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Legislators in Arizona passed a bill that will allow residents to have various non-violent misdemeanor criminal records expunged.

About House Bill 2658

Arizona’s House Bill 2658 (HB2658) creates opportunities for individuals who have misdemeanor convictions to file a request for expungement after three years have passed. The bill, which is titled Expungement of Misdemeanor Convictions states that an individual may file a petition to have applicable records expunged whether the case:

• Was later dismissed.
• Resulted in a not-guilty verdict.
• Resulted in a conviction.

HB2658 notes that a petition should include:

• Whether the petitioner has fulfilled the conditions of sentence or any term of probation.
• Whether the petitioner has any additional arrests or convictions.
• Any written recommendation in support of expungement that is provided by a third party.
• Whether the petitioner has obtained a prior expungement.

Not All Expunction Requests Will Be Honored

Arizona residents will not be eligible to have their records expunged if they have unresolved matters in any Arizona based court or jurisdiction, or from another state. Expunction requests will also be denied if the petitioner has not paid full restitution or otherwise completed any court-ordered monetary obligations.

Potentially eligible records will not automatically be expunged. When someone submits a request, the court will review all relevant details regarding each case before making a decision.

What Employers Should Know

Employers in Arizona should be aware of HB2658 and know that some residents may have criminal records expunged. When that happens, the court will vacate the arrest, charge, conviction, adjudication and sentence. They will then expunge the record and notify the department of public safety, the prosecuting agency and the arresting law enforcement agency, if applicable, of the expungement order.

Every employer should be aware that second chance laws like this one are designed to help people re-enter society so they can find employment, housing and other necessities. Once a record is expunged, no organization may consider it when making hiring or other decisions about consumers.

One of the best options employers have to help them avoid inadvertently reviewing expunged records is to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). CRAs must undergo a thorough audit and prove that they follow reasonable procedures to only provide current, reportable records before they may earn accreditation.

Employment Background Checks

Second Chance laws are becoming more common throughout the United States. With each one, however, employers are still strongly encouraged to run comprehensive background checks. These reports help hiring managers make informed decisions, maintain safe workplaces and meet due diligence requirements. A background report can help employers understand whether someone is genuinely qualified for a particular position or if they have a serious criminal record which might indicate they pose an undue risk to the business, staff or public.

If your organization is bringing on employees, contractors or volunteers, please contact us. Our friendly, experienced team can help you customize screening packages that meet your specific needs, comply with relevant laws and match industry standards. Based in California, we are available to assist you Monday through Friday from 5am to 6pm PT.