Arizona Fingerprint Card Denial
One valid reason for an applicant for a fingerprint clearance card to receive an Arizona Fingerprint Card Denial is past criminal incidents (this includes convictions in other states beside Arizona). An applicant for an Arizona fingerprint clearance card with the Arizona Department of Public Safety (DPS) will assess the state and federal criminal history record and contrast it with the list of precluded offenses; if the offense is included in the list, DPS automatically denies such application.
Automatic Denial of Arizona Fingerprint Clearance Card
DENIAL: Individuals submit an application to the Department of Public Safety (DPS) with the fingerprint imprint. This happens regardless of if it’s a Level I fingerprint clearance card or a standard fingerprint clearance. DPS then conducts a background investigation on your criminal history statewide and nationwide. In the event there are arrests on your record, DPS counter-checks your criminal convictions with the list that can cause possible denial of your clearance card. Some of these include theft, drug offenses, homicide, assault, and more. These are “precluded offenses.” In the event a person’s criminal record has precluded offenses, DPS works to find out if the disposition is dismissal, conviction or default.
If there is a conviction: DPS will deny the fingerprint clearance card without the chance to appeal.
Oftentimes, the criminal record doesn’t specify the type of disposition. When this happens DPS performs thorough research with the help of different law enforcement agencies. This allows them to know how the case became final. Within 30 days after the investigation and DPS still does not know such disposition, there will be a DENIAL of fingerprint card. Almost all denials still have a remedy of applying to the Board of Fingerprinting for a good cause exception.
Automatic Fingerprint Card Denial Criminal Offenses
A person who is subject to registration as a sex offender in this state or any other jurisdiction or who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the following offenses in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a fingerprint clearance card pursuant to ARS 41-1758.03:
- Sexual abuse of a vulnerable adult.
- First or second degree murder.
- Sexual exploitation of a minor.
- Sexual exploitation of a vulnerable adult.
- Commercial sexual exploitation of a minor.
- Commercial sexual exploitation of a vulnerable adult.
- Child sex trafficking as prescribed in section 13-3212.
- Child abuse.
- Abuse of a vulnerable adult.
- Sexual assault.
- Molestation of a child.
- Molestation of a vulnerable adult.
- A dangerous crime against children as defined in section 13-705.
- Exploitation of minors involving drug offenses.
- Taking a child for the purpose of prostitution as prescribed in section 13-3206.
- Neglect or abuse of a vulnerable adult.
- Sex trafficking.
- Sexual abuse.
- Production, publication, sale, possession and presentation of obscene items as prescribed in section 13-3502.
- Furnishing harmful items to minors as prescribed in section 13-3506.
- Furnishing harmful items to minors by internet activity as prescribed in section 13-3506.01.
- Obscene or indecent telephone communications to minors for commercial purposes as prescribed in section 13-3512.
- Luring a minor for sexual exploitation.
- Sexual conduct with a minor.
- Enticement of persons for purposes of prostitution.
- Procurement by false pretenses of person for purposes of prostitution.
- Procuring or placing persons in a house of prostitution.
- Receiving earnings of a prostitute.
- Causing one’s spouse to become a prostitute.
- Detention of persons in a house of prostitution for debt.
- Keeping or residing in a house of prostitution or employment in prostitution.
- Transporting persons for the purpose of prostitution, polygamy and concubinage.
- Portraying adult as a minor as prescribed in section 13-3555.
- Admitting minors to public displays of sexual conduct as prescribed in section 13-3558.
- Unlawful sale or purchase of children.
- Child bigamy.
- Trafficking of persons for forced labor or services.
Good Cause Exception Fingerprint Card AZ
If you have been convicted of a crime not listed above (depending on the offense or offenses) for which you were denied, you MAY be eligible to pursue a good cause exception through the Arizona Board of Fingerprinting. The Arizona Board of Fingerprinting is a separate and distinct entity from DPS. It is safe to say that DPS will not respond to any queries you may have regarding the good cause exception process. When you receive the denial notice from DPS, the Board of Fingerprinting’s contact information will appear therein. If you are still denied a clearance card after an expedited review the next step would be to request a hearing (similar to the process if your fingerprint clearance card is suspended).
How to Obtain a Fingerprint Clearance Card from DPS
To obtain a fingerprint clearance card, a nurse must fill out an application and send to the Arizona Board of Fingerprinting. Included with the application must be a set of fingerprints. After receiving this the board determines if the applicant has passed the background check.
If there are no offenses that show up on the background check, the nurse will receive a fingerprint clearance card and be able to get a nursing license. However, if offenses are found on state or federal records, the DPS will check to see what the disposition of the case was. If the disposition indicates the case was dismissed the board will issue a card. Should there be a conviction on the record, they will deny a fingerprint clearance card.
When is a Fingerprint Card Application is Denied?
A fingerprint clearance card is denied when there are certain offenses that would show risky conduct on the part of the applicant. These offenses include such things as robbery, welfare fraud, child abuse and possession of a controlled substance.
If you’re interested in setting up a consultation with Chelle Law or learning more about any of the services regarding a Arizona Fingerprint Card Denial for Arizona residents in need of a fingerprint clearance card reach out to us today.