A Background Check and Fingerprint Card Appeal may be necessary to obtain a professional license in most states that require an applicant to get clearance. Firstly, this requires getting a background check. Having a background check is so important because nurses and other healthcare workers interact regularly with vulnerable populations. Departments of Public Safety, and the like, in various states regulate licensure in order to protect public health and safety.
These background checks have different names in different states. For example, in Texas they are called fingerprint-based criminal history checks, in Arizona it is a fingerprint clearance card, and in Indiana it is a board criminal background check.
How to Obtain a Background Check
If you need to obtain a background check, you can find directions on your state’s Board or Agency website. It’s here you can find the necessary applications you will need to complete for the check. In some states you must apply for a license prior to arranging for a fingerprint-based background check. Each state has its own rules and regulations and you should study them carefully before moving forward to get the fingerprinting done. Once this is complete, the background check is sent to the licensing board you are working with.
When the Background Check Shows Offenses
A license will commonly be denied and not issued when certain offenses show up in a background check. The offenses could show that there was conduct on the part of the applicant that would mean he or she would be a risk for a trusted position in healthcare. If this is the case, the license will be denied. These offenses include criminal behavior such as child abuse, robbery, possession of a controlled substance and welfare fraud. However, even when a license is denied and there are offenses on the person’s record, most states give the applicant the right to appeal.
Appeals and Hearings to Obtain a License
When a professional license has been denied, it is relatively easy to appeal the decision in any state. There are different methods of doing so depending on the state’s rules and regulations. For instance, in Arizona, there is something called a good cause exception which can be petitioned. In Indiana, you send in court documents and a written statement regarding the offense, if it was resolved and how, if dismissed, etc. and then have an informal meeting with your Board or Agency if they require it.
Whenever a hearing is conducted, there are common topics that will be covered. These include current and past criminal history, what probation requirements were put forth, and any actions that you took that show you are fully rehabilitated.
When you already know that there is a criminal offense on your record, you can do something that may help, even prior to submitting an application for a license. You might wish to get the charge or charges expunged from your record. This option is available in many states and can avoid problems when applying for a professional license. You should obtain copies of any records you wish to get expunged and get an attorney’s advice to see if you are eligible for the expungement.
Individuals in Arizona, Texas and Indiana should find professional and experienced legal counsel when they need to appear before a Board or Agency in any capacity. Licensing litigation is a specialty of Chelle Law and we can fight aggressively so you can get and keep your license. We can help you with any appearance before the Board or in appealing decisions when denied your license.
If you have questions about your Background Check and Fingerprint Card Appeal and would like to learn more about the services we offer contact Chelle Law today.