Arizona Clearance Card Criminal History

The Board applies the following criteria to the particular circumstances of your case and 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. Chelle Law assists with Arizona Clearance Card Criminal History analysis. Learn what crimes lead to a fingerprint card denial or suspension. 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.

For may professions in Arizona, the Arizona Revised Statutes require individuals to have an active fingerprint clearance card prior to getting their license or being hired.  To do this, an individual must complete a state and federal criminal history report. The Arizona Department of Public Safety will then compare the record with a list of criminal offenses. These offense would prevent an applicant from receiving a fingerprint clearance card. So long as the Fingerprint Card Criminal History record does not contain any of the offenses listed below, the division will issue the person a fingerprint clearance card.

Automatic Fingerprint Card Denial Criminal Offenses

A person who is subject to registration as a sex offender in this state or any other jurisdiction or who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the following offenses in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a fingerprint clearance card pursuant to ARS 41-1758.03:

1. Sexual abuse of a vulnerable adult.
2. Incest.
3. First or second degree murder.
4. Sexual exploitation of a minor.
5. Sexual exploitation of a vulnerable adult.
6. Commercial sexual exploitation of a minor.
7. Commercial sexual exploitation of a vulnerable adult.
8. Child sex trafficking as prescribed in section 13-3212.
9. Child abuse.
10. Abuse of a vulnerable adult.
11. Sexual assault.
12. Molestation of a child.
13. Molestation of a vulnerable adult.
14. A dangerous crime against children as defined in section 13-705.
15. Exploitation of minors involving drug offenses.
16. Taking a child for the purpose of prostitution as prescribed in section 13-3206.
17. Neglect or abuse of a vulnerable adult.
18. Sex trafficking.
19. Sexual abuse.
20. Production, publication, sale, possession and presentation of obscene items as prescribed in section 13-3502.
21. Furnishing harmful items to minors as prescribed in section 13-3506.
22. Furnishing harmful items to minors by internet activity as prescribed in section 13-3506.01.
23. Obscene or indecent telephone communications to minors for commercial purposes as prescribed in section 13-3512.
24. Luring a minor for sexual exploitation.
25. Sexual conduct with a minor.
26. Enticement of persons for purposes of prostitution.
27. Procurement by false pretenses of person for purposes of prostitution.
28. Procuring or placing persons in a house of prostitution.
29. Receiving earnings of a prostitute.
30. Causing one’s spouse to become a prostitute.
31. Detention of persons in a house of prostitution for debt.
32. Keeping or residing in a house of prostitution or employment in prostitution.
33. Pandering.
34. Transporting persons for the purpose of prostitution, polygamy and concubinage.
35. Portraying adult as a minor as prescribed in section 13-3555.
36. Admitting minors to public displays of sexual conduct as prescribed in section 13-3558.
37. Unlawful sale or purchase of children.
38. Child bigamy.
39. Trafficking of persons for forced labor or services.

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.

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.