ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
criminal history; required disclosure; limitations
Purpose
Prohibits an employer and state agency from inquiring about, considering or requiring disclosure of an applicant's criminal conviction record for employment during the hiring process.
Background
On November 6, 2017, Governor Douglas A. Ducey issued an executive order directing the Arizona Department of Administration to establish hiring procedures to be used by all state agencies to ensure that, during the initial stage of an application process, state agency job applications do not ask whether an applicant has a criminal record and a criminal record does not disqualify an applicant from receiving an interview. A state agency may inquire into a criminal record after a job application and initial interview and particular crime convictions may preclude the applicant from a particular position (Executive Order 2017-07).
The Department of Public Safety (DPS) is responsible for the effective operation of the Central State Repository in order to collect, store and disseminate complete and accurate Arizona criminal history records and related criminal justice information. DPS must also provide criminal history to the DPS Fingerprinting Division to screen applicants for fingerprint clearance cards (A.R.S. 41-1750).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits, unless required by federal law, a state agency or an employer with fewer than 15 employees from inquiring about, considering or requiring disclosure of an applicant's criminal conviction record for employment during the hiring process unless the inquiry, consideration or disclosure:
a) takes place during or after an interview or, if there is no interview, after the applicant receives a conditional offer of employment; and
b) is for only the period of seven years from the later of the conviction date or incarceration release.
2. Excludes, from the criminal conviction record check prohibition, positions:
a) that require a valid fingerprint clearance card;
b) that require an applicant to submit fingerprints to access state and federal criminal records information for noncriminal justice purposes;
c) within a law enforcement, probation or prosecuting agency or an emergency medical services transport employment;
d) as a firefighter or certified court security officer;
e) at a public airport; and
f) that enforce the Violent Crime Control and Law Enforcement Act of 1994 relating to crimes by or affecting persons engaged in the insurance business and whose activities affect interstate commerce.
3. Defines interview as any verbal interaction between an applicant and an employer or the employer's representative relating to the employment position or the duties of the position.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 15, 2021
LB/MC/kja