This is the next post in my series on the obtaining of fingerprint clearance cards by Phoenix, Arizona residents. My last article discussed whether someone can obtain a Level 1 fingerprint clearance card with a misdemeanor conviction. As I discussed, many individuals with a conviction can still obtain their clearance through a “good cause exception.” This article will follow up on my prior discussion by explaining the exception. I also discuss these issues in the video below. If you require assistance with the process then contact my office today to speak with a lawyer.
Phoenix residents with a criminal history may still be able to receive a good cause exception for a fingerprint clearance card
If one is denied a fingerprint clearance card due to their criminal history then they may apply for a good cause exception. Obtaining such an exception requires one to demonstrate that they are “rehabilitated” and are not a recidivist. Obtaining a good cause exception begins with filing an Application. Along with the application, one must file two letters of reference, proof that they have fulfilled their sentence and paid all fines, and one must disclose whether they have been accused of abuse by Child Protective Services (CPS). Depending on the circumstances, one may also be required to provide police reports and records of how an arrest was disposed of. All Applications are reviewed by the Department of Public Safety. The Department is required to complete this review within twenty days of the time at which they are in possession of the completed Application documents and all criminal records of the individual.
Once your Application has been reviewed by then there are two possible outcomes. First, the good cause exception may be approved with no additional proceedings. If this occurs then no further action is required on your part and you will typically receive your fingerprint clearance card within a few weeks. The second situation arises when it is determined that the good cause exception cannot be issued without an administrative hearing. If this happens then the Applicant may appear at the hearing, they may testify, and they may present certain evidence on their behalf. These hearings are presided over by a Phoenix Administrative Law Judge. The Judge will issue a recommendation to the Department of Public Safety and they will then make a final decision as to whether the exception is to be issued. As with other administrative law proceedings, such a ruling may be appealed.
Retain a Phoenix lawyer for assistance with a good cause exception
Being unable to obtain a good cause exception can make the difference between whether or not one is allowed to work in their field in Arizona. Knowing what arguments to make in an initial Application, as well as at any administrative hearing, can make the difference between denial or approval. Also, it is crucial that all arguments be presented in a clear and concise manner. Retaining an experienced attorney can be a key step towards making sure you are approaching this process in the best possible way. As a Phoenix fingerprint clearance card lawyer, I am experienced in the handling of such matters. Contact my office immediately so that we may begin your Application as soon as possible. I look forward to speaking with you. My office also serves Maricopa County areas such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert as well as Pima County residents in Tucson.