ARIZONA FINGERPRINT CARD ATTORNEY

A.R.S. § 41-1758(5) lists approximately 67 Arizona Revised Statutes that require that persons obtain a fingerprint clearance card from the Arizona Department of Public Safety.

A.R.S. § 41-1758.03(B) states that a person who has to register as a sex offender, awaiting trial on sex offenses, or who has been convicted of sex offenses in Arizona or another state is precluded from receiving a fingerprint clearance card.

A.R.S. § 41-1758.07(B) also precludes a person who has committed the following in Arizona or another state from obtaining a fingerprint clearance card:

“A fingerprint card can be an important part of regaining your rights” Lisa Witt

Any felony offense involving domestic violence as defined in A.R.S. § 13-3601 except for felony criminal damage in an amount of more than $250 but less than $1,000 if the offense was committed before June 29, 2009;
Any felony offense involving assault as defined in title 13, chapter 12 if committed within five years before the date of applying for a level 1 fingerprint clearance card;
Terrorism; and
Any offense involving a violent crime as defined in section 13-901.03.

A.R.S. § 41-1758.03(C) essentially states that a person who is awaiting trial or who has been convicted of any other felony in Arizona or another state may petition the Arizona Board of Fingerprinting for a good cause exception pursuant to section 41-619.55.

A.R.S. § 41-1758.07(C) essentially lists 68 types of crimes, both misdemeanors and felonies, wherein a person may petition the Arizona Board of Fingerprinting for a good cause exception pursuant to section 41-619.55.

“Your job prospects can be severely hampered without a fingerprint card.” Lisa Witt

A.R.S. § 41-619.55 extensively details the good cause exception process before the Arizona Board of Fingerprinting. The Board conduct either an expedited review or a good cause exception hearing. It conducts an expedited review within twenty days after receiving an application for a good cause exception. Within forty-five days after conducting an expedited review, the Board shall hold a good cause exception hearing if it determines that the applicant does not qualify for a good cause exception under an expedited review but is qualified to apply for a good cause exception and the applicant submits a timely application for a good cause exception. Here is the rest of the statute:

C. When determining whether a person is eligible to receive a good cause exception under an expedited review, the Board shall consider whether the person has shown to the Board's satisfaction that the person is not awaiting trial on or has not been convicted of committing any of the offenses listed in section 41-1758.03, subsection B or section 41-1758.07, subsection B or that the person is successfully rehabilitated and is not a recidivist. Before granting a good cause exception under an expedited review, the Board shall consider all of the criteria listed in subsection E of this section.

D. The following persons shall be present during good cause exception hearings:

1. The Board or its hearing officer.
2. The person who requested the good cause exception hearing. The person may be accompanied by a representative at the hearing.

E. The Board may grant a good cause exception at a hearing if the person shows to the Board's satisfaction that the person is not awaiting trial on or has not been convicted of committing any of the offenses listed in section 41-1758.03, subsection B or section 41-1758.07, subsection B or that the person is successfully rehabilitated and is not a recidivist. Notwithstanding any other law, the Board may require applicants to disclose evidence regarding substantiated allegations of child or vulnerable adult abuse or neglect for consideration in determining an applicant's successful rehabilitation. If the applicant fails to appear at the hearing without good cause, the Board may deny a good cause exception. The Board shall grant or deny a good cause exception within eighty days after the good cause exception hearing. Before granting a good cause exception at a hearing the Board shall consider all of the following in accordance with Board rule:

1. The extent of the person's criminal record;
2. The length of time that has elapsed since the offense was committed;
3. The nature of the offense;
4. Any applicable mitigating circumstances;
5. The degree to which the person participated in the offense;
6. The extent of the person's rehabilitation, including:

(a) Completion of probation, parole or community supervision;

(b) Whether the person paid restitution or other compensation for the offense;

(c) Evidence of positive action to change criminal behavior, such as completion of a drug treatment program or counseling; and

(d) Personal references attesting to the person's rehabilitation.

An applicant may appeal the Arizona Department of Public Safety’s Fingerprint Division’s criminal offense determination after denial of a good cause exception under the Arizona Administrative Procedure Act (A.R.S. § 41-1092.03) according to Starr v. Ariz. Bd. Of Fingerprinting, 497 P.3d 991 (Ariz. App. 2021).

SUCCESS STORY FOR FINGERPRINT CARD

Client was in her early 60s and was a victim of human sex trafficking in 1976 when she was arrested for prostitution in a sting operation. She pled guilty to a misdemeanor. The Arizona Board of Fingerprinting denied her application for a fingerprint card. Lisa prepared her Good Cause Exception Application which was granted without a hearing.

Preparing and filing a Good Cause Exception to the Arizona Board of Fingerprinting is a fact-intensive process. Lisa is an experienced attorney who knows what the Board is looking for. Call LisaLaw, LLC or fill out the online form for a free consultation.