Issue 3: Certificate of Second Chance
What is a Certificate of Second Chance?
Last Updated December 3, 2023
In April of 2021, Arizona Governor Ducey signed into law House Bill (HB) 2067, which amends ARS § 13-905 and allows the courts to issue an order for a “Certificate of Second Chance” for individuals “whose judgment of guilt is set aside” after a criminal conviction.
A Certificate of Second Chance grants the opportunity to obtain an occupational license, provides protections to employers for hiring or contracting with ex-offenders, and provides protections to a person or entity providing housing to an ex-offender. The Certificate of Second Chance cannot be used as a recommendation, sponsorship, or promotion when applying for an occupational license, employment, or housing.
7 Things to consider before applying for a Certificate of Second Chance/Set Aside:
1. If you have multiple cases, you must make a separate application for each case number. The Court must decide each one separately.
2. If the Court grants an application to set aside a conviction or to reinstate civil rights, the case is not sealed, and the case remains a public record. Information is not removed from the Clerk of Superior Court’s or other public information webpages.
An order setting aside a judgment of conviction under A.R.S. § 13-905 does not remove the conviction, and the conviction remains a public record. Arizona law deems this a matter of public protection.
3. All financial obligations should be met before applying. You can get a financial statement and payment history from the Clerk of the Superior Court’s Criminal Financial Obligations Section.
If you’re not sure where to find information about your outstanding financial obligation or payment history you can go to:
Criminal File Counter in South Court Tower 175 West Madison Street, 12th Floor Phoenix, AZ 85003
or the File Counter at Southeast Regional Court Facility, 222 East Javelina Avenue in Mesa, AZ 85210.
You will need to fill out a request and pay a fee, and the payment history will be sent to you. You can also contact the Criminal Financial Obligations for details and more options at (602) 372-5375.
4. To complete the application you will need to provide information about your prior conviction(s). Information about your conviction(s) may be found online at the Superior Court’s website: http://www.superiorcourt.maricopa.gov/docket/CriminalCourtCases/caseSearch.asp.
You may also go to a Law Library Resource Center or Clerk of Superior Court location to look up your case. For locations and more information, see: www.superiorcourt.maricopa.gov or http://www.clerkofcourt.maricopa.gov/copies.asp.
5. You are only allowed one Second Chance Certificate for any cases. If the record indicates that one has been granted, you will not be eligible for another Certificate of Second Chance.
6. There is a waiting period to file if you have the following class of felony/felonies:
If you were convicted of a Class 4, 5, or 6 Felony - You must wait at least 2 years following the end of your conditions of probation or sentence to apply.
If You were convicted of a Class 2 or 3 Felony - You must wait at least 5 years since they completion of the conditions of probation or sentence.
7. You will need the following documemnts:
• Original Application to Set Aside Conviction
• Copy of Certificate of Absolute Discharge from Imprisonment from Arizona Department of Corrections (if applicable)
• Copy of Discharge from Probation (if applicable)
• Any other documentation to show extraordinary circumstances, such as rehabilitation, education accomplishments, or other change of circumstance.
Resources & References:
Instructions for filing (Maricopa County): https://superiorcourt.maricopa.gov/media/4210/crsa12iz.pdf
Arizona Statue: https://www.azleg.gov/ars/13/00905.htm
Maricopa County Application to Set Aside Conviction: https://superiorcourt.maricopa.gov/media/4209/crsa12fz.pdf
Pima County Application to Set Aside Conviction:
https://www.sc.pima.gov/media/0kojoovr/state_application_for_restoration_of_civil_rights_and_judgment.pdf
Yavapai County Application for Second Chance:
https://courts.yavapaiaz.gov/Portals/1/Documents/Second_Chance_App_&_Order.pdf
Yavapai County Application for Set Aside:
https://courts.yavapaiaz.gov/Portals/1/Documents/Application-SetAsideConviction.pdf
