This is the next article in my series on obtaining a fingerprint clearance card in Phoenix and other Arizona areas. My last article provided an overview of topics which this series will be addressing. It also stressed the need to retain an attorney if you are preparing to apply for a card. Retaining counsel is suggested as doing so can help to ensure that the process is handled as swiftly and efficiently as possible. In this article I will address the common question of “what is a fingerprint clearance card?” If you or a family member need assistance with the process then contact my office today to speak with a lawyer.
Fingerprint clearance cards are issued by the Arizona Department of Public Safety
The Arizona Department of Public Safety (DPS) issues fingerprint clearance cards for those who work in certain professions. If an individual does not have the required card then, typically, they will not be able to work in their given field. These clearance cards come in two types. First, a “standard” or “regular” may be issued if an applicant is not disqualified by their criminal history. Second, a “Level 1” card may be issued but the requirements for obtaining one are far more restrictive than what is required for a standard card. Offenses which prevent an individual from receiving a card are listed in ARS 41-1758.03 and ARS 41.1758.07 respectively.
There are several professions in which an individual will not be able to work without a standard clearance. These include school teachers, administrators, and other personnel. Other examples include realtors, those employed by nursing homes, and more. Individuals who must obtain a “Level 1” card include daycare workers, state hospital personnel, certain state employees, etc. An individual who has been convicted of a prior offense may still be able to obtain a card and work in one of these professions if they obtain a good cause exception. It must be understood, however, that not all prior convictions are eligible to receive this exception.
Phoenix residents with a criminal conviction may apply for a “good cause exception”
One may be able to obtain a fingerprint clearance card even if they have received a criminal conviction. The statutes listed above list the offenses for which a good cause exception may be applied. The Arizona DPS may issue a good cause exception after considering the extent of one’s criminal record, how much time has passed since the most recent offense, any mitigating circumstances, the extent to which one has been rehabilitated, and more. When a request for a good cause exception is made, the Board will conduct an expedited review. A ruling must be made within forty-five days of the review’s completion or else a hearing must be scheduled. How the Board will rule in any given situation will always depend on the facts of the matter.
If you are applying for clearance then it is important to retain an attorney to represent you. Hiring counsel can help to ensure that the process is handled correctly and without unnecessary delay. I am a Phoenix fingerprint clearance card lawyer who has extensive experience in handling initial applications as well as hearings for a good cause exception. I understand that there are times when an individual’s past should not hold them back and I believe that everyone is entitled to a second chance. Contact my office online or by telephone today to schedule an initial consultation. My office also serves Maricopa County areas such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert as well as Pima County residents in Tucson.