Arizona Good Cause Exception

If you have been denied a Fingerprint Clearance Card, don’t panic. You may qualify for good cause exception. The first steps to achieving good cause exception is knowing the good cause exception application requirements.

Applicants will have the Arizona Board of Fingerprinting assess their application. To do this, they must comply with a fairly comprehensive application package. Failure to understand good cause exception application requirements or to submit a complete application package will delay the process. It can also ultimately result in the denial of your application.

The necessary components of an application package

• Application Form. Applicants should answer ALL of the questions. It will require a statement from the applicant and each arrest embedded on one’s criminal record. A description of lifestyle changes may also be included. Once complete, have the document signed and notarized.
• Letter of Reference Coming From Two Sources. The Board will supplement these forms, which must then be completed. The Board will expect applicants to provide a minimum of two completed forms.
  • Reference requirements:
    • The individual must know the applicant for a minimum of one (1) year. Must be qualified to write a letter of reference.
    • A current employer or someone who has known the applicant for a period of three (3) years may complete the second form. These individuals should also be qualified to write a letter of reference.
• Evidence Applicant Has Completed Sentencing Terms. The applicant must prove his/her sentencing terms are complete. This can be probation, pardon, parole, restitution, counseling, educational service classes, incarceration, or community service. The applicant will also need to supply a document evidencing its completion. If sentencing requirements are not yet complete, the applicant may provide written statements such progress accomplished.
• Police reports. This may not apply to all applicants. However, some may be asked to provide a police report for each arrest occurring within five (5) years of the denial (or suspension) of fingerprint clearance. Applicants must do this even if :
  • The arrest did not manifest in the DPS letter.
  • Regardless of conviction.
• Disposition Information. Should an applicant’s suspension or denial letter indicate the DPS cannot look for the disposition of an arrest, an applicant will then need to provide court documentation specifying such disposition. Should the applicant contact the proper court and it states it has no record, they will then need to obtain a statement from the court indicating it has no record.
• Adult Protective Services / Child Protective Services: It’s a mandatory requirement all applicants disclose they have a standing allegation of abuse and/or neglect of child or adult, whether it lead to criminal charges or not. If the applicant has an allegation relating to child or adult abuse/neglect, the applicant must then contact Child Protective Services (“CPS”) or Adult Protective Services (“APS”) to request for a copy of the final report on such allegation. It will need to be submitted to the Board and paired with a written explanation of such allegation.

Arizona Fingerprint 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. 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.

Length of Good Cause Exception with the Board

The length of the good-cause process depends on a number of factors. However, from the time the Board receives a complete application package and court documents, the Board will conduct an expedited review within 20 days.  Take note, if applying for licensure with another Board.

Arizona Expedited Review for Clearance

At the expedited review, the Board will either grant you a fingerprint clearance card or schedule you for a good cause exception hearing. If you must appear at a hearing, the process may take an additional three to four months. Other factors that may affect the length of processing time include the following, among others.

• Whether your good-cause exception application is complete on submission. Incomplete applications will delay your appeal.
• The amount of time you spend completing your good cause exception 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.