Good Cause Exception Expedited Review
When you are denied a fingerprint clearance card or have one facing suspension by the Arizona Department of Public Safety (DPS) you can apply for a good cause exception. To do so you have to ensure you’re eligible to apply as evidenced by a letter from DPS. The Board requires two reference forms, as well any additional requirements if need be. Contact Chelle Law for assistance with an Arizona Good Cause Exception Expedited Review at 602.344.9865. We handle all Fingerprint Board issues.
Initial Review of Good Cause Application
Consequently, the Arizona Board of Fingerprinting conducts an initial assessment (an Arizona Good Cause Exception Expedited Review) of complete applications. During the expedited review your application (including a personal statement) will be scrutinized. Keep in mind there’s no special request for an expedited review. This examination of documents and criminal records submitted by the applicant is done without the presence of the applicant (this also differs from a Central Registry Exception). When reviewing the documents, the Board comes up with one of two determinations:
1. If qualified: Without having to appear in a hearing, the applicant may be able to receive a card directly from the Board. Applicants who qualify will receive their card at their residential address. This may take a couple of week’s. Note: the applicant shall submit needed application and supporting documents within the period provided for by law.
2. If Disqualified: The applicant must appear for a good cause exception hearing. This type of assessment is not tantamount to denial. Applicants still have the right to present their case through oral testimony and present additional pieces of evidence. Note: Parenthetically, within forty five (45) days after the expedited review, the Board shall come up with a hearing in the event that the applicant does not qualify.
Expedited Review Time-Frame
The expedited review shall be assessed twenty (20) days from the time the Board receives the application together with the criminal history information coming from the DPS. Thus, in the determination of a person’s eligibility to receive a good cause exception under an expedited review, the board shall take in to consideration whether the applicant is charged with a crime or has been convicted of any of the offenses listed in section 41-1758.03 (b) or section 41-1758.07 (b) and that the person has been rehabilitated or not a recidivist. Frequently, an expedited review is a remedy that pays close attention to assessment without the need for a hearing. The board can readily hear the case and outright approve or disapprove the said application.
What is an expedited review of a good cause exception? First, let’s talk about what is a good cause exception. If you are applying for an Arizona Fingerprint Clearance Card or have one, and it has been revoked due to criminal arrest, you need a good cause exception. So, a good cause exception is that you fill out an application. And in that application, there are several parts of it. And if it’s all filled out correctly and sent to the fingerprint board, they will take it to expedited review. And at the expedited review, they’ll look at several things. First, is the application filled out correctly? Have you all your criminal histories?
You must disclose criminal history that the board may not have put on your denial letter. So, there may be other arrests or criminal charges that you would have to disclose. Have you filled out everything correctly? Are all your documents, official court records, and police reports attached? And then, at the expedited review, they’ll look and see with those records. Are you waiting for a trial? Are your charges still pending? Is there still something that you’re waiting for in your case for it to conclude? If everything is wrapped up, either the charges have been dismissed, or you’ve been charged and sentenced. It’s important to show at the expedited review that nothing is pending. Then they will ensure that your criminal history is not considered a precluded offense.
There is a list in the statutory requirements for a good cause exception. And on that list, there are several offenses that if you are convicted of those, or like those convictions, maybe in a different state, you may be sent to a hearing, or they may flat out deny your application. Still, they’re going to check to ensure that your criminal charges or sentences are not on the precluded offense list. Then lastly, they’ll look to see if you have been rehabilitated. You can show this in your statement, everything you’ve done since your past arrest so that this would not happen again in the future.
If all those things are satisfied, the board will grant you a good cause exception, and you will get your fingerprint clearance card. The expedited review takes 20 days, so you’ll know in 20 days if your application has either been accepted and you’re granted a card, or it’s taken to a hearing with an administrative law judge. You would go before the judge, you would explain your case, and then they would decide if you were to be granted a card. And then lastly, if you have an offense that’s, like I said, on the precluded offense list, at the expedited review, they may deny your application. So, that is, in a nutshell, the whole process of expedited review and what they will look for during that actual review.
Consultation of Legal Matters with Chelle Law
If you’re interested in setting up a consultation with Chelle Law or learning more about an Arizona Good Cause Exception Expedited Review can provide to Arizona residents in need of a fingerprint clearance card reach out to us today.