Differences Between Regular And Level 1 Arizona Fingerprint Clearance Cards

by | Jul 24, 2024

hand on fingerprint cardThis is the next post in my series on obtaining a fingerprint clearance card in Phoenix and other Arizona areas. My last article addressed the question of “what is a fingerprint clearance card?” It is important to understand that our state requires the obtaining of such a card to work in many different industries. While one may be disqualified due to a criminal conviction, it may still be possible to obtain a “good cause exception.” An experienced attorney can assist you with this process. This article will continue the discussion by explaining the differences between “regular” and “level 1” cards. I also discuss these differences in the video below. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.

The two key differences between each of these types of cards are a) the difficulty in obtaining them and b) the jobs which require them. I will discuss each of these issues in turn.

Obtaining a “level 1” fingerprint clearance card involves more restrictions than does a “regular” card

Obtaining a “level 1” card is more difficult than obtaining a “regular” card. This is due to the fact that a wider range of offenses can prohibit someone from obtaining the higher level card. In fact, Arizona’s statutes list forty-eight offenses which bar someone from obtaining level 1 clearance while only thirty-nine apply to the lower level clearance. Click on either of the following to see a list of offenses which apply to each type of clearance.[1][2]

Offenses hindering a regular clearance card

  1. Sexual abuse of a vulnerable adult.
  2. Incest.
  3. First or second degree murder.
  4. Sexual assault.
  5. Sexual exploitation of a minor.
  6. Sexual exploitation of a vulnerable adult.
  7. Commercial sexual exploitation of a minor.
  8. Commercial sexual exploitation of a vulnerable adult.
  9. Child sex trafficking as prescribed in section 13-3212.
  10. Child abuse.
  11. Abuse of a vulnerable adult.
  12. Sexual conduct with a minor.
  13. Molestation of a child.
  14. Molestation of a vulnerable adult.
  15. A dangerous crime against children as defined in section 13-705.
  16. Exploitation of minors involving drug offenses.
  17. Taking a child for the purpose of prostitution as prescribed in section 13-3206.
  18. Neglect or abuse of a vulnerable adult.
  19. Sex trafficking.
  20. Sexual abuse.
  21. Production, publication, sale, possession and presentation of obscene items as prescribed in section 13-3502.
  22. Furnishing harmful items to minors as prescribed in section 13-3506.
  23. Furnishing harmful items to minors by internet activity as prescribed in section 13-3506.01.
  24. Obscene or indecent telephone communications to minors for commercial purposes as prescribed in section 13-3512.
  25. Luring a minor for sexual exploitation.
  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.

Offenses hindering a level 1 card

  1. Sexual abuse of a vulnerable adult.
  2. Incest.
  3. Homicide, including first or second degree murder, manslaughter and negligent homicide.
  4. Sexual assault.
  5. Sexual exploitation of a minor.
  6. Sexual exploitation of a vulnerable adult.
  7. Commercial sexual exploitation of a minor.
  8. Commercial sexual exploitation of a vulnerable adult.
  9. Child sex trafficking as prescribed in section 13-3212.
  10. Child abuse.
  11. Felony child neglect.
  12. Abuse of a vulnerable adult.
  13. Sexual conduct with a minor.
  14. Molestation of a child.
  15. Molestation of a vulnerable adult.
  16. Dangerous crimes against children as defined in section 13-705.
  17. Exploitation of minors involving drug offenses.
  18. Taking a child for the purpose of prostitution as prescribed in section 13-3206.
  19. Neglect or abuse of a vulnerable adult.
  20. Sex trafficking.
  21. Sexual abuse.
  22. Production, publication, sale, possession and presentation of obscene items as prescribed in section 13-3502.
  23. Furnishing harmful items to minors as prescribed in section 13-3506.
  24. Furnishing harmful items to minors by internet activity as prescribed in section 13-3506.01.
  25. Obscene or indecent telephone communications to minors for commercial purposes as prescribed in section 13-3512.
  26. Luring a minor for sexual exploitation.
  27. Enticement of persons for purposes of prostitution.
  28. Procurement by false pretenses of person for purposes of prostitution.
  29. Procuring or placing persons in a house of prostitution.
  30. Receiving earnings of a prostitute.
  31. Causing one’s spouse to become a prostitute.
  32. Detention of persons in a house of prostitution for debt.
  33. Keeping or residing in a house of prostitution or employment in prostitution.
  34. Pandering.
  35. Transporting persons for the purpose of prostitution, polygamy and concubinage.
  36. Portraying adult as a minor as prescribed in section 13-3555.
  37. Admitting minors to public displays of sexual conduct as prescribed in section 13-3558.
  38. Any felony offense involving contributing to the delinquency of a minor.
  39. Unlawful sale or purchase of children.
  40. Child bigamy.
  41. Any felony offense involving domestic violence as defined in section 13-3601 except for a felony offense only involving criminal damage in an amount of more than $250 but less than $1,000 if the offense was committed before June 29, 2009.
  42. Any felony offense in violation of title 13, chapter 12 if committed within five years before the date of applying for a level I fingerprint clearance card.
  43. Felony drug or alcohol related offenses if committed within five years before the date of applying for a level I fingerprint clearance card.
  44. Felony indecent exposure.
  45. Felony public sexual indecency.
  46. Terrorism.
  47. Any offense involving a violent crime as defined in section 13-901.03.
  48. Trafficking of persons for forced labor or services.

Notably, many (not all) of the offenses which preclude obtaining a level 1 card but not a regular card are felonies. This means that many individuals who are able to obtain a regular card with a misdemeanor conviction may also be able to obtain a level 1 card. It should be noted, however, that if one is applying for a good cause exception then they will likely face more scrutiny when applying for a level 1 card.

Arizona jobs requiring a fingerprint clearance card

The Arizona Department of Public Safety has provided the following table to list which jobs require a level 1 clearance card and which positions require regular clearance:[3]

Click to view positions requiring fingerprint clearance

A Regular (non-IVP) Fingerprint Clearance Card Application (DPS Form #802-06857) is required for the following:
Reason for Applying: Statute Requires Level 1 Card
ABDE – Dental Hygienist Licensure ARS § 32-1284 No
ABDE – Dental Therapist Licensire ARS § 32-1276.01 No
ABDE – Dentist Licensure ARS § 32-1232 No
ABDE – Denturist Certification ARS § 32-1297.01 No
ADFI – Appraisal Management/Controlling person ARS § 32-3669 No
ADFI – Appraisal Management/Registration ARS § 32-3668 No
ADFI – Appraiser-License or Certificate ARS § 32-3620 No
ADOT Traffic School Licensure ARS § 28-3413 No
ADOT – Driver Training School Licensure ARS § 32-2371 No
AZ Board of Fingerprinting-Members & Staff ARS §§ 41-619.52 & 41.619.53 Yes
AZ Charter School Board – Member/Applicant ARS § 15-183(C)(4) No
AZ Dept. of Agriculture – Industrial Hemp License ARS § 3-314 Yes
AZ Dept. of Ed-Attend Vocational Program; Age 22 or older ARS § 15-782.02 No
AZ Dept. of Ed – Child Nutrition Programs ARS § 46-321 No
AZ Dept. of Ed-Surrogate Parents ARS § 15-763.01 No
AZ Dept. Real Estate-Licensure ARS § 32-2108.01 No
AZ Game and Fish ARS § 17-215 Yes
AZ Schools for the Deaf & Blind-Superintendent ARS § 15-1330 No
BPT – Physical Therapist & Assistants Licensure ARS § 32-2022 No
BTR – Alarm Agent Certification ARS § 32-122.06 No
BTR – Controlling Person Certification ARS § 32-122.05 No
BTR – Home Inspector Certification ARS § 32-122.02 No
DCS – Child Welfare/Adoption Agency Employee ARS § 46-141 Yes
DCS – Adoption ARS § 8-105 Yes
DCS – Employee or IT Employee or IT Employees of Contractors or Subcontractors ARS § 8-463 Yes
DCS – Field Employee ARS § 8-802 Yes
DCS – Foster Home Licensure ARS § 8-509 Yes
Department of Juvenile Corrections-Licensee or Contract Provider ARS § 41-2814(B) No
DES – CCR&R Registered Home ARS § 41-1967.01 Yes
DES – Certified Child Care Provider & Non-Certified Relative Provider ARS §§ 41-1964 & 46-141 Yes
DES – DAAS – Division of Aging & Adult Svcs. ARS § 46-141 Yes
DES – DDD – Developmental Home Licensure ARS § 36-594.02 Yes
DES – DDD/HCBS-Home & Community Based Svcs. ARS § 36-594.01 Yes
DES – Domestic Violence/Homeless Shelter ARS §§ 36-3008 & 46-141 Yes
DES – Employee ARS § 41-1968 Yes
DES – IT Position ARS § 41-1969 Yes
DES – Employee or Contractor with access to Federal Tax Information ARS § 41-1969 Yes
DES – JOBS Program ARS § 46-141 Yes
DES – WIOA-Workforce Innovation & Opportunity Act ARS § 46-141 Yes
DHS – Arizona State Hospital ARS § 36-207 Yes
DHS – Child Care Employees & Volunteers ARS § 36-883.02 Yes
DHS – Child Care Facility Licensure ARS § 36-882 Yes
DHS – Child Care Group Home; Certification, Employees or Volunteers ARS §§ 36-897.01 & 36-897.03 Yes
DHS – Children’s Behavioral Health Programs Employees and Volunteers ARS § 36-425.03 No
DHS – Nursing Care Administrators & Assisted Living Facility Managers ARS § 36-446.04 No
DHS – Residential or Nursing Care Institutions; Home Health Agencies – Employees and Volunteers ARS § 36-411 No
Health Science Student & Clinical Assistant ARS § 15-1881 No
Juvenile Probation – Supreme Court, County Attorney or other Contract Provider Employee or Volunteer ARS § 8-322 No
State Board of Pharmacy – 3rd Party Logistic Providers Representative ARS § 32-1941 No
State Board of Pharmacy – Licensure ARS § 32-1904 No

 

An IVP Fingerprint Clearance Card Application (DPS Form #802-07263) is required for the following:
Reason for Applying: Statute Requires Level 1 Card
State Board of Education (Teacher or Other Certification) ARS § 15-534 No
Tutor or Teacher Preparation Programs ARS § 15-534 No
Charter School Instructor ARS § 15-183 No
School Bus Driver ARS § 28-3228 No
Public and/or Charter School Non-certificated personnel ARS § 15-512 No
Public and/or Charter School Contractor, Subcontractor or Vendor and their Employees ARS § 15-512 No

If you are considering applying for any of these positions then it is important that you have your card at the beginning of the application process. As a Phoenix fingerprint clearance card lawyer, I assist individuals with seeking the clearance as well as with obtaining good cause exceptions. If you or a family member are in need of assistance then contact my office today to speak with an attorney. My office also serves Maricopa County areas such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert as well as Pima County residents in Tucson.

References

[1] – Arizona Revised Statute 41-1758.03, accessed at https://www.azleg.gov/ars/41/01758-03.htm on July 24th, 2024.

[2] Arizona Revised Statute 41-1758.07, accessed at https://www.azleg.gov/ars/41/01758-07.htm on July 24th, 2024.

[3] Department of Public Safety – Fingerprint Clearance Card, accessed at https://www.azdps.gov/services/public-services-portal/fingerprint-clearance-card on July 24th, 2024.

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