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AZ SB1036

Bill

Status

Passed

3/28/2023

Primary Sponsor

John Kavanagh

Click for details

Origin

Senate

Fifty-sixth Legislature - First Regular Session (2023)

AI Summary

  • Allows courts to issue a "certificate of second chance" when setting aside criminal convictions, which releases individuals from occupational licensing barriers and provides employment and housing protections similar to those in A.R.S. § 12-558.03.

  • Establishes mandatory certificate eligibility for all misdemeanors and class 4-6 felonies (after 2 years) and class 2-3 felonies (after 5 years) when convictions are set aside, unless the person previously received a certificate for a felony conviction.

  • Prohibits certificates of second chance for dangerous offenses, sex offenses, offenses requiring sex offender registration, offenses with sexual motivation findings, and felonies where the victim was under 15 years old.

  • Requires courts to inform victims of their right to be present and heard at set-aside proceedings and to receive notice of the defendant's application and certificate eligibility status.

  • Restores firearm possession rights upon conviction set-aside unless the conviction was for a "serious offense" as defined in A.R.S. § 13-706.

Legislative Description

Setting aside conviction; certificate eligibility

Exceptions

Last Action

Chapter 3

3/28/2023

Committee Referrals

Rules2/27/2023
Judiciary2/20/2023
Rules1/17/2023
Judiciary1/17/2023

Full Bill Text

No bill text available