Chelle Law’s Fingerprint Clearance Card Attorney assists Arizona residents who must have an active Arizona Fingerprint Clearance Card prior to licensure, certification or employment. Your licensing, certifying or authorizing agency, board or employer can advise whether you need a fingerprint clearance card.
In Arizona, nurses must have a valid fingerprint card so they can practice in the state. The Arizona Department of Public Safety (DPS) has a Fingerprint Division which processes all applications for the fingerprint clearance card. This requirement helps to ensure vulnerable populations are safe and nurses are fully qualified to care for them.
How to Obtain a Fingerprint Clearance Card
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 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.
Good Cause Exception
In Arizona, there’s something called good cause exception. This can help a nurse keep his or her license even when a violation has shown up on a background check. The applicant will need to apply for such with the Arizona Board of Fingerprinting. There are strict guidelines, but it is possible to get a fingerprint card through the Board with this application.
The Board will look at a number of circumstances in order to determine whether they should issue the card. They look at the extent of criminal activities on the record and the time that has gone by since the offense occurred. They will look at any mitigating circumstances as well and if the applicant has shown evidence of rehabilitation.
It is possible to get an expedited review of an application. It must done within 20 days of receiving the application and records from your attorney. At this expedited review, the Board will possibly go ahead and grant a fingerprint clearance card but if not, they will schedule a hearing. This can take an additional 3 to 4 months.
Fingerprint Board Hearing
When an applicant for a good cause exception has been denied this initial application, they will automatically get a hearing by an administrative law judge. Usually when this happens when the application has been denied because there is a legal case pending with the applicant or the terms of probation are not complete. The applicant must appear in person at the hearing and arrive at the time the notice states.
The hearing will cover the following topics:
- Current criminal history
- Past criminal history
- Actions taken for rehabilitation if any
- Probation requirements
- What you learned from probation
- Explanation why you should get a fingerprint clearance card
Applicant Clearance Card Team
The Applicant Clearance Card Team (ACCT) receives applications and reviews criminal history records of applicants to determine their suitability to receive a fingerprint clearance card. The ACCT also periodically updates the status of current fingerprint clearance cards. The stated mission of the ACCT is to assist in the protection of vulnerable citizens. They do this through the collection and analysis of criminal history record information. From here the ACCT determines if the applicant is fit to provide services to at-risk groups.
Fingerprint Clearance Card Application Problems
If an applicant is found to have a criminal history or they have been placed on the Child Protective Services Central Registry they will have to apply (and obtain) an exception (good cause or central registry) from the Arizona Board of Fingerprinting.
Arizona Identity Verified Prints
Some applicants may need Identity Verified Prints, which require an extra step. An Identity Verified Print requires the verification of identity of the applicant. To do this there is a comparison of information on a photo identification against information on the application form and fingerprint card. The person taking the fingerprints will provide on the application a description of the photo identification presented by the applicant. A complete fingerprint card application form or any other form required by the department of public safety, along with the fee provided by the applicant, is sent via mail to the fingerprinting division in the department of public safety. This means the technician taking the fingerprints must mail the fingerprint card directly to the Arizona Department of Public Safety.
Chelle Law will provide legal representation when you need to appear before the Arizona Board of Fingerprinting. Our legal services help you to aggressively fight to obtain the fingerprint clearance cards. Call us today in order to set up a consultation. You can appeal decisions which have denied you a card.
If you’re interested in setting up a consultation with Chelle Law or learning more about any of the services our Fingerprint Clearance Card Attorney can provide to Arizona residents reach out to us today.