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Arizona Clearance Card Lawyers

Arizona Clearance Card Lawyers

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 beside Arizona).  An applicant for an Arizona fingerprint clearance card 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 included in the list, DPS automatically denies such application.

Automatic Denial of Arizona Fingerprint Clearance Card

DENIAL: Individuals submit an application to the Department of Public Safety (DPS) with the fingerprint imprint. This 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. In the event there are arrests on your record, DPS counter-checks your criminal convictions with the list that can cause possible denial of your clearance card. Some of these include theft, drug offenses, homicide, assault, and more. These are “precluded offenses.”  In the event a person’s criminal record has precluded offenses, DPS works to find out if the disposition is dismissal, conviction or default.

If there is a conviction: DPS will deny the fingerprint clearance card without the chance to appeal.

Oftentimes, 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. This 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 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:

  1. The extent of the person’s criminal record  and offenses (misdemeanor or felony).
  2. Length of time since the offense.
  3. The nature of the crimes committed (some sexual crimes can preclude getting a card).
  4. Any applicable mitigating circumstances.
  5. The degree to which the person participated in the offense.
  6. The extent of the person’s rehabilitation (for instance, from drug possession), including:
    1. Completion of probation, parole or community supervision (like involving alcohol awareness for a DUI).
    2. Whether the person paid restitution or other compensation for the offense (like property damage during domestic violence).
    3. Evidence of positive action and use of resources to change criminal behavior, such as completion of a drug treatment program or counseling.
    4. Personal references attesting to the person’s rehabilitation without exception.

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.

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 ⭐⭐⭐⭐⭐

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If you are in need of assistance or would like to hear more about the services we offer contact Chelle Law today!

Links of Interest

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  • What Past Crimes Prevent a Clearance Card?
  • Clearance Card Denial or Suspension

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Scottsdale, AZ 85254

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5425 E. Bell Rd, Ste 107, Scottsdale, AZ 85254

info@chellelaw.com

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  • Sara Stark, Esq. Attorney
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