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 deny such application.
Automatic Fingerprint Card Denial Criminal Convictions
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 assault.
- 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 conduct with a minor.
- 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.
- 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
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. Click here for more information regarding the Arizona Board of Fingerprinting. If you are still denied a clearance card after an expedited review the next step would be to request a hearing.
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.