What is an Application for Certificate of Second Chance & What is the process?

  • What is an Application for Certificate of Second Chance?
  • On April 1, 2021, Arizona Governor Doug Ducey signed into law House Bill (HB) 2067, which amends ARS § 13-905 to allow 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 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. A Certificate of Second Chance allows a person 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.
    ARS § 13-905links to external site
  • Is my case eligible?
  • Except as provided in subsection N of the statute, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to have the judgment of guilt set aside. However, not all criminal offenses are eligible to be set aside. Examples include dangerous offenses, offenses which the person is required or ordered by the Court to register pursuant to section ARS § 13-3821, offenses which have a finding of sexual motivation pursuant to section ARS § 13-118, and an offense in which the victim is a minor under fifteen years of age. For a complete review of non-eligible charges please review ARS § 13-905(N).
  • Where can I locate the Application for Certificate of Second Chance?
  • How do I complete the Application for Certificate of Second Chance?
  • Read ARS § 13-905links to external site in its entirety before completing the petition. This application is intended to help those who are seeking to set aside criminal judgement or have already had the criminal judgment set aside under ARS § 13-905 and refers solely to the records that exist under the control of the courts, Department of Public Safety, Prosecutor’s Office, and law enforcement agencies. If you haven’t already obtained a Set Aside, then you’d need to apply for one at the same time as submitting your application for Certificate of Seconds Chance. Complete form(s) entirely and submit to the Court.
  • Where can I find the information needed to fill out the Application for Certificate of Second Chance?
  • How will I be notified of the ruling on my Application for Certificate of Second Chance?
  • The Scottsdale City Court may set a Hearing concerning your Application for Certificate of Second Chance. The Scottsdale City Court will mail a sealed copy of the order, if granted to the address listed on the application as soon as it’s processed.
  • What happens when the Set Aside is granted? Does the Second Chance get granted as well?
  • If the application to set aside is granted, the Court must include a certificate of second chance if the person is eligible. The Defendant can only receive one second chance certificate for any cases. The application to Set Aside will have a question for the Defendant on whether they have previously been granted a Second Chance. ARS § 13-905 (K).
  • Does the Application for Certificate of Second Chance apply to all crimes?
  • The Certificate of Second Chance only applies to convictions that have been set aside and the Defendant is only allowed one Second Chance Certificate for any cases.
  • Can the Court grant a Set Aside and Deny the Second Chance?
  • The Defendant is only allowed one Second Chance Certificate for any cases. If the Defendant indicates one has already been granted, the defendant wouldn't be eligible for another Certificate of Second Chance. Also, there may be other instances where the court learns that a Second Chance has already been granted. In those cases, even though the Defendant has not provided that information; the defendant would not be eligible for another Certificate of Second Chance.
  • Can there be an instance where our Court has granted a Defendant a Set Aside in the past and the Defendant is now before the Court requesting a Second Chance Certificate?
  • Yes. There are likely to be instances where a Defendant has received a Set Aside from our Court before the Second Chance Certificate was available. In those instances, the Court will be able to grant the Second Chance unless the Defendant has already received one in another case, or the case is otherwise not eligible for a Certificate of Second Chance.