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Understanding Arizona Fingerprint Clearance Cards and Legal Defenses: What You Need to Know
Tamou Law Group Arizona Fingerprint Clearance Attorneys frequently help clients navigate the often complex world of Arizona’s Fingerprint Clearance Card laws. If you’re applying for a job that involves working with children, vulnerable adults, or law enforcement, chances are you’ll need a Fingerprint Clearance Card. But what if your application is denied or your card is suspended due to a prior criminal charge? Today, I’m going to break down what ARS § 41-1758.03 says about Fingerprint Clearance Cards, why you may face issues getting one, and how our team at Tamou Law Group can help you fight back.
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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Frequently Asked Questions
Can you get a fingerprint clearance card in Arizona with a felony conviction?
Yes, many felony convictions still allow you to obtain an Arizona fingerprint clearance card through a good cause exception, since only offenses precluded under A.R.S. § 41-1758.03, like sex crimes and child abuse, permanently disqualify you. Drug offenses and most non-violent felonies remain appealable with proof of rehabilitation.
What is a good cause exception for a fingerprint clearance card in Arizona?
A good cause exception is a determination by the Arizona Board of Fingerprinting that you are rehabilitated and not a recidivism risk, allowing you to receive a fingerprint clearance card despite a disqualifying record. You must show evidence like completed sentences, treatment, steady employment, and character references.
How long does a good cause exception take in Arizona?
The Arizona Board of Fingerprinting must conduct an expedited review within 20 days of receiving a complete good cause exception application, but cases referred to a hearing often take two to four months overall. Submitting thorough rehabilitation documentation upfront is the best way to avoid a lengthy administrative hearing.
What offenses automatically disqualify you from an Arizona fingerprint clearance card?
Arizona law permanently bars a fingerprint clearance card for convictions including sexual offenses, child abuse, homicide, kidnapping, and arson under A.R.S. § 41-1758.03, with no appeal available. Lesser offenses like drug crimes and many non-dangerous felonies cause denial but qualify for a good cause exception appeal.
Does a pending criminal charge suspend your fingerprint clearance card in Arizona?
Yes, the Arizona Department of Public Safety will suspend your fingerprint clearance card if you are arrested or charged with a disqualifying offense, even before any conviction. If the charge is dismissed or you are acquitted, you can request reinstatement, and an attorney can help expedite that process.
How long is an Arizona fingerprint clearance card valid?
An Arizona fingerprint clearance card is valid for six years from the date of issue, after which you must reapply and pass a new DPS background check. New arrests or convictions during that period can trigger suspension or revocation before the card expires, putting your employment at risk.
Is a Level One fingerprint clearance card different from a standard card in Arizona?
Yes, a Level One card issued under A.R.S. § 41-1758.07 applies a longer list of disqualifying offenses and is required for positions with the Department of Child Safety, foster care, and adoption. A standard card under § 41-1758.03 covers most teaching, healthcare, and caregiving jobs.
How much does a fingerprint clearance card attorney cost in Arizona?
Most Arizona fingerprint clearance attorneys charge a flat fee that commonly ranges from about $1,500 to $5,000, depending on whether your case needs only a good cause exception application or a full administrative hearing. Tamou Law Group offers free consultations to evaluate your denial. Call 623-321-4699, 24/7.
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We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.
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