Arizona Good Cause Exception Lawyer
Arizona Good Cause Exception
If you have been denied a Fingerprint Clearance Card, don’t panic. You may qualify for a Good Cause Exception. The first step to achieving good cause exception is knowing the good cause exception application requirements.
Applicants will have the Arizona Board of Fingerprinting assess their application. To do this, they must comply with a reasonably comprehensive application package. Please understand the good cause exception application requirements or submit a complete application package to ensure you complete the process on time. It can also ultimately result in the denial of your application.
The necessary components of an application package
- Application Form. Applicants should answer ALL of the questions. It will require a statement from the applicant and each arrest embedded in one’s criminal record. The applicant may also include a description of lifestyle changes. Once complete, have the document signed and notarized.
- Letter of Reference Coming From Two Sources. The Board will supplement these forms, which the applicant must then complete. The Board will expect applicants to provide a minimum of two completed forms.
- Reference requirements:
- The individual must know the applicant for at least one (1) year. Must be qualified to write a letter of reference.
- A current employer or someone who has known the applicant for three (3) years may complete the second form. These individuals should also be qualified to write a letter of reference.
- Evidence Applicant Has Completed Sentencing Terms. The applicant must prove his/her sentencing terms are complete. It can be probation, pardon, parole, restitution, counseling, educational service classes, incarceration, or community service. The applicant will also need to supply a document evidencing its completion. If sentencing requirements still need to be completed, the applicant may provide written statements about such progress accomplished.
- Police reports. It may only apply to some applicants. However, the Board may ask some to provide a police report for each arrest occurring within five (5) years of fingerprint clearance’s denial (or suspension). Applicants must do this even if:
- The arrest did not manifest in the DPS letter.
- Regardless of conviction.
- Disposition Information. Should an applicant’s suspension or denial letter indicate the DPS cannot look for the disposition of an arrest, an applicant will need to provide court documentation specifying such disposition. Should the applicant contact the proper court and it states it has no record, they will need to obtain a statement from the court indicating it has no record.
- Adult Protective Services / Child Protective Services: It’s a mandatory requirement all applicants disclose they have a standing allegation of abuse and/or neglect of a child or adult, whether it leads to criminal charges or not. Suppose the applicant has an allegation relating to a child or adult abuse/neglect. In that case, the applicant must then contact Child Protective Services (“CPS”) or Adult Protective Services (“APSF”) to request a copy of the final report on such an allegation. It must be submitted to the Board and paired with a written explanation of such an allegation.
Why would you need an attorney for a good cause exception?
So, many professionals are required to have an Arizona Fingerprint Clearance Card. If you have any criminal history, including an arrest, your application for the card will be denied. Or, if you have a card and later have any arrest, the Board will revoke the card, and you must apply for a good cause exception.
At Chelle Law, we handle and represent clients in the application process. Ensuring your application has all the information you need to fill out correctly is essential. A significant portion of this is the documents regarding your criminal history. If it happened within five years, you must have police reports, arrests, and criminal convictions. If the charges were dropped, what were you sentenced to? When was your sentence fulfilled, and were your probation requirements fulfilled if they put you on probation?
All that must be correctly attached to your application must be the official documents with the court’s seal. So, this is one thing we handle at our office: obtaining all those records and ensuring that you have them for every stage of your case. An attorney in our office will also write your personal statement so that it will paint you in the best light. With your records, we will ensure that we address all the stages of your case and any mitigating circumstances like if you had substance abuse issues at that time or were in an abusive relationship going through a stressful time in your life.
The attorney will also show how you have been rehabilitated since then. So, have you completed a treatment program? Anger management classes? We can show the Board of Fingerprinting that you should get this good cause exception because this will not happen again, and you’ve learned from this experience.
Most importantly, if your application gets sent to the hearing department, which it can, and you must go before an administrative law judge, we can handle that hearing for you. We can also present you at the hearing, giving you the best chance at getting your good cause exceptions.
They can give you your fingerprint clearance card back after they revoked it, or they can accept your application, and you can get your card.
Expedited Review for a Good Cause Exception
Hiring an attorney to help obtain a Good Cause Exception has proven successful. Clients who receive their fingerprint clearance cards feel much relief as they can move on in their careers. An attorney can help ensure the application is complete, assist with collecting essential documents, and write out necessary arguments to show rehabilitation or the worthiness of having a fingerprint card.
Length of Good Cause Exception with the Board
The length of the good-cause process depends on many factors. However, once the Board receives a complete application package and court documents, the Board will conduct an expedited review within 20 days. Take note if applying for licensure with another Board.
Arizona Expedited Review for Clearance
When you are denied a fingerprint clearance card or have one facing suspension by the Arizona Department of Public Safety (DPS), you can apply for a good cause exception. To do so, you must ensure you’re eligible to apply, as evidenced by a letter from DPS. The Board requires two reference forms and any additional requirements if necessary.
Contact Chelle Law for assistance with an Arizona Good Cause Exception Expedited Review at 602.344.9865. We handle all Fingerprint Board issues.
Initial Review of Good Cause Application
Consequently, the Arizona Board of Fingerprinting conducts an initial assessment (an Arizona Good Cause Exception Expedited Review) of complete applications. During the expedited review, your application will be scrutinized. Keep in mind there’s no special request for an expedited review.
This examination of documents and criminal records submitted by the applicant is done without the applicant’s presence (this also differs from a Central Registry Exception). When reviewing the documents, the Board comes up with one of two determinations:
Expedited Review Time-Frame
They shall assess the expedited review twenty (20) days from the time the Board receives the application, together with the criminal history information from the DPS. Thus, in determining a person’s eligibility to obtain a good cause exception under an expedited review, the Board shall consider whether the applicant is charged with a crime or has been convicted of any of the offenses listed in section 41-1758.03 (b) or section 41-1758.07 (b). And that the person has been rehabilitated or is not a recidivist.
Frequently, an expedited review is a remedy that pays close attention to assessment without needing a hearing. The Board can readily hear the case and approve or disapprove the application.