AnalysisHouse Bill 2612 eliminates the requirements for there to be a finding on whether an applicant is of good character or reputation, has integrity or is honest, moral, trustworthy or truthful to be eligible for a license, permit, certification or other state recognition, including a Notary Public commission.
The following background on the bill was provided in a
Senate fact sheet: "A person with a criminal record may petition an agency for a determination of whether the person's criminal record disqualifies the person from obtaining an occupational license, permit, certification or other state recognition. An agency must issue a determination within 90 days that includes findings of fact and conclusions of law and may disqualify the person only if the agency concludes that the state has an important interest in protecting public safety that is superior to the person's right and either: 1) the person was convicted within the previous seven years of a felony offense, violent crime or, if the license is for an occupation in which the applicant would owe a fiduciary duty to a client, specified offenses related to forgery or fraud; or 2) if the person was convicted at any time of a dangerous offense, serious offense, dangerous crime against children, sexual offense, sexual exploitation of children offense or an offense that a law specifically requires the agency to consider when issuing a license. The limitations on an agency's authority to disqualify a person from obtaining a license do not apply to specified entities (A.R.S. § 41-1093.04)."
Read House Bill 2612.