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Collateral Consequences
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Collateral Consequences of a Felony
Arizona Laws
Voting Rights
If a person has been convicted of a felony in Arizona, he or she cannot vote unless the right has been restored. Ariz. Rev. Stat. § 16-101. A first time offender’s right to vote is automatically restored upon absolute discharge from incarceration or completion of community supervision or probation. If a person has been convicted of two or more felonies, they must apply to the court that sentenced them. If the sentence resulted in prison, there is a two-year waiting period before a person can apply.
If a person is convicted of more than one felony in another state, there is no provision for restoring your Arizona right to vote.
Firearm Possession
Arizona prohibits any person from possessing a gun who has been convicted within or without this state of a felony or who has been adjudicated delinquent and whose civil right to possess or carry a gun or firearm has not been restored. Ariz. Rev. Stat. §13-3101((A)(6)(b))
Arizona also prohibits any person from possessing a gun who is serving a term or probation pursuant to a conviction for a DUI offense as defined in Ariz. Rev. Stat. § 13-360.
Ariz. Rev. Stat. § 13-3101((A)(6)(d)).
A person convicted of a serious offense may not apply to carry a gun for ten years. Ariz. Rev. Stat. § 13-905(C).
“Serious offense” means any of the following offenses if committed in this state or any offense committed outside this state which if committed in this state would constitute one of the following offenses: first degree murder, second degree murder, manslaughter, aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, sexual assault, any dangerous crime against children, arson of an occupied structure, armed robbery, burglary in the first degree, kidnapping, and sexual conduct with a minor under fifteen years of age.
Military Service
Federal law governs military enlistment. No person who is insane, intoxicated, or a deserter from an armed force, or who has been convicted of a felony, may be enlisted in an armed force. However, exceptions may be authorized in meritorious cases. 10 U.S.C. § 504.
The statute does not offer an explanation of what a meritorious case is nor is there case law on the subject matter.
Family Life
In regard to collateral consequences, the court may grant a separation OF COVENEANT MARRIAGES when “[t]he respondent spouse has committed a felony and has been sentenced to death or imprisonment in any federal, state, county or municipal correctional facility.” Ariz. Rev. Stat. § 25-904(2).
Imprisonment or a death sentence for a felony may also be grounds for dissolution of a covenant marriage. Ariz. Rev. Stat. § 25-903(2).
Child Visitation/Custody
A parent convicted of certain crimes may be denied freedoms that a parent without such convictions enjoys without state interference. A conviction for these crimes will create a rebuttable presumption against the convicted party that joint custody over a child is not the child’s best interest.
For instance, a parent convicted of any drug offense under Title 13, Chapter 34 or of certain driving while intoxicated offenses faces a presumption by the court that he or she should not be granted sole or joint custody over a child. Ariz. Rev. Stat. § 25-403(K).
In order to rebut this presumption, the court will consider evidence that the parent has not been convicted of other drug offenses within five years of the petition for custody, Ariz. Rev. Stat. § 25-403(L)(1), and evidence that the parent has passed drug testing, as required by the statute. Id. at 25-403(L)(2).
There is also a legal presumption that incidents of DUI are against the best interests of a child. Ariz. Rev. Stat § 25-403(N). In the event that the parent is able to rebut a presumption “that parenting time will not endanger the child or significantly impair the child’s emotional development,” by showing progress such as completing an anger management course, and completing substance counseling or parenting classes, the court still retains the ability to place restrictions upon the parent.
Civil Rights
- Voting
- Jury Duty
- Possess Gun/Firearm
- Drivers License
Public Benefits
- College Financial Aid
- Food Stamps
- Welfare
- Public Housing
- Employment Certification
- Child Custody/Visitation
- Arizona Laws
Offense-Specific Collateral Consequences
- Drug Offenses
- “Dangerous” Offenses
- “Serious” Offenses
- DUI Offenses
- Sex Offenses
- Crimes of Moral Turpitude
- Juvenile Offenses
- Prison Sentences
- Motor Vehicle Offenses
Jury Service
Arizona law provides that a person is not eligible for jury service if he or she has been convicted of a felony, unless the juror’s civil rights have been restored. Ariz. Rev. Stat. § 21-201(3); Ariz. Rev. Stat. § 13-904((A)(3)). When a person completes all probation conditions, including fines and restitution, for a first or second felony conviction, or is absolutely discharged, rights to serve on a jury are automatically restored by the Clerk of the Court.
Arizona Jury Service – Eligibility, Fines, Probation, Restitution, and Right to Serve
Restoration of Rights
Ariz. Rev. Stat. Ann. § 13-905
A. A person who has been convicted of two or more felonies and whose period of probation has been completed may have any civil rights which were lost or suspended by the felony conviction restored by the judge who discharges him at the end of the term of probation.
B. On proper application, a person who has been discharged from probation either before or after adoption of this chapter may have any civil rights which were lost or suspended by the felony conviction restored by the superior court judge by whom the person was sentenced or the judge’s successors in office from the county in which the person was originally convicted. The clerk of the superior court shall have the responsibility for processing the application on request of the person involved or the person’s attorney. The superior court shall serve a copy of the application on the county attorney.
C. If the person was convicted of a dangerous offense under A.R.S. § 13-704, the person may not file for the restoration of the right to possess or carry a gun or firearm.
If the person was convicted of a serious offense as defined in A.R.S. § 13-706 the person may not file for the restoration of the right to possess or carry a gun or firearm for ten years from the date of his discharge from probation.
If the person was convicted of any other felony offense, the person may not file for the restoration of the right to possess or carry a gun or firearm for two years from the date of the person’s discharge from probation.
Ariz. Rev. Stat. Ann. § 13-906
A. On proper application, a person who has been convicted of two or more felonies and who has received an absolute discharge from imprisonment may have any civil rights which were lost or suspended by his conviction restored by the superior court judge by whom the person was sentenced or the judge’s successors in office from the county in which the person was originally sentenced.
B. A person who is subject to subsection A of this section may file, no sooner than two years from the date of his absolute discharge, an application for restoration of civil rights that shall be accompanied by a certificate of absolute discharge from the director of the state department of corrections. The clerk of the superior court that sentenced the applicant shall have the responsibility for processing applications for restoration of civil rights upon request of the person involved, the person’s attorney or a representative of the state department of corrections. The superior court shall serve a copy of the application on the county attorney.
C. If the person was convicted of a dangerous offense under A.R.S. § 13-704, the person may not file for the restoration of the right to possess or carry a gun or firearm.
If the person was convicted of a serious offense as defined in A.R.S. § 13-706, the person may not file for the restoration of the right to possess or carry a gun or firearm for ten years from the date of his absolute discharge from imprisonment.
If the person was convicted of any other felony offense, the person may not file for the restoration of the right to possess or carry a gun or firearm for two years from the date of the person’s absolute discharge from imprisonment.
Restoration Requires Application
Defendant who was previously convicted of felonies in Arizona did not have his civil rights restored under Arizona law, and thus could be convicted under federal law for being felon in possession of a weapon, notwithstanding state’s approval of his application for voter’s registration card, calling of defendant for jury duty, and permitting him to vote in several elections; defendant was ineligible for restoration of his civil rights at time he applied and engaged in such activities through misrepresentation. ?U.S. v. McElyea, C.A.9 (Ariz.)1998, 158 F.3d 1016.
Restoration of Rights
Restoration of Rights FAQ
What rights are lost when a person is convicted of a felony?
A felony conviction suspends a person’s civil liberties. The person loses the right to vote, the right to hold public office of trust or profit, the right to serve as a juror and right to possess a gun. A felony conviction may also prevent a person from obtaining business and professional licenses, government secured loans and housing.
Can a person restore their Civil Liberties?
A person’s civil liberties may be restored. A person with only one Arizona felony conviction, whose civil rights were lost or suspended, had their rights automatically restored upon completion of a term of probation, or receipt of an absolute discharge from imprisonment if the person paid all imposed fines or restitution. However, this does not apply to the right to possess a weapon. To restore the right to possess a weapon the person must file an application with Maricopa County Superior Court.
A person with two or more Arizona felony convictions must file the applications to restore their civil liberties with Maricopa County Superior Court. A separate application will be required for each felony criminal case.
What if my felony conviction was in another state?
A person wishing to restore their civil liberties must do so in the state in which the felony conviction occurred. Many states automatically restore a person’s civil liberties upon completion of probation or discharge from the department of corrections. A person should contact the state in which the conviction occurred to obtain information regarding the restoration process.
What if I was convicted of a felony in federal court?
A person convicted of a felony in federal court may apply to restore their civil liberties in the county in which they currently reside. However, the state may not restore the person’s right to possess a fire arm.
How do I know if I am eligible to restore my rights?
If you only had one Arizona felony your rights were restored upon completion of probation or absolute discharge from the Department of Corrections as long as all fines and restitution were paid. However, to ensure that the court informs the elections office that you are eligible to vote you should file an application to restore your civil liberties. Also, the court will not set aside a judgment of guilt without an application.
If you have two or more felonies in Arizona you may apply to restore your civil liberties upon completion of probation or two years from your absolute discharge as long as all your fines and restitution were paid.
What is setting aside judgment?
Upon completion of probation or sentence and discharge by the court a person may file to have their judgment set aside. Setting aside a judgment releases the citizen from all penalties and disabilities resulting from the conviction.
Setting aside judgment does not seal or expunge ones record. The record is still accessible to the public. However, the record will have a notation stating that the judgment has been set aside. Some employers are more likely to view the setting aside of a judgment favorably. The setting aside of a judgment lets the employer know that the court is satisfied that the person has been rehabilitated
The setting aside of judgment does not apply to Department of Motor Vehicle records and Game and Fish. A felony that has been set aside may be used at a subsequent trial as a prior felony conviction. Persons convicted of criminal offenses involving infliction of serious physical injury, exhibition or use of a weapon, sexual motivation or a victim under fifteen may not have their judgment vacated.
Where do I get a copy of my Absolute Discharge?
Certificate of Absolute Discharge from the Department of Corrections may be obtained by writing or visiting the Arizona Department of Corrections, 1601 W Jefferson, M/C 112, Phoenix, AZ 85007 and requesting the records. The information will be mailed in three to six weeks.
Absolute Discharges from the Federal Bureau of Prisons may be obtained at the clerks office of the United States District Court, 401 W Washington, Phoenix; 123 N. San Francisco St, Flagstaff; 405 W Congress St, Tucson; Prescott Valley Courthouse, 325 W 19thSt, Suite A 3001 N Main St, Prescott Valley; or 325 W 19thSt, Yuma AZ 85364. The person may wish to contact the restoration clerk at 602-506-4949 to assist with a federal conviction.
Restoration of Rights Frequently Asked Questions FAQ
Drivers License Suspension/Revocation
§ 28-3306. Discretionary license suspension or revocation; traffic survival school; hearing
§ 28-3308. Mandatory suspension; failure to appear (FTA at Title 28 violation hearing)
§ 28-3309. License suspension and denial; improper use by persons under legal drinking age; improper use by persons under eighteen years of age; providing spirituous liquor to a minor; exceptions
§ 28-3310. Improper use of license; peace officer affidavit; license suspension; hearing
§ 28-3312. Mandatory disqualification of commercial driver licenses; definition
Ariz. Rev. Stat. Ann. § 28-3304
Mandatory revocation of license; definition
A. In addition to the grounds for mandatory revocation provided for in chapters 3, 4 and 5 of this title,1 the department shall immediately revoke the license of a driver on receipt of a record of the driver’s conviction of any of the following offenses if the conviction is final:
1. A homicide or aggravated assault resulting from the operation of a motor vehicle.
2. Driving a motor vehicle while under the influence of a drug as defined in § 13-3401 or in violation of § 28-1381, subsection A, paragraph 3.
3. A felony in the commission of which a motor vehicle is used.
4. Theft of a motor vehicle pursuant to Ariz. Rev. Stat. Ann.§ 13-1802.
5. Unlawful use of means of transportation pursuant to Ariz. Rev. Stat. Ann.§ 13-1803.
6. Theft of means of transportation pursuant to Ariz. Rev. Stat. Ann.§ 13-1814.
7. Drive by shooting pursuant to Ariz. Rev. Stat. Ann.§ 13-1209.
8. Failure to stop and render aid as required under the laws of this state if a motor vehicle accident results in the death or personal injury of another.
9. Perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law relating to the ownership or operation of a motor vehicle.
10. Conviction or forfeiture of bail not vacated on a second or subsequent charge of the following offenses that are committed within eighty-four months:
(a) Reckless driving.
(b) Racing on highways.
(c) Any combination of a violation of Ariz. Rev. Stat. Ann. § 28-1381or Ariz. Rev. Stat. Ann. 28-1382 and reckless driving, of a violation of § 28-1381 or 28-1382 and racing on highways, or of reckless driving and racing on highways, if they do not arise out of the same event.
11. Conviction or forfeiture of bail not vacated on a second charge of violating Ariz. Rev. Stat. Ann.§ 28-1381 or Ariz. Rev. Stat. Ann.28-1382 within eighty-four months.
12. Conviction or forfeiture of bail not vacated on a third or subsequent charge of violating Ariz. Rev. Stat. Ann.§ 28-1381 or Ariz. Rev. Stat. Ann. 28-1382 within eighty-four months.
13. Conviction or forfeiture of bail not vacated on a charge of violating Ariz. Rev. Stat. Ann.§ 28-1381or Ariz. Rev. Stat. Ann. 28-1382 and the driver has been convicted within a period of eighty-four months of an offense in another jurisdiction that if committed in this state would be a violation of Ariz. Rev. Stat. Ann.§ 28-1381or Ariz. Rev. Stat. Ann. 28-1382.
B. In determining the starting date for the eighty-four month period prescribed in subsection A, paragraphs 10 through 13 of this section, the department shall use the date of the commission of the offense.
C. For the purposes of this section, “conviction” means a final adjudication or judgment, including an order of a juvenile court finding that a juvenile violated any provision of this title or committed a delinquent act that if committed by an adult would constitute a criminal offense.
Drivers License Suspension/Revocation
Arizona’s Denial of Benefits for Drug Related Crimes (A.R.S. 13-3418)
A. “Any offense in this chapter,” which is Chapter 34
B. The sentencing court may “render the person who is convicted ineligible to receive any public benefits. The court shall determine the length of time that shall elapse before the person’s eligibility is restored.”
C. For the purposes of this section, “public benefits” includes any money or services provided by this state for scholarships or tuition waivers granted for state funded universities or community colleges, welfare benefits, public housing or other subsidies but does not include benefits available for drug abuse treatment, rehabilitation or counseling programs.
Arizona’s Denial of Benefits for Drug Related Crimes (A.R.S. 13-3418)
VP and Pre-Padilla Analysis
A trial judge need not inform a defendant of every conceivable effect of pleading guilty. See State v. Rodriguez, 17 Ariz. App. 553, 554, 499 P.2d 167, 168 (1972). Rule 17.2 of the Arizona Rules of Criminal Procedure sets forth the information of which a defendant must be advised before pleading guilty. That information includes the nature of the charge, the constitutional rights given up by pleading guilty, and the nature and range of possible sentences, including special conditions regarding sentence. A judge need not advise of special conditions, however, unless they are a direct consequence of pleading guilty.
See Yuma County Juv. Action No. J–95–63, 183 Ariz. at 230–31, 902 P.2d at 836–37. As set forth above, detention for treatment under the SVP Act is not a direct consequence of pleading guilty.
Martin v. Reinstein, 195 Ariz. 293, 319, 987 P.2d 779, 805 (Ct. App. 1999)
SVP and Pre-Padilla Analysis
Collateral Consequences and Standing on Appeal
The collateral consequences exception:
Under this exception, an appellate court will review an otherwise moot order if the consequences of that order will continue to affect a party. See generally Carafas v. LaVallee, 391 U.S. 234, 237–38, 88 S. Ct. 1556, 1559, 20 L.Ed.2d 554 (1968) (petitioner’s release from custody did not moot habeas corpus proceeding; as a consequence of his conviction, petitioner was unable to vote, serve as a juror or labor union official for a specified period of time, or engage in certain businesses).
Our supreme court and this court have recognized the collateral consequences exception to mootness in criminal cases.
See, e.g., State v. Cutler, 121 Ariz. 328, 330, 590 P.2d 444, 446 (1979)(although defendant released from jail, appeal challenging confinement not moot); *618 **815 State v. Lane, 128 Ariz. 360, 360–61, 625 P.2d 949, 949–50 (App.1981)(defendant who has served sentence and been released from custody still entitled to appeal superior court’s refusal to order mental examination for competency; “possibility of appellant suffering collateral legal consequences from a sentence already served permits us to review his claim on its merits,” conviction may be relevant in further criminal proceedings against defendant for determining bail, availability of probation, and sentence enhancement Cardoso v. Soldo, 230 Ariz. 614, 617-18, 277 P.3d 811, 814-15 (Ct. App. 2012)
Collateral Consequences and Standing on Appeal
Federal Collateral Consequences
Federal Consequences for Drug Offenses 21 U.S.C.A. § 862
(a) Drug traffickers
(1) Any individual who is convicted of any Federal or State offense consisting of the distribution of controlled substances shall–
(A) at the discretion of the court, upon the first conviction for such an offense be ineligible for any or all Federal benefits for up to 5 years after such conviction;
(B) at the discretion of the court, upon a second conviction for such an offense be ineligible for any or all Federal benefits for up to 10 years after such conviction; and
(C) upon a third or subsequent conviction for such an offense be permanently ineligible for all Federal benefits.
(2) The benefits which are denied under this subsection shall not include benefits relating to long-term drug treatment programs for addiction for any person who, if there is a reasonable body of evidence to substantiate such declaration, declares himself to be an addict and submits himself to a long-term treatment program for addiction, or is deemed to be rehabilitated pursuant to rules established by the Secretary of Health and Human Services
(b) Drug possessors
(1) Any individual who is convicted of any Federal or State offense involving the possession of a controlled substance (as such term is defined for purposes of this subchapter) shall–
(A) upon the first conviction for such an offense and at the discretion of the court–
(i) be ineligible for any or all Federal benefits for up to one year;
(ii) be required to successfully complete an approved drug treatment program which includes periodic testing to insure that the individual remains drug free;
(iii) be required to perform appropriate community service; or
(iv) any combination of clause (i), (ii), or (iii); and
B) upon a second or subsequent conviction for such an offense be ineligible for all Federal benefits for up to 5 years after such conviction as determined by the court. The court shall continue to have the discretion in subparagraph (A) above. In imposing penalties and conditions under subparagraph (A), the court may require that the completion of the conditions imposed by clause (ii) or (iii) be a requirement for the reinstatement of benefits under clause (i).
The period of ineligibility referred to in subsections (a) and (b) of this section shall be suspended if the individual–
(A) completes a supervised drug rehabilitation program after becoming ineligible under this section;
(B) has otherwise been rehabilitated; or
(C) has made a good faith effort to gain admission to a supervised drug rehabilitation program, but is unable to do so because of inaccessibility or unavailability of such a program, or the inability of the individual to pay for such a program.
As used in this section–
(1) the term “Federal benefit”–
(A) means the issuance of any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; and
(B) does not include any retirement, welfare, Social Security, health, disability, veterans benefit, public housing, or other similar benefit, or any other benefit for which payments or services are required for eligibility; and
(2) the term “veterans benefit” means all benefits provided to veterans, their families, or survivors by virtue of the service of a veteran in the Armed Forces of the United States.
(e) Inapplicability of this section to Government witnesses
The penalties provided by this section shall not apply to any individual who cooperates or testifies with the Government in the prosecution of a Federal or State offense or who is in a Government witness protection program.
(f) Indian provision
Nothing in this section shall be construed to affect the obligation of the United States to any Indian or Indian tribe arising out of any treaty, statute, Executive order, or the trust responsibility of the United States owing to such Indian or Indian tribe. Nothing in this subsection shall exempt any individual Indian from the sanctions provided for in this section, provided that no individual Indian shall be denied any benefit under Federal Indian programs comparable to those described in subsection (d)(1)(B) or (d)(2) of this section.
The defendant’s conviction for possessing cocaine base with intent to distribute did not constitute a conviction for an offense consisting of the distribution of controlled substances, for purposes of the statute making a person convicted of a third or subsequent conviction for any offense consisting of the distribution of controlled substances permanently ineligible for all Federal benefits, since the offense of possessing cocaine base with intent to distribute did not include distribution as an element. ?U.S. v. Jacobs, C.A.10 (Okla.) 2009, 579 F.3d 1198
Federal Consequences for Drug Offenses 21 U.S.C.A. § 862
Social Security Collateral Consequences
Benefits become payable after fraud conviction
If any benefit payments become due after conviction, withhold them at the full monthly benefit payment until the overpayment is recovered. However, do not withhold more than the overpayment. At the time the “E” Protest Code and “Y” Fraud Indicator are removed, automated recovery efforts will begin. Of course, apply the usual exceptions to pursuing full recovery.
https://secure.ssa.gov/poms.nsf/lnx/0202201055
Options for repaying
If you agree that you have been paid too much and that the overpayment amount is correct, you have options for repaying it.
If you are receiving Social Security benefits, we will withhold the full amount of your benefit each month, unless you ask for a lesser withholding amount and we approve your request. Full withholding would start 30 days after we notify you of the overpayment.
If you are receiving Supplemental Security Income (SSI), generally we will withhold 10 percent of the maximum federal benefit rate each month. If you cannot afford this, you may ask that less be taken from your benefit. Or you may ask to pay back the overpayment at a rate greater than 10 percent.
We do not start deducting money from your SSI payments until at least 60 days after we notify you of the overpayment.
If you no longer receive SSI, but Procedure for garnishment due to court ordered victim restitution
Garnish for court ordered victim restitution through COGS. See SM 00832.000 Garnishment System Table of Contents.
The Consumer Credit Protection Act (CCPA) only permits garnishment at a maximum of 25% of a beneficiary’s monthly benefit amount (MBA) for court ordered victim restitution cases. This will require a review for possible adjustment to COGS whenever the continuing benefits change to a lower or higher rate. Manually enter the withholding amount in COGS. See GN 02410.215 How Garnishment Withholding Is Calculated. https://secure.ssa.gov/poms.nsf/lnx/0202410223
Social Security Collateral Consequences
Federally Assisted Housing
a) Ineligibility because of eviction for drug crimes
Any tenant evicted from federally assisted housing by reason of drug-related criminal activity (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)) shall not be eligible for federally assisted housing during the 3-year period beginning on the date of such eviction, unless the evicted tenant successfully completes a rehabilitation program approved by the public housing agency (which shall include a waiver of this subsection if the circumstances leading to eviction no longer exist).
(b) Ineligibility of illegal drug users and alcohol abusers
(1) In general
Notwithstanding any other provision of law, a public housing agency or an owner of federally assisted housing, as determined by the Secretary, shall establish standards that prohibit admission to the program or admission to federally assisted housing for any household with a member–
(A) who the public housing agency or owner determines is illegally using a controlled substance; or
(B) with respect to whom the public housing agency or owner determines that it has reasonable cause to believe that such household member’s illegal use (or pattern of illegal use) of a controlled substance, or abuse (or pattern of abuse) of alcohol, may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.
(2) Consideration of rehabilitation
In determining whether, pursuant to paragraph (1)(B), to deny admission to the program or federally assisted housing to any household based on a pattern of illegal use of a controlled substance or a pattern of abuse of alcohol by a household member, a public housing agency or an owner may consider whether such household member–
(A) has successfully completed a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable);
(B) has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable); or
(C) is participating in a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable).
Federally Assisted Housing
Dangerous Sex Offender and Public Housing 42 U.S.C.A. § 13663
(a) In general
Notwithstanding any other provision of law, an owner of federally assisted housing shall prohibit admission to such housing for any household that includes any individual who is subject to a lifetime registration requirement under a State sex offender registration program….
(iii) during the term of the lease, any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants, any criminal activity that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises, or any drug-related criminal activity on or near such premises, engaged in by a tenant of any unit, any member of the tenant’s household, or any guest or other person under the tenant’s control, shall be cause for termination of tenancy;
(iv) any termination of tenancy shall be preceded by the owner’s provision of written notice to the tenant specifying the grounds for such action; and
(v) it shall be cause for termination of the tenancy of a tenant if such tenant–
(I) is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the individual flees, for a crime, or attempt to commit a crime, which is a felony under the laws of the place from which the individual flees, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State; or
(II) is violating a condition of probation or parole imposed under Federal or State law;
42 U.S.C.A. § 1437f
Dangerous Sex Offender and Public Housing 42 U.S.C.A. § 13663
Local Permanent Federally Assisted Housing Bans
Tucson, Phoenix, and Glendale also ban for life any applicants convicted of manufacturing methamphetamine (speed) on the premises of federally assisted housing.
54 Admissions and Continued Occupancy Policy, City of Tucson, Community Services Department Housing
Management Division, April, 2005; Housing Department Admissions and Continued Occupancy Policy,
City of Phoenix, Revised Nov., 2004; Administrative Plan, Housing Choice Voucher Program, Housing
Authority of the City of Glendale, Revised and Adopted July, 2004
Local Permanent Federally Assisted Housing Bans
Temporary Housing Denial
Phoenix
Any applicant convicted of a felony for drug-related criminal activity or violent criminal activity, or who demonstrates a pattern of three or more violent criminal or drug related criminal incidents is denied admission for a five year period, beginning from the completion of the sentence. Any applicant who was evicted from federally assisted housing because of drug-related criminal activity involving the illegal manufacture, sale, distribution, or possession with the intent to manufacture, sell, distribute a controlled substance is denied admission for a five-year period beginning from the date of the eviction.
Any applicant evicted from federally assisted housing because of drug-related criminal activity involving personal use or possession for personal use of a controlled substance is generally denied admission for three years from the date of eviction. Any Applicant convicted of a felony for fraud, bribery or corruption is denied admission for two-years from the time of the conviction.
Applicants with one or more convictions within the last two years for a felony for non-violent criminal activities, or who demonstrate a pattern of three or more non-violent criminal incidents are denied admission for two year
PHA has the discretion to deny assistance to individuals based on any of the following:
a. Having committed fraud, bribery, or any other corruption in connection with any
federal housing assistance program at any time;
b. A history of disturbing neighbors or destruction of property;
c. A history of criminal activity involving crimes of physical violence against persons or property and any other criminal activity, including drug-relatedcriminal activity at any time;
d. Currently (including the last 12 months) engaging in illegal use of a drug.
e. Having a felony conviction for illegal drug use within the previous two-year period, or three or more incidents involving drug use within the previous two-year period;
f. Having engaged in threatening or violent behavior towards any Housing Department staff or residents.
g. The PHA has discretion to approve applicants evicted from federal housing because of drug related criminal activity involving personal use or possession for personal use of a controlled substance based on successful completion of a supervised drug or alcohol rehabilitation program.
Mesa, Tempe
Any applicant convicted of a sex crime who is not required to register as a sex offender is denied admission for a period of five years, beginning from the completion of the sentence.
Any applicant who has been arrested for anything involving drug-related criminal activity or violent criminal activity is denied admission for a period of five years beginning from the date of sentencing or end of prison term, whichever is later.
Any applicant who has been evicted from federally assisted housing for drug-related criminal activity is denied admission for a five-year period beginning from the date of eviction.
Mesa
The PHA only has discretion to approve an applicant convicted of a sex crime within the past five years if no felony charges were brought in those five years.
The PHA has discretion to approve an applicant who has been arrested for a drug related criminal activity and is still serving the sentence, before the five-year period is up, only if the applicant is participating in or has successfully completed a supervised drug or alcohol rehabilitation program, or has otherwise been rehabilitated successfully.
The PHA has discretion to approve an applicant who has been arrested for a violent criminal activity before the five-year period is up, only if the applicant has served the sentence and/or successfully completed the program.
The PHA has discretion to deny assistance to any applicant currently engaged in criminal activity which may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents.
Tempe
An applicant who is currently engaged in criminal activity which may threaten the health, safety, or right to peaceful enjoyment by other residents may be denied admission.
The PHA has discretion to determine this standard
Glendale
Any applicant who has been evicted from federally assisted housing for drug related criminal activity is generally denied admission for five years, beginning from the date of eviction
The PHA has discretion in reviewing the extent of participation or culpability of applicants and the length of time since the violation occurred in determining eligibility of applicants. Reasons for ineligibility may include:
a. A pattern of alcohol abuse that threatens health, safety, or peaceful enjoyment of the premises for other residents;
b. Any alcohol-related criminal activity on or near the premises within a five-year period;
c. A pattern of criminal involvement within the past five years;
d. Any history of fraud in connection with federally assisted housing;
e. Any history of threats violence toward PHA personnel;
f. Actual physical abuse or violence toward anyone.
The PHA has the discretion to determine whether there is reasonable cause to believe that an applicant’s criminal activity may threaten the health and safety of other residents, staff, and PHA employees.
The PHA has discretion to determine whether an applicant should be denied admission based on previous drug-related criminal activity, illegal drug use, or violent criminal activity, or whether a reasonable amount of time has passed and the applicant should be admitted
Temporary Housing Denial
Civil Disabilities
In addition to the direct consequences of a criminal conviction such as a prison sentence, probation period, and/or fine, an ex-offender in Arizona faces restrictions and limitations on civil privileges, such as jury service, commercial driver’s licenses, firearm possession, and voting. Individuals convicted of felony offenses are prohibited by federal law from serving in the United States Military. This subsection spells out these restrictions.
Civil Disabilities
Drivers License
Class D Vehicle Driver’s Licenses
Under 23 U.S.C. section 159, each state is required to either revoke driver’s licenses of drug offenders of complete an annual certification that they do not wish to revoke driver’s licenses—if they fail to do one or the other, they lose highway funds.
Arizona has opted for the latter. At this time, there is no driver’s license revocation for those convicted of a drug offense.
Commercial Driver’s Licenses
In the state of Arizona, there is a broad range of offenses that lead to the disqualification of a commercial driver’s license, each resulting in varying lengths of suspension time. An individual must be disqualified from driving a commercial vehicle for one year if:
1) The individual is convicted of a first violation of any of the following:
(a) Driving a commercial motor vehicle under the influence of intoxicating liquor or a controlled substance or while having an alcohol concentration of 0.04 or more.
(b) Leaving the scene of an accident involving a motor vehicle driven by the person.
(c) Using a motor vehicle in the commission of a felony.
(d) A violation of Chapter 4, article 3 of this title while operating a noncommercial motor vehicle. Ariz. Rev. Stat. § 28-3312((A)(1))
A violation of Chapter 4, article 3 of this title includes:
driving under the influence of intoxicating liquor, any drug, or vapor releasing substance containing toxic substance or any combination of liquor, drugs or vapor releasing substance if the person is impaired to the slightest degree, having a blood alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.Ariz. Rev. Stat. § 28-1381(A).
An individual will be disqualified from driving a commercial vehicle for the life of the person if the person is convicted of two or more of the offenses listed in paragraph 1 or of any combination of those offenses arising from two or more separate incidents.
The department only considers offenses committed from and after December 31, 1989 in applying this paragraph. Ariz. Rev. Stat. § 28-3312((A)(3)).
An individual will also be disqualified from driving a commercial vehicle for the life of that person if the person uses a commercial vehicle in the commission of a felony involving the manufacture, distribution or dispensing of a controlled substance or possession with intent to manufacture, distribute or dispense a controlled substance.
Ariz. Rev. Stat. § 28-3312((A)(4)).
A person shall be permanently disqualified from driving a commercial motor vehicle if the person uses a noncommercial motor vehicle in the commission of a felony more than once.
Ariz. Rev. Stat. § 28-3312((E)(3)
Class D and Commercial Drivers License
Resources
Collateral Consequences Resources
Justice Center: The Council of State Governments
Click on the map to choose Arizona, enter the type of crime, and the collateral consequences triggered will come up. https://niccc.csgjusticecenter.org/map/
Arizona Collateral Consequences Resource
Collateral Consequences of Criminal Convictions Training PowerPoint:
http://moss.maricopa.gov/dept/publicdefender/cr/cdpt/sentencing/misc/Forms/AllItems.aspx
Restoration of Rights Sessions http://www.clerkofcourt.maricopa.gov/CATALOG.htm
Collateral Consequences Materials on the Office of the Public Advocate Website
Information on the Website of the Maricopa County Public Defender
Collateral Consequence Resource Center http://ccresourcecenter.org/resources-2/state-specific-resources/
American Bar Association Collateral Consequences Resource Center:
Provides State-specific analysis of collateral offenses regarding specific offenses:
http://www.abacollateralconsequences.org/map
Collateral Consequences of Convictions in Arizona:
University of Arizona paper exploring collateral consequences of Arizona convictions. Provides local municipality, state, and federal consequences.
http://moss.maricopa.gov/dept/publicdefender/cr/cdpt/sentencing/misc/Forms/AllItems.aspx
Resources for Collateral Consequences in Immigration Cases
The Florence Immigrant and Refugee Rights Project http://www.firrp.org/resources/criminaldefense/
Immigrant Defense Project
Immigration Legal Resource Center http://www.ilrc.org/crimes
Collateral Consequences Resources