Arizona Record Relief

Arizona Certificate of Second Chance (A.R.S. § 13-905)

A Certificate of Second Chance is among the most underused tools in Arizona record-relief law. It travels with a set-aside, gives employers and landlords liability protection for hiring or housing you, and signals rehabilitation to licensing boards. Here's how it works.

What a Certificate of Second Chance does

A Certificate of Second Chance (CSC) is an official court order issued under A.R.S. § 13-905 (subsections F-N). It does three substantive things:

1. Releases you from most penalties and disabilities resulting from the conviction. This is essentially the same release as a set-aside but expressed more formally.
2. Provides employers with statutory liability protection under A.R.S. § 12-558.03 if they hire you. An employer who hires a CSC holder cannot be sued for negligent hiring based on the underlying conviction in most circumstances.
3. Provides landlords with similar liability protection for housing you. Landlords who rent to a CSC holder receive the same statutory shield against negligent-rental claims.

In effect, a CSC tells employers and landlords: "the state has reviewed this person and concluded they're rehabilitated. You're protected if you make a hiring or housing decision in their favor."

Critical distinction: CSC is NOT the same as set-aside

This is the most common point of confusion. Set-aside under § 13-905(A)-(E) and Certificate of Second Chance under § 13-905(F)-(N) are two related but distinct remedies in the same statute:

Most CSCs are issued alongside a set-aside — when the court grants set-aside, it can simultaneously issue a CSC if the petitioner qualifies. But you can also apply for a CSC separately later, if you already received set-aside without one.

Who qualifies for a Certificate of Second Chance

A CSC requires three conditions:

1. The waiting period has elapsed

• Misdemeanors: No additional waiting period — eligible immediately upon sentence completion
• Class 4, 5, or 6 felonies: 2 years after fulfilling all sentence conditions (probation discharge or absolute discharge from prison, all fines and restitution paid)
• Class 2 or 3 felonies: 5 years after fulfilling all sentence conditions

The CSC waiting period runs from the same starting point as the set-aside (sentence completion), but adds a felony-specific delay. This is why many petitioners get set-aside immediately upon discharge but have to wait for CSC.

2. The offense isn't on the excluded list

Section 13-905(P) excludes from set-aside (and therefore CSC) the same categories of offenses: dangerous offenses under § 13-704, sex offenses requiring registration, victims under 15, and select DUIs.

3. Procedural conditions are met

• All restitution paid in full
• All fines and fees paid
• No active warrants or pending criminal cases
• Probation has been formally discharged

One CSC per felony — a key limitation

If you already received a Certificate of Second Chance for a previous felony conviction, you are NOT eligible for another. The statute limits each person to one felony-related CSC. Misdemeanor CSCs do not count against this limit.

In practice this means: if you have multiple felony convictions, the CSC will apply to one of them — typically the most consequential or most recent. Choose strategically with an attorney consultation if you have multiple eligible felonies.

How to apply for a Certificate of Second Chance

Option 1: Apply with your set-aside

When filing a § 13-905 set-aside application, include a request for a CSC in the same petition. If the court grants set-aside and you meet the CSC requirements, the court will issue both in the same order. This is the simplest path — one filing, two remedies.

Option 2: Apply separately after set-aside

If you previously received a set-aside but no CSC (typical for petitioners who applied before the 2-year felony waiting period elapsed), you can apply for the CSC alone. The Arizona Judicial Branch publishes an Application for Certificate of Second Chance form. File it at the same court that granted the original set-aside, serve the prosecutor, wait for the response window, and the court rules.

Option 3: Reapply after denial

Unlike sealing under § 13-911 (which has a 3-year refile bar after denial), CSC denials under § 13-905 do not trigger a waiting period. You can reapply after curing whatever issue led to the denial — typically additional time elapsed, additional restitution paid, or a stronger personal statement.

Practical impact: where CSC actually moves the needle

Employment background checks

An employer running a background check sees the conviction with set-aside and CSC notations. The CSC notation tells them they have statutory protection if they hire you. For employers who already favor "fair-chance hiring" practices, this removes the legal uncertainty that sometimes blocks hiring decisions.

Professional licensing boards

Many Arizona professional licensing boards (real estate, nursing, behavioral health, education, certain healthcare specialties) explicitly weight CSC favorably in their criminal-history evaluations. A petitioner with both set-aside and CSC presents a meaningfully stronger application than one with set-aside alone.

Fingerprint clearance cards

CSC strengthens but does not guarantee FCC issuance. DPS can still consider the underlying conviction (per § 13-905(G)(2)), but CSC is heavily relevant evidence at any Good Cause Exception hearing. → Read the full FCC guide

Housing applications

For tenant applications, particularly with larger property-management companies that screen applicants legally cautiously, the CSC's landlord-liability shield can move borderline applications from "denied" to "approved."

What CSC does NOT do

• Does NOT seal the record. The conviction remains visible — sealing is a separate § 13-911 remedy.
• Does NOT vacate the judgment. The set-aside does that; CSC is the rehabilitation certificate component.
• Does NOT restore firearm rights for serious offenses. Firearm rights have their own § 13-910 process; serious offenses under § 13-706 are excluded from automatic restoration.
• Does NOT preclude DPS consideration for FCC. See § 13-905(G)(2) — DPS retains discretion.
• Is not a recommendation or endorsement. The court explicitly notes the CSC is not a sponsorship of the petitioner — it's a legal status, not a personal reference.

Strategic stacking: CSC + set-aside + sealing

For maximum record-relief impact, the optimal stacking sequence is:

1. Set-aside at sentence completion (no waiting period; vacates the judgment)
2. Certificate of Second Chance alongside set-aside (immediate for misdemeanors; 2-5 yr wait for felonies)
3. Sealing when waiting period elapses (2-10 years; hides record from public)
4. Civil rights restoration (often automatic under § 13-907 since 2022)
5. Firearm rights restoration separately under § 13-910 if applicable

This combination produces the cleanest possible Arizona record status: judgment vacated, rehabilitation certified with employer/landlord protection, hidden from background checks, civil rights restored, firearm rights addressed. All filings are $0 in court fees.