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.

What criminal history matters about getting a good cause exception with the Arizona Fingerprint Board?  The Board of Fingerprinting will flag any type of arrest. So, if you’re applying for a clearance card and you have any criminal history, any arrests, and even if you are never convicted, or charges were never even filed, it’s likely that the board will flag it. You’ll receive a denial letter that will have those arrests listed on that denial letter. At this point, sometimes individuals like to go on their own, or they have our firm represent them during the application process. You have a duty to disclose any additional criminal history not listed on the denial letter. This can be hard for some people because they may need to remember the dates and times. However, our firm has databases that we can run reports through, which would show any criminal history, so we could disclose them for you.

Then you do need to disclose, as I said, all criminal history, and you need to have all supporting documents. If the arrest or incident happened within five years, you must have an official police report. You need to have all the official court documents for any offenses outside that five years. I’ve stated in some of my other blogs that it has to be the official court documents. It has to have a seal on it, and the documents must show all stages of your offense. So, were you charged? Were charges dropped? Did you plead guilty? Were you found innocent? Were you sentenced? What were you sentenced to? Did you fulfill that sentence? If probation was granted, did you meet all your requirements, and has the probation been lifted? 

The board finds it essential that nothing is pending out there. Another thing that we’ve seen clients need to remember sometimes is fees or fines. You need to make sure that those are paid and that you have official documentation stating that all of those have been taken care of. So, that’s the documents you need for any type of criminal offense. Also, with state agencies, if there are any findings of a substantiated claim of child abuse, adult abuse, or elder abuse, you would need to supply the investigative report from those agencies. Now, taking criminal history in general, just because you have a criminal history doesn’t mean that you won’t be granted a good cause exception.

If you have any type of criminal history that is on the precluded offenses list, which is in the Arizona State statutes, and just to sum those up, it’s any time a child is a victim of criminal abuse, sexual abuse of any age, elder abuse, or highly violent crimes; then it is likely that criminal history will preclude you from getting your fingerprint clearance card. However, if you just have a regular misdemeanor or DUI where no children or minors were involved, you have shown that you have been rehabilitated, and you have fulfilled all the requirements of supporting documents, you would likely be granted a good cause exception. Sometimes if the board is unsure of your criminal history, they may send your good cause exception to an administrative law hearing where you would meet before a judge and supply any additional documentation. The judge may ask you some questions. You can have an attorney represent you as well.

And again, that judge would make a finding of facts and conclusions of law. If they feel like you have been rehabilitated and they feel you should be granted your clearance card, then that would go to the board.  They would either uphold the recommendation of the administrative law judge, amend it, or simply disagree with the judge’s findings. But that’s rare.  Again, just in summary, a lot of people have a criminal history. It’s just important the board is looking that you’re disclosing everything, you have supplied them with all the official documents, and your criminal history is not on the precluded list of those offenses. And that you’ve rehabilitated, have taken responsibility for your actions, and it’s not going to happen again. Then your criminal history is unlikely to stop you from getting your 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.

Can I Get a Fingerprint Clearance Card with a DUI?

Can someone with a DUI get an Arizona Fingerprint Clearance Card? The answer is most likely yes. However, as with any arrest or criminal history, you would probably be denied with your application for an Arizona Fingerprint Clearance Card and have to ask for a good cause exception. Now, under most circumstances, it’s likely that you would be granted the good cause exception if you can show the fingerprint board that there’s nothing pending. You’re not awaiting trial, everything has happened, and you fulfilled your sentence requirements like fines, court-ordered classes, or substance abuse treatment, things like that; all of that has been fulfilled. You will also need to explain or show the board that you have been rehabilitated so that this will not happen again. And then you also need to attach official court documentation showing every stage of the process, from the arrest to the fulfillment of your sentence.

Other things to consider, though, are if there was any physical harm during the DUI. If any children were involved, those would be aggravating factors that would likely cause your good cause exception to go to a hearing with an administrative law judge. So, for anything with children or anything that’s still pending, there could be some additional hurdles to getting that good cause exception and your fingerprint clearance card. In summary, if you have a DUI taken care of, it’s done and over with. You’ve completed any sentence or anything that the court mandates. You’ve shown the board that you are rehabilitated, that this will not be happening again, learned from this experience, and taken responsibility for your actions. As long as no children were involved and there was no physical harm to any others, it is likely that you would be granted a good cause exception. And therefore, like I said, getting your fingerprint clearance card.

Another thing to remember, though, is if your DUI has taken place within five years of the time that you’re applying, you not only have to supply court documents, but you will also have to attach with your application police reports from that incident. And then, of course, you’ll have to fill out the application with all your personal information and then attach at least two letters of reference. Again, this helps show that you have been rehabilitated, learned from these past mistakes, and taken responsibility for them.

Hold your horses! You got a DUI? Driving under the influence (getting a DUI) is not a precluded offense. However, any individual who has gotten a DUI within five years of completing their fingerprint clearance card application will face regulation from driving as part of his or her employment. For example, an assistant coach cannot drive the members of the football team using the school district van. See ARS 41-1758.03 (d).

Let’s start from the beginning. Individuals must pass a background check with the Arizona DPS.  This background check shows the board and DPS there are no standing criminal charges or convictions. In the event an individual has an arrest on their record, they must abide by procedure. The process begins with authorities notifying the DPS of the arrest. Depending on the charge, if someone has a fingerprint clearance card, it can result in a suspension or restriction on the card. Many must manage a card in order to have employment in their field. Ergo, if they face fingerprint clearance card suspension, they will be unable to obtain employment in their specific position. Will your Arizona Fingerprint Clearance Card be affected by a DUI charge or conviction? There are, in fact, other security clearances or professions that can face challenges if they receive a DUI conviction.

Say for example, a professor or a teacher in childcare needs a fingerprint clearance card. The law requires a restriction on the card. This restriction being an individual cannot drive in the said capacity for a total of five years. If an arrest or conviction materializes they’ll be unable to drive for five years from the time of the arrest. Worst case, the individual can part ways with their job.

Many individuals do not foresee the effect on the fingerprint clearance card. Even if it will not end up in suspension, a restriction can also have an adverse effect on somebody’s life. To put it plainly, the loss or restriction of the fingerprint clearance card can be serious.

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.