Arizona Central Registry Exception
A Central Registry Exception is for individuals who are listed on the CPS central registry. After receiving an application the Board will conduct an expedited review. The Arizona Board of Fingerprinting determines whether to grant a central registry exception within twenty days of receiving the application. Chelle Law handles Arizona Central Registry Exception applications with the Arizona Fingerprint Board. Fingerprint Clearance Card hearing lawyers.
Arizona Central Registry Hearing
The Board may grant a central registry exception at a hearing if the individual can show the Board the person has been successfully rehabilitated. The Board may also consider the person’s criminal record when determining if a person has been successfully rehabilitated or not.
After the hearing the Board will either grant or deny a central registry exception. This usually happens within eighty days after the hearing.
Central Registry Hearing Factors
Before granting a central registry exception at a hearing the Board considers any and all of the following:
1. Extent of the person’s central registry records.
2. Length of time that has elapsed since the abuse or neglect occurred.
3. The nature of the abuse or neglect.
4. Any applicable mitigating circumstances.
5. The degree to which the person participated in the abuse or neglect.
6. The extent of the person’s rehabilitation, including:
- Evidence of positive action to change the person’s behavior. This can include the completion of counseling, drug treatment, domestic violence counseling or a parenting program.
- Personal references attesting to the person’s rehabilitation.
How Long Does the Process Take?
The length of the process can depend on a number of factors. Here’s how the process usually works. Once the Board receives a complete application package they conduct an expedited review. This usually occurs within 20 days of receiving the package and criminal records from the DPS.
At the expedited review, the Board either grants you a fingerprint clearance card or they will schedule you for a hearing. If you must appear at a hearing, the process may take an additional three to four months.
Factors affecting the length of processing time include:
- Whether your application is complete on submission. An incomplete application package will delay your appeal.
- The amount of time you spend completing your application.
Good Cause Exception
Applicants will have the Arizona Board of Fingerprinting assess their Good Cause Exception application. To do this, they must comply with a fairly comprehensive application package. Failure to understand good cause exception application requirements or to submit a complete application package will delay the process. It can also ultimately result in the denial of your application.
The necessary components of an application package
- Application Form. Applicants should answer ALL of the questions. It will require a statement from the applicant and each arrest embedded on one’s criminal record. A description of lifestyle changes may also be included. Once complete, have the document signed and notarized.
- Letter of Reference Coming From Two Sources. The Board will supplement these forms, which must then be completed. The Board will expect applicants to provide a minimum of two completed forms.
- Reference requirements:
- The individual must know the applicant for a minimum of one (1) year. Must be qualified to write a letter of reference.
- A current employer or someone who has known the applicant for a period of three (3) years may complete the second form. These individuals should also be qualified to write a letter of reference.
- Reference requirements:
- Evidence Applicant Has Completed Sentencing Terms. The applicant must prove his/her sentencing terms are complete. This can be probation, pardon, parole, restitution, counseling, educational service classes, incarceration, or community service. The applicant will also need to supply a document evidencing its completion. If sentencing requirements are not yet complete, the applicant may provide written statements such progress accomplished.
- Police reports. This may not apply to all applicants. However, some may be asked to provide a police report for each arrest occurring within five (5) years of the denial (or suspension) of fingerprint clearance. Applicants must do this even if :
- The arrest did not manifest in the DPS letter.
- Regardless of conviction.
- Disposition Information. Should an applicant’s suspension or denial letter indicate the DPS cannot look for the disposition of an arrest, an applicant will then need to provide court documentation specifying such disposition. Should the applicant contact the proper court and it states it has no record, they will then need to obtain a statement from the court indicating it has no record.
- Adult Protective Services / Child Protective Services: It’s a mandatory requirement all applicants disclose they have a standing allegation of abuse and/or neglect of child or adult, whether it lead to criminal charges or not. If the applicant has an allegation relating to child or adult abuse/neglect, the applicant must then contact Child Protective Services (“CPS”) or Adult Protective Services (“APS”) to request for a copy of the final report on such allegation. It will need to be submitted to the Board and paired with a written explanation of such allegation.
Lawyer for Fingerprint Clearance Card
If you would like to set up a consultation with Chelle Law or learn more about the services our Arizona Fingerprint Card Attorney provides reach out to us today.