Arizona Clearance Card Lawyers | Fingerprint Clearance
One valid reason for an applicant for a fingerprint clearance card to receive an Arizona Fingerprint Card Denial is past criminal incidents (this includes convictions in other states besides Arizona).
An Arizona fingerprint clearance card applicant with the Arizona Department of Public Safety (DPS) will assess the state and federal criminal history record and contrast it with the list of precluded offenses. If the offense is on the list, DPS automatically denies such an application.
Automatic Denial of Arizona Fingerprint Clearance Card
DENIAL: Individuals submit their applications to the Department of Public Safety (DPS) with the fingerprint imprint. It happens regardless of if it’s a Level I fingerprint clearance card or a standard fingerprint clearance. DPS then conducts a background investigation on your criminal history statewide and nationwide. If there are arrests on your record, DPS counter-checks your criminal convictions with the list that can cause a possible denial of your clearance card.
These include theft, drug offenses, homicide, assault, and more. These are “precluded offenses.” If a person’s criminal record has precluded offenses, DPS determines whether the disposition is dismissal, conviction, or default.
If there is a conviction: DPS will deny the fingerprint clearance card without the chance to appeal.
Often, the criminal record doesn’t specify the type of disposition. When this happens, DPS performs thorough research with the help of different law enforcement agencies. It allows them to know how the case became final.
Within 30 days after the investigation, and DPS still does not know such disposition, there will be a DENIAL of the fingerprint card. Almost all denials still have a remedy of applying to the Board of Fingerprinting for a good cause exception.
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.
What is an Arizona Fingerprint Clearance Card?
Who needs it, and why might you need a good cause exception?
The Arizona Department of Public Safety issues fingerprint clearance cards, and I believe it’s around 52 organizations that require that if someone is going to be employed with that agency, they pass a background check and have the fingerprint clearance card.
How would someone go about getting the card? They would get fingerprinted, and the DPS would run those fingerprints for past criminal incidents. Then, if something does show up from your past, the fingerprint clearance card will be denied, and you’ll have the opportunity to file a good cause exception with the Arizona Board of Fingerprinting.
The good cause exception process is simple. You must gather all your criminal documents, write a personal statement, get a couple of letters of support, get everything notarized, and then send it back to the Board. And then, usually, they would have 20 days through an expedited review to decide whether to grant the good cause exception right then.
In some circumstances, they might forward it to a hearing in front of an administrative law judge.
Some issues that arise are either getting the card or losing it. If you have a fingerprint clearance card and a subsequent criminal charge or conviction, they can suspend your card, and you would have to apply for a good cause exception to get it back.
There are also some crimes where you cannot get a card no matter what. Those are called precluded offenses like child abuse and murder—like the bad ones. One can do nothing if it is listed in the Arizona revised statutes as a precluded offense, and you will not get the fingerprint clearance card here in Arizona.
Now, if you apply for a good cause exception and it is granted, you’re good to go. Not that the Board would deny any past criminal incident, but the precluded offenses would.
So, that’s a bit brief description of Arizona Fingerprint Clearance Cards. Essentially, it’s just a way to do a background check on people’s past criminal incidents if they’re working with vulnerable adults, children, education, law enforcement, or that type of thing.
Consultation with Chelle Law Fingerprint Card Attorney
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.
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 ⭐⭐⭐⭐⭐
