Blogs

INDUSTRY NEWS

New Arizona Law Allows for Applicant Nondisclosure of Sealed Records

SB 1294 provides for the sealing of criminal offense records under certain circumstances and provides that an applicant for employment does not have to disclose such records.

Arizona has enacted a new law that allows a person to file a petition to seal all case records related to a criminal offense if the person was:

  • Convicted of a criminal offense and has completed all of the terms and conditions of the sentence that was imposed by the court, including the payment of all monetary obligations and restitution to all victims;
  • Charged with a criminal offense and the charge was subsequently dismissed or resulted in a not guilty verdict at a trial; or
  • Arrested for a criminal offense and no charges were filed.

The law details the process the courts and individuals wishing to seal criminal offense records must follow.

As it pertains to employers, the new law provides that a person whose records are sealed may state that they have never been arrested for, charged with, or convicted of the criminal offense that is the subject of the sealed records in response to questions on employment. However, the new law provides a list of exceptions under which a person may not refrain from disclosing the information. For instance, a person must disclose the information if the person is submitting an application that requires a fingerprint clearance card. Moreover, the exceptions detail various instances requiring disclosure where the sealed case records involve a criminal offense that is related to the nature of the employment.

The new law provides employers with all of the limited liability protections prescribed under state law applicable to employers hiring and contracting with ex-offenders. Employers may not be held liable for hiring or contracting with persons covered under this new law.

Employers are encouraged to revise employment applications and background check procedures as needed, and to train HR and employees involved in the hiring process about the law’s requirements.

SOURCE: Littler GPS, Arizona Senate Bill 1294

Posted: July 26, 2021


All Rights Reserved © 2021 Truescreen, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

Sending...
Thank you for your interest in Business Information Group. We have received your message and will contact you in one business day or less.
Something went wrong.Try again
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.
Something went wrong.Try again

Get In Touch

Send a Message *fields required

What are your Interests?optional

Even our RFP PROCESS is state-of-the-art.

Find out why
RFP Kit

What Our Clients Are Saying

The service you provide at Truescreen has been the best I have ever seen in comparison to other vendors I have worked with in the past! You guys rock!

Talent Acquisition Specialist
Retail Store Chain

I am very impressed with your company’s customer service, and the Truescreen portal seems to be an intuitive, user-friendly design.

Learning Coordinator
Public College

Our team loves working with Truescreen and the expedient, thorough service and results we get from you.

Human Resources Executive
Large Hotel Chain

I appreciate all your hard work ensuring that individuals are cleared through our processes. Truescreen makes my job so much easier and less stressful.

Human Resources Analyst
Large Academic Institution
Sending...
Thank you for your interest in Truescreen. We have received your message and will contact you within one business day.
Our apologies, there was an error processing your request.  Please resubmit your message or contact us at 888-276-8518.
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.
Our apologies, there was an error processing your request.  Please resubmit your message or contact us at 888-276-8518.

Get In Touch

Contact Us *fields required

What are your Interests?optional

You are leaving Truescreen.com

Ok, Continue Cancel

×
×