certain circumstances, for a prior criminal conviction to be essentially erased from the record. But a new law recently signed by Governor Ducey, and going into effect in August of this year, will to at least some degree, give those convicted of crimes in the past the ability to move on with their lives.

The new law amends A.R.S. 13-905, and if the conditions in the statute are met, permits a conviction to be set aside, and allows the ex-offender to obtain a Certificate of Second Chance “(Certificate”).

What Does the “Second Chance” Mean?

If you have been convicted of a crime, and you have fulfilled all your obligations under the judgment of conviction, you may be eligible for a Certificate. If your application is granted, the conviction will be set aside. What this means is that those individuals will no longer be barred from obtaining various occupational licenses, provided they are otherwise qualified. The Certificate will also show up as a notation on a background check that the conviction has been set aside. The law contains numerous factors the court must consider in determining whether to grant the application for a Certificate.

While the essence of the new law is positive, in that it focuses on rehabilitation rather than lifetime punishment, there are many things the statute does not do. The statute does not apply to dangerous offenses, offenses requiring registration as a sex offender (or any conviction found to have a sexual motivation), any felony with a victim under the age of 15, convictions for driving on a suspended or revoked license, and certain traffic violations (felony flight, hit and run, and others). Moreover, the new law does not relieve you of the obligation to disclose a prior conviction, for example, in connection with a job application. Nor does it erase the conviction from your record.

While we think the new measure points in the right direction, we have some doubt whether it will have an impact on many ex-offenders. In particular, it falls short of expungement or sealing of your record, options available in many other states.

Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028