Arizona Fingerprint Card Attorney | Fingerprint Card Lawyer
Chelle Law’s Arizona Fingerprint Clearance Card Attorney assists Arizona residents who must have an active Arizona Fingerprint Clearance Card prior to licensure, certification or employment. Your licensing, certifying or authorizing agency, board or employer can advise whether you need a fingerprint clearance card. Contact an Arizona Fingerprint Card Attorney with Chelle Law at 602.344.9865. We handle all Arizona Board of Fingerprinting matters.
In Arizona, many educators or health care providers must have a valid fingerprint card so they can practice in the state. The Arizona Department of Public Safety (DPS) has a Fingerprint Division which processes all applications for the fingerprint clearance card. This requirement helps to ensure vulnerable populations are safe and nurses are fully qualified to care for them. Chelle Law can assist with:
- Good Cause Exceptions
- Central Registry Exceptions
- Fingerprint Board Hearings
- Clearance Card Denial or Suspensions
- Card Applicant Criminal History
How to Obtain a Card
To obtain a fingerprint clearance card, a nurse must fill out an application and send to the Arizona Board of Fingerprinting. Included with the application must be a set of fingerprints. After receiving this the board determines if the applicant has passed the background check.
If there are no offenses that show up on the background check, the nurse will receive a fingerprint clearance card and be able to get a nursing license. However, if offenses are found on state or federal records, the DPS will check to see what the disposition of the case was. If the disposition indicates the case was dismissed the board will issue a card. Should there be a conviction on the record, they will deny a fingerprint clearance card.
When is a Fingerprint Card Denied?
A fingerprint clearance card is denied when there are certain offenses that would show risky conduct on the part of the applicant. These offenses include such things as robbery, welfare fraud, child abuse and possession of a controlled substance.
Fingerprint Card Criminal History
The Board applies the following criteria to the particular circumstances of your case and Arizona Fingerprint Card Criminal History when determining a good cause exception. The Board also considers any substantiated allegations of minor child abuse or neglect made by Child Protective Services or a similar child welfare agency in another state. The Board must consider all of the following criteria in determining good-cause if initially denied:
- The extent of the person’s criminal record and offenses (misdemeanor or felony).
- Length of time since the offense.
- The nature of the crimes committed (some sexual crimes can preclude getting a card).
- Any applicable mitigating circumstances.
- The degree to which the person participated in the offense.
- The extent of the person’s rehabilitation (for instance, from drug possession), including:
- Completion of probation, parole or community supervision (like involving alcohol awareness for a DUI).
- Whether the person paid restitution or other compensation for the offense (like property damage during domestic violence).
- Evidence of positive action and use of resources to change criminal behavior, such as completion of a drug treatment program or counseling.
- Personal references attesting to the person’s rehabilitation without exception.
Good Cause Exception
In Arizona, there’s something called good cause exception. This can help a nurse keep his or her license even when a violation has shown up on a background check. The applicant will need to apply for such with the Arizona Board of Fingerprinting. There are strict guidelines, but it is possible to get a fingerprint card through the Board with this application.
The Board will look at a number of circumstances in order to determine whether they should issue the card. They look at the extent of criminal activities on the record and the time that has gone by since the offense occurred. They will look at any mitigating circumstances as well and if the applicant has shown evidence of rehabilitation.
It is possible to get an expedited review of an application. It must done within 20 days of receiving the application and records from your attorney. At this expedited review, the Board will possibly go ahead and grant a fingerprint clearance card but if not, they will schedule a hearing. This can take an additional 3 to 4 months.
Status of Arizona Fingerprint Case
Board staff will not share information about a case with anyone but the applicant, unless the staff has received explicit, written permission to share information. The written permission must state:
- Whom the staff can share information with
- Signature of the applicant
- Current date
- An applicant’s case status update will not be provided by e-mail unless there has been an authorization form submitted.
Board Hearing with Attorneys
When an applicant for a good cause exception has been denied this initial application, they will automatically get a hearing by an administrative law judge. Usually when this happens when the application has been denied because there is a legal case pending with the applicant or the terms of probation are not complete. The applicant must appear in person at the hearing and arrive at the time the notice states.
The hearing will cover the following topics:
- Current criminal history
- Past criminal history
- Actions taken for rehabilitation if any
- Probation requirements
- What you learned from probation
- Explanation why you should get a fingerprint clearance card
Applicant Team Reviews Criminal History
The Applicant Clearance Card Team (ACCT) receives applications and reviews criminal history (including felony and misdemeanor charges) records of applicants using fingerprint analysis to determine their suitability to receive a fingerprint clearance card. The ACCT also periodically updates the status of current fingerprint clearance cards. The stated mission of the ACCT is to assist in the protection of vulnerable citizens. They do this through the collection and analysis of criminal history record information. From here the ACCT determines if the applicant is fit to provide services to at-risk groups. Frequent crimes reviewed:
- Driving Related Crimes involving Substance Abuse
- Crimes that resulted in trial
- Assault
- Domestic Violence
- ARS violations
- DPS violations
Fingerprint Clearance Card Application Problems
If an applicant is found to have a criminal history or they have been placed on the Child Protective Services Central Registry they will have to apply (and obtain) an exception (good cause or central registry) from the Arizona Board of Fingerprinting.
- What to do if your card is Suspended
- What to do if your fingerprint application is Denied
Arizona Fingerprint Identity Verified Prints
Some applicants may need Identity Verified Prints, which require an extra step. An Identity Verified Print requires the verification of identity of the applicant. To do this there is a comparison of information on a photo identification against information on the application form and fingerprint card. The person taking the fingerprints will provide on the application a description of the photo identification presented by the applicant. A complete fingerprint card application form or any other form required by the department of public safety, along with the fee provided by the applicant, is sent via mail to the fingerprinting division in the department of public safety. This means the technician taking the fingerprints must mail the fingerprint card directly to the Arizona Department of Public Safety.
Central-Registry Exception:
Individuals with substantiated allegations of child/adult abuse or neglect are listed in the Department of Child Safety Central Registry or Adult Protective Services Registry. When the Board reviews applications from individuals who have been disqualified after a central-registry background check, the applicant can apply for central-registry exception. To do so, the applicant must demonstrate their rehabilitation and haven’t had additional substantiated allegations.
Lawyer for Arizona Fingerprint Card
Chelle Law will provide legal representation when you need to appear before the Arizona Board of Fingerprinting. Our legal team helps to aggressively fight to obtain fingerprint clearance cards. Call us today in order to set up a consultation. You can appeal decisions which have denied you a card.
If you’re interested in setting up a consultation with a lawyer from Chelle Law or learning more about any of the services our Arizona Fingerprint Clearance Card Attorney can provide to Arizona residents reach out to us today.
Read what Lance had to say about us on Google:
“Chelle Law helped me get my fingerprint card when I thought it was not possible. I had problems with my background but I didn’t want to give up my dream of working in the medical field. Thanks to their expertise I have a chance to pursue the career I wanted. They were very easy to work with and I highly recommend them!”
Lance W., October 2020, Rating: 5/5 ⭐⭐⭐⭐⭐
