Greater Phoenix continues to be a growing market with companies expanding and moving into the area. According to the Bureau of Labor and Statistics, Arizona had 122,000 job openings at the end of 2025. Leading sectors include trade and utilities, healthcare, hospitality, financial services and construction.
While employers in these industries seek qualified candidates to fill open positions, one overlooked demographic is individuals with criminal history. The stigma of a conviction is understandably a barrier for many hiring managers and job seekers alike. What both may not realize is that Arizona offers legal mechanisms that provide liability protection for employers and a path to professional redemption for applicants. The challenge for both parties involved lies in navigating the complexity of legal petitions, transparency and risk management.
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Weighing Employer Risks
For a business owner or manager, hiring an individual with a record raises concerns surrounding risk, specifically regarding reputation and safety. It’s difficult enough to trust that a new employee will do the job well, it’s a whole different level to hire someone with a past and trust it will not become an issue that puts the work environment, other employees or the business in any jeopardy. It’s natural for a hiring manager to think that a past legal issue is a negative indicator. Even basic concerns over a potential for a negative Google review or previous social media posts surfacing that reveal an employee’s past can make a hiring manager hesitate.
There are also company policies that will immediately disqualify a candidate if they have a record of a felony or misdemeanor. Because not all criminal records are equal. Just because someone may have made a serious mistake in the past does not mean he or she isn’t capable of doing a job or won’t prove to be a dependable employee.
Legal Protections
Legal experts point to significant protections available to businesses. The first step is understanding what these protections are and how they work. Under Arizona law, there are two legal tools companies and potential employees can take advantage of:
Motion to Set Aside (MTSA): A Motion to Set Aside allows individuals who have fulfilled the conditions of a judgment to apply to have the civil penalties set aside. When granted, it helps remove barriers, allowing people to secure housing, employment and gain access to civil rights such as voting and jury duty.
Taking the step to have a judgment set aside requires effort and demonstrates a commitment to moving on.
Certificate of Second Chance (CSC): A Certificate of Second Chance insulates an employer from certain types of liability. The certificate limits the introduction of a person’s prior convictions as evidence in civil lawsuits, providing a robust layer of protection against claims of negligent hiring.
It is important to recognize that individuals may request unlimited CSCs for misdemeanors, but only one CSC can be granted for a felony conviction during their lifetime.
Both MTSA and CSC go beyond providing legal safety. Employers find that “second chance” hires demonstrate a higher degree of loyalty. These employees often feel they have more to lose and more to prove, which can lead to hiring someone with a stronger work ethic and commitment to the organization.
Understanding Limits of Redemption
The path to a second chance is not universal. Arizona law prohibits certain offenses from being set aside, which include the following:
- Dangerous offenses
- Crimes requiring sexual offender registration
- Offenses with a finding of sexual motivation
- Felonies where the victim was a minor under 15
Applicant Transparency and the Law
For a job seeker, the primary hurdle is the initial disclosure. Even minor traffic violations or extreme speeding tickets can carry a stigma that stalls an application. To overcome challenges, applicants are encouraged to be open and transparent up front. The law also provides specific tools that can help:
- Petitions to Seal: Once a record is sealed, an applicant may legally answer “no” when asked if they have a conviction, though some exceptions exist for specific industries.
- The “Set Aside” Process: Unlike an expungement, a “set aside” dismisses the accusation or information. To be eligible, an individual must be off probation and have fulfilled all fines, fees and restitution.
- Certificate of Second Chance: A CSC is considered the gold standard for reintegration. It removes barriers to occupational licenses and can help with applications for housing, which is often denied to those with domestic violence and other criminal charges.
Building a Professional Future
A key consideration for hirers is the timeline. An “old” assault charge from a decade ago tells a different story than a repetitive pattern of recent incidents. When an applicant has gone through the effort of a court-mandated MTSA, it demonstrates a willingness to change and problem-solving skills.
In Phoenix, courts have become increasingly proactive in helping individuals get their fees paid and motions filed, recognizing that stable employment is the greatest deterrent to recidivism.
For a job applicant, the opportunity to overcome the past opens the door to a better future. In today’s economy, businesses that learn to look past a criminal record may find their most dedicated new team members.
Author: Ryan Cummings is the founding partner of R&R Law Group in Scottsdale, Arizona, specializing in criminal defense and restoration of civil rights.
