This is the next post in my series on obtaining a fingerprint clearance card in Phoenix, Arizona. My last article discussed the differences between level 1 and regular fingerprint clearances. It is important to understand that a wider range of offenses will disqualify someone from a level 1 card than a regular card. An experienced attorney can assist you in understanding the requirements which must be met for your particular situation. This article will follow up on my last discussion by looking at whether one with a misdemeanor conviction can obtain a level 1 clearance. I also discuss these issues in the video below. If you require assistance then contact my office today to speak with a lawyer.
ARS 41-1758.07 lists the various offenses which disqualify a person from obtaining a level 1 fingerprint clearance card. While the statute does not automatically disqualify all misdemeanor convictions, it should be understood that it does disqualify a wide range of conduct. Offenses falling under this statute include most violent crimes, acts of theft or fraud, many misdemeanor drug offenses, and more. This means that, quite often, an individual with a misdemeanor will initially be prohibited from obtaining a clearance card. Such individuals, however, may request a good cause exception in order to receive their clearance.
The Arizona Department of Public Safety will consider many factors when deciding whether or not to grant a good cause exception. An important factor is the extent of an individual’s criminal record. This means, for example, that someone with multiple misdemeanor convictions will likely have more difficulty in obtaining an exception than someone with only one conviction. Other factors that will be considered include how much time has passed since the most recent offense, the extent to which someone has been rehabilitated, etc. These factors, for example, mean that if it has been many years since the conviction and you have taken great steps to turn your life around then you may be more likely to gain the exception. As with any other legal matter, whether or not an exception will be granted is always going to depend on the specific facts of the case.
An important fact to remember is that sealing your Arizona criminal record will not make the misdemeanor conviction “go away” in regard to your fingerprint clearance card. While our state has recently allowed for the sealing of criminal records, one must understand that “sealed” records are still available to government personnel. This means that the Arizona DPS will still be able to view the records when they are conducting the background check for a clearance card. In other words, one should not make the mistake of thinking that sealing their record can solve all of their problems. If you have a sealed misdemeanor conviction then there is still a good chance that you will need a good cause exception to obtain a fingerprint card.
If you are in need of assistance then contact my office today to speak with a Phoenix fingerprint clearance card lawyer. I have devoted my career to protecting the rights of those in need of a second chance and I recognize the importance of the situation. My office believes that everyone is entitled to both aggressive representation and respect. Contact us online or by telephone today to schedule an initial appointment. We 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.