Fingerprint Clearance Attorney

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 requires people in certain sensitive roles, such as teachers, healthcare workers, and caregivers for children or vulnerable adults, to hold a Fingerprint Clearance Card. The card is issued by the Arizona Department of Public Safety (DPS) after a state and federal background check, and ARS § 41-1758.03 sets the lists DPS uses to decide. If your record contains an offense on one of those lists, or you are awaiting trial on one, DPS must deny the card, and an arrest for a listed offense suspends a card you already hold under A.R.S. § 41-1758.04.

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
• Department of Child Safety workers (a stricter Level I card)

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:

Subsection B of A.R.S. § 41-1758.03 lists offenses that bar a standard card with no good cause exception available. It applies if you have been convicted of one of these offenses, or are awaiting trial on one, including attempts and conspiracies. The list includes:

• Sex offenses, including sexual assault, sexual abuse, sexual conduct with a minor, molestation, and sexual exploitation of a minor
• Child abuse and abuse of a vulnerable adult
• First or second degree murder
• Dangerous crimes against children
• Sex trafficking, child sex trafficking, and prostitution-related offenses such as pandering

Being required to register as a sex offender also bars the card. Several offenses people assume are on this list are not: manslaughter, negligent homicide, kidnapping, arson and child neglect all fall in the good cause category below for a standard card.

The Level I card under A.R.S. § 41-1758.07, required for Department of Child Safety workers, foster parents and adoptive parents, is stricter. On that card, every form of homicide, including manslaughter and negligent homicide, and felony child neglect are no-exception offenses.

Appealable Offenses

Subsection C of A.R.S. § 41-1758.03 lists offenses that also block the card, but for these you can petition the Arizona Board of Fingerprinting for a good cause exception. The list is specific, and it is not limited to minor or non-violent offenses. It includes:

• Manslaughter and negligent homicide
• Kidnapping, robbery, arson and aggravated assault
• Assault, endangerment, threatening or intimidating, and offenses involving domestic violence
• Drug offenses, including possession, use or sale of marijuana, dangerous drugs or narcotic drugs
• Theft, shoplifting, forgery, burglary, criminal trespass and identity theft
• Child neglect, misconduct involving weapons, indecent exposure and prostitution

If an offense appears on neither list, it does not block the card at all: the statute says DPS shall issue it. A DUI conviction within five years is handled differently again. It does not deny the card, but it adds a notation barring you from driving employees or clients for work.

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 good cause exception hearing before the Board of Fingerprinting or its hearing officer, 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. Under A.R.S. § 41-619.55, the Board grants the exception if you show you are successfully rehabilitated and not a recidivist. It weighs the extent of your record, the time since the offense, the nature of the offense, mitigating circumstances, your role in it, and your rehabilitation, including completed probation, restitution, treatment and personal references.

The statute sets the timeline: an expedited review within 20 days of the application, a hearing within 45 days after that review if you do not qualify on the papers, and a decision within 80 days after the hearing. Just as important for your job, the Board or its hearing officer may issue interim approval to keep working while the decision is pending.

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.