Arizona Fingerprint Card Attorney | Fingerprint Card Lawyer
Chelle Law’s Arizona Fingerprint Clearance Card Attorney assists Arizona residents with an active Arizona Fingerprint Clearance Card before 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 to practice in the state. The Arizona Department of Public Safety (DPS) has a Fingerprint Division that processes all fingerprint clearance card applications. This requirement helps ensure that vulnerable populations are safe and that nurses are fully qualified to care for them.
Chelle Law can assist with the following:
- 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 it 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 no offenses show up on the background check, the nurse will receive a fingerprint clearance card and be able to get a nursing license.
However, if violations are found on state or federal records, the DPS will check to see the case’s disposition. The board will issue a card if the disposition indicates the case was dismissed. They will deny a fingerprint clearance card if there is a conviction on the record.
When is a Fingerprint Card Denied?
A fingerprint clearance card is denied when certain offenses show risky conduct on the applicant’s part. These offenses include 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 a good cause exception. It can help a nurse keep their license even when a violation has shown up on a background check. The applicant must apply for such with the Arizona Board of Fingerprinting. There are strict guidelines, but getting a fingerprint card through the Board is possible with this application.
The Board will look at several circumstances to determine whether they should issue the card. They look at the extent of criminal activities on the record and the time since the offense occurred. They will also look at any mitigating circumstances and if the applicant has shown evidence of rehabilitation.
It is possible to get an expedited review of an application. One must do it within 20 days of receiving the application and records from your attorney. The Board may grant a fingerprint clearance card at this expedited review, but if not, they will schedule a hearing. It 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 authorization must state the following:
- Whom the staff can share information with
- Signature of the applicant
- Current date
They will not provide an applicant’s case status update by e-mail unless an authorization form is 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, this happens when the application has been rejected because there is a legal case pending with the applicant. Or the terms of probation are incomplete. 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
- An explanation of 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 for 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 protecting vulnerable citizens. They do this through the collection and analysis of criminal history record information. From here, the ACCT determines if the applicant can provide services to at-risk groups.
Frequent crimes reviewed are the following:
- Driving Related Crimes involving Substance Abuse
- Crimes that resulted in a trial
- Assault
- Domestic Violence
- ARS violations
- DPS violations
Fingerprint Clearance Card Application Problems
Suppose an applicant is found to have a criminal history or they have been placed on the Child Protective Services Central Registry. In that case, 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 involves the verification of the identity of the applicant. To do it, there is a comparison of information on photo identification against data on the application form and fingerprint card.
The person taking the fingerprints will describe the photo identification presented by the applicant on the application.
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. It means the technician taking the fingerprints must mail the fingerprint card directly to the Arizona Department of Public Safety.
Central-Registry Exception:
The Department of Child Safety Central Registry or Adult Protective Services Registry lists individuals with substantiated allegations of child/adult abuse or neglect. The applicant can apply for a central-registry exception when the Board reviews applications from individuals disqualified after a central-registry background check. 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 fight to obtain fingerprint clearance cards aggressively. Call us today to set up a consultation. You can appeal decisions that have denied you a card.
Contact us today 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.
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 ⭐⭐⭐⭐⭐
