Certificates of Second Chance: Arizona’s New Law Helps Citizens with Criminal Convictions Continue to Contribute

In 2021, Arizona added a new provision to the law which further helps break down some of the barriers faced by people with a prior conviction. A.R.S. § 13-905, known as the "set aside" statute, permits a Court to set aside the judgment of guilt in certain qualifying cases. While it is not the same thing as an expungement, a set aside often helps those with criminal convictions avoid penalties in the future. The new provision to that law now allows the Court to issue a "Certificate of Second Chance."

A Certificate of Second Chance allows a person whose conviction has been set aside to obtain benefits that they may not be able to obtain if they have a conviction. For example, some individuals who would qualify for an occupational license, such as architects, nurses, doctors, engineers, barbers, cosmetologists, accountants, real estate agents, and more, may not be able to get licensed if they have a particular conviction. A Certificate of Second Chance allows those citizens to qualify for the professional license and remain productive members of the community. Additionally, some housing opportunities are unavailable to individuals with particular convictions. A Certificate of Second Chance can open up those housing opportunities as well.

Who Is Eligible?

A person who has been convicted of a:

• Misdemeanor and more than 2 years has passed since the fulfillment of probation and/or sentence requirements
• Class 4, 5, or 6 felony where more than 2 years has passed since the fulfillment of probation and/or sentence requirements
• Class 2 or 3 felony where more than 5 years have passed since the fulfillment of probation and/or sentence requirements

Except a person with a conviction:

• for driving on a suspended license, criminal speeding, aggressive driving, and hit-and-runs
• with a victim under 15 years of age
• for sexually motivated crimes
• involving a deadly weapon or infliction of physical injury
• that requires sex offender registration

A Certificate of Second Chance can make employment and housing easier to find for those with convictions, but is up to the Court to determine whether to issue a Certificate of Second Chance.

If you have been convicted of a crime and are not sure whether you qualify to have your judgment of guilt set aside and a Certificate of Second Chance issued, contact the legal professionals at The Behan Law Group, P.L.L.C. We routinely handle requests for post-conviction matters, and we have helped hundreds of people get their lives back. Call The Behan Law Group, P.L.L.C. at 520-220-5047 and let Miss DUI Arizona fight for you, too!