What is ARS § 41-1758.03?
Arizona law, specifically ARS § 41-1758.03, requires individuals working in certain sensitive roles—such as teachers, healthcare workers, and law enforcement officers—to have a Fingerprint Clearance Card. This card is issued by the Arizona Department of Public Safety (DPS) after a thorough background check. If you have certain criminal convictions, the DPS may deny or revoke your card.
A denial or suspension can have a serious impact on your livelihood. That’s where Tamou Law Group PLLC comes in. As a firm handling Arizona Fingerprint Clearance Card defense, we’re dedicated to helping individuals who have been denied this critical clearance. Finding qualified Arizona Fingerprint Clearance Attorneys is difficult, so always go with a well-established law firm that can answer any and all questions you may have.
Who Needs a Fingerprint Clearance Card?
In Arizona, the following professions and individuals typically require a Fingerprint Clearance Card:
- Teachers and educators
- Healthcare professionals
- Childcare providers
- Adoption or foster care applicants
- Caregivers for the elderly or disabled
- Social workers
- Law enforcement officers
If you’re working in any of these fields, you’re familiar with the requirement. But if your card is denied or revoked, you might be left scrambling to protect your job and career. At Tamou Law Group PLLC, we’ve seen firsthand how devastating it can be to lose employment opportunities over a Fingerprint Clearance Card denial. Fortunately, our experienced team of Criminal Defense Attorneys can help you appeal that denial and protect your future.
Why Might Your Fingerprint Clearance Card Be Denied?
- Automatic Disqualifiers:
Arizona law automatically disqualifies individuals from obtaining a card if they’ve been convicted of certain serious offenses. These offenses include:- Sexual crimes (e.g., sexual abuse, child pornography)
- Child abuse or neglect
- Homicide or manslaughter
- Kidnapping
- Arson
If you have one of these convictions, you’ll automatically be disqualified from receiving a Fingerprint Clearance Card.
Appealable Offenses:
Some offenses don’t lead to automatic disqualification but can still cause the DPS to deny your card. For these cases, you can appeal the decision. Appealable offenses include:
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- Drug-related crimes
- Non-violent felonies
- Certain misdemeanors
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How a Fingerprint Clearance Attorney Can Help
- If you’ve been denied a Fingerprint Clearance Card, you may feel like your career is in jeopardy. That’s where a our Arizona Fingerprint Clearance Attorneys at Tamou Law Group PLLC can help. We can:
- Review your criminal record: We’ll assess whether your offense qualifies for an appeal or if there’s been an error in the DPS’s decision-making process.
- File an appeal: If your denial is for an appealable offense, we’ll guide you through the process of requesting a good cause exception from the Arizona Board of Fingerprinting.
- Prepare for the hearing: If necessary, we’ll represent you at a hearing before an administrative law judge, presenting evidence of your rehabilitation and good character.
Good Cause Exception: What It Means
When the DPS denies your card based on a past conviction, you may still have a chance to appeal through a good cause exception. This process involves showing that you’ve rehabilitated yourself since the offense and that you are no longer a danger to the public.
For instance, someone with a drug-related conviction from years ago may be denied a card. However, if you’ve completed a rehabilitation program, stayed employed, and maintained a clean criminal record since then, our Arizona Fingerprint Clearance Attorneys can help you present a strong case for why you should receive the card.
Why You Need a Fingerprint Clearance Attorney
Navigating the Fingerprint Clearance Card appeal process can be complex and daunting. A denial doesn’t have to be the end of your career. At Tamou Law Group PLLC, we specialize in helping individuals overcome denials and obtain the clearance they need to work in their chosen professions.
With extensive experience in Arizona’s criminal defense laws, our team knows how to craft a defense that addresses your unique circumstances and presents the strongest possible case for your good cause exception. We’ll guide you through every step of the appeal process, ensuring that your rights are protected.
Conclusion: Don’t Let a Denial Stop Your Career
If your Fingerprint Clearance Card has been denied or suspended, it’s crucial to act fast. The consequences of inaction can be devastating, but with the right legal team on your side, you have options. At Tamou Law Group PLLC, our skilled Fingerprint Clearance Attorneys are here to help you regain your card and get back to your career. Contact us today to start your defense.
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