HEARING ASSISTANCE

Fingerprint Clearance Card Suspension

Fingerprint Clearance Card Suspension or DenialBefore applying for a Good Cause Exception as a remedy, you can be able to secure a Fingerprint Clearance Card if your criminal records show that you were not charged or convicted of any precluded offenses (certain criminal convictions that automatically stop an applicant from obtaining a clearance card. However, in the event that you were charged or convicted of offenses listed in the precluded offenses while you have a current clearance card you will have an Arizona Fingerprint Clearance Card Suspension.

Automatic Denial of Arizona Fingerprint Clearance Card

DENIAL: Individuals will submit an application to the Department of Public Safety (“DPS”) together with the fingerprint imprint regardless if it is a Level I fingerprint clearance card or a standard fingerprint clearance. DPS will then conduct a background investigation on your criminal history statewide and nationwide. In the event that there are arrests on your record, DPS would counter-check your criminal convictions with the list that would cause the possible denial of your clearance card. Some of these are theft, drug offenses, homicide, assault, and a lot more. “Precluded offenses” is the term used to denote offenses included in the list.  In the event that a person’s criminal record comprises precluded offenses, DPS will find out whether 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 does not specify the type of disposition so DPS performs a thorough research with the help of different law enforcement agencies to know how the case became final. Within thirty (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.

Arizona Fingerprint Clearance Card Suspension

SUSPENSION: A suspension occurs when DPS discovers that an individual who possess a current fingerprint clearance card has a new arrest for a precluded offense.  For example, a cardholder who is arrested or convicted for assault will have his fingerprint clearance card suspended.  In this event, there is a minimal distinction between a denial and a suspension for the purpose of good cause exception remedy.  In both cases if the criminal conviction is a precluded offense the fingerprint clearance card will be lost without the opportunity for appeal.  In either case, you can still be able to get an Arizona Fingerprint Clearance Card after being suspended or denied by filing for a good cause exception.

If you have questions about the suspension of your Arizona Fingerprint Clearance Card contact Chelle Law.