Penal Violations and Level 1 Fingerprint Cards: Denial and Good Cause

Arizona sorts the disqualifying offenses for a Level 1 Fingerprint Clearance Card into two lists in A.R.S. § 41-1758.07. Subsection B is a permanent bar: if any of those offenses appears in your record, the Department of Public Safety (DPS) denies the card and no one can override that decision. Subsection C is a conditional bar: DPS still denies the card, but you can ask the Board of Fingerprinting for a good cause exception. A separate rule for recent misdemeanor DUIs does not block the card at all; it adds a driving restriction.¹

Offenses That Permanently Bar the Card

Subsection B of A.R.S. § 41-1758.07 lists the offenses that make you permanently ineligible for a Level 1 card. There is no good cause exception for anything on this list. Being required to register as a sex offender, in Arizona or any other jurisdiction, produces the same automatic bar. The statute reaches completed offenses and also attempts, solicitation, facilitation, and conspiracy to commit them.¹

Offenses in subsection B include:

Sexual abuse of a vulnerable adult, sexual assault, sexual exploitation of a minor, and sexual exploitation of a vulnerable adult
First-degree murder, second-degree murder, manslaughter, and negligent homicide
Incest
Child sex trafficking

This is not the full catalog. Subsection B contains additional offenses, and anyone checking their eligibility should read the statute itself. One point that trips people up: manslaughter sits with the other homicide offenses in subsection B, so it is a permanent bar rather than a conditional one.¹

Offenses That Allow a Good Cause Exception

Subsection C of the same statute is a second list of offenses that also cause DPS to deny the card. The difference is that a subsection C denial is not the end of the road. The Board of Fingerprinting has authority to grant a good cause exception, and if it does, DPS issues the card. Offenses in this group tend to be less severe than the subsection B crimes and include certain assault and theft offenses, among others.²

The practical difference is stark. A subsection B match means DPS has no discretion, and the Board cannot help. A subsection C match starts a review process. The good cause path is described further down.³

How a Recent DUI Affects the Card

A misdemeanor DUI conviction under A.R.S. §§ 28-1381, 28-1382, or 28-1383 within five years of applying does not disqualify you from a Level 1 card. Instead, DPS issues the card with a driving restriction printed on it. The restriction prohibits the holder from driving a vehicle to transport employees or clients of the employing agency as part of the job. Driving alone for work purposes is not restricted. Equivalent DUI offenses from other states trigger the same notation.¹²

Out-of-State Offenses and Pending Charges Count

DPS runs your fingerprints against both Arizona and FBI databases, and equivalent offenses from any other state or jurisdiction count the same as Arizona ones.¹ A conviction is not required for DPS to act. Someone awaiting trial on a listed offense faces the same denial as someone already convicted; DPS does not wait for a verdict.⁴

Losing a Card After It Is Issued

Approval is not permanent. If new criminal history surfaces during the six-year validity period, DPS is required to act, and the action depends on what the new offense is:

Conviction of a subsection B offense after issuance requires DPS to revoke the card.
Arrest for any subsection B or C offense, or becoming subject to sex offender registration, requires DPS to suspend the card. A holder suspended over a subsection C arrest can request a good cause exception hearing.
Arrest for a qualifying DUI offense after issuance results in a driving restriction being added to the card.

DPS sends written notice of a suspension, revocation, or added restriction to both the cardholder and the employing agency, and the notice includes the criminal history information behind the action.⁴ A revoked or suspended card cannot support continued work in any clearance-required position.

Applying for a Good Cause Exception

If DPS denies or suspends your card because of a subsection C offense, the Board of Fingerprinting is the only body that can restore your eligibility. People required to hold a card under A.R.S. § 41-619.52 are not eligible to apply for a good cause exception.³

Expedited Review

Once the Board has your complete application and your criminal records from DPS, which typically arrive seven to ten days after you submit, it conducts an expedited review within 20 days. The Board looks at whether you have shown you are not awaiting trial on and have not been convicted of a subsection B offense, or that you are successfully rehabilitated and are not a repeat offender.³ A favorable expedited review clears the way for DPS to issue the card. If the expedited review does not go your way, the Board may schedule a full hearing within 45 days.⁵

Full Hearing

At a hearing, you carry the burden of persuading the Board you deserve clearance despite your record. The Board weighs statutory factors:

The extent of your criminal record
How long ago the offense occurred
The nature of the offense
Evidence of rehabilitation, including completion of probation or parole, restitution paid, drug treatment or counseling, and personal references

The hearing stage typically adds another three to four months on top of the initial expedited review.⁵ A card issued through a good cause exception is limited: it will specify only the program that received the exception, not general clearance for any Level 1 role.¹ Applicants who arrive with documentary evidence of rehabilitation — completion certificates, employer references, records of treatment or community involvement — have a stronger record before the Board than those who rely on statements alone.

1
Arizona Legislature. Arizona Revised Statutes 41-1758.07 – Level I Fingerprint Clearance Cards; Definitions
2
Department of Public Safety. Fingerprint Clearance Card
3
Arizona Legislature. Arizona Revised Statutes 41-619.55 – Good Cause Exceptions; Expedited Review; Hearing; Revocation
4
Arizona Legislature. Arizona Revised Statutes 41-1758.04 – Denial, Suspension or Revocation of Fingerprint Clearance Card
5
Board of Fingerprinting. Frequently Asked Questions