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.

Things to Consider in Getting a Fingerprint Clearance Card with a DUI?

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.

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.

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.

Consultation with Chelle Law Attorney

If you’re interested in learning more about if you can get a fingerprint clearance card with a DUI or setting up a consultation with Chelle Law reach out to us today.