TO:		File
FROM:	Michael Harwin and William Furnish
DATE:	February 13, 2009
RE:		Arizona Fingerprint Clearance 2009 Chart

Arizona Fingerprinting Requirements and Acts that Will Lead to Denial, Revocation or Suspension of Fingerprint Clearance

•	Fingerprint clearance is required for eligibility for the following types of work.  Ariz. Rev. Stat. §§41-1758(4), 1758.01(1).
o	Individuals must submit a new set of fingerprints to the division for a fingerprint background check every six years. Ariz. Rev. Stat. §41-1758.02(B).

ARS §	Fingerprint Clearance Purpose	Notes	
§8-105	Pre Adoption Certification for Parents		
§8-322	Juvenile Probation Officer Eligibility		
§8-509	Foster Home License		
§8-802	CPS Worker Eligibility		
§15-183 (C)(3)-(4)	Establishment of a Charter School or Instruction in Charter School Classroom	Card is not necessary for classroom instruction if filing process has begun, but fingerprint clearance must be obtained after filing	
§15-534(A)	Certification as a Teacher in Arizona Public Schools under §15-203		
§15-1330	Certification as Teacher for Arizona School for the Deaf and Blind		
§15-1881	Enrollment or Employment as a Clinical Assistant in a Postsecondary Institution that requires clinical training in hospitals or other clinical facilities	Clinical assistants include any participant in a graduate medical or pharmacy education program at a public or private post-secondary institution. This includes: Physician's Assistant, Medical Assistant, Nursing Assistant, Clinical Associate, Physical Therapist Assistant, Technical Assistant, Speech Assistant, Clinical Lab Assistant, IONM Tech Assistant, Distribution Assistant, Patient Care Assistant	
§26-103	Certification for employment in the Department of Emergency and Military Affairs 	Army and Air National Guard, Emergency Management and Joint Division Program	
§36-411	Employment as a Health Care Professional in residential care institution, nursing care institution, or home health agency	1. Volunteers are exempt from the fingerprinting requirement if supervised by previously screened owner
2. This includes employment in: Assisted Living Facilities, Behavioral Health Facilities, Developmentally Disabled Adult Group Homes, Juvenile Group Homes, Home Care Agency 	
§36-425.03	Children's behavioral health program personnel and volunteers	Parents, foster parents and guardians who participate in the activities do not need fingerprint clearance	
§36-446.04	Employment as Nursing Care Administrator		
§36-594.01	Clearance to work or volunteer in a facility licensed or contracting with division of developmental disabilities or certified as a home and community based service provider		
§36-594.02	License requirement for an Adult Developmental Home or Child Developmental Foster Home		
§36-882	License requirement for a Child Daycare Facility		
§36-883.02	Clearance to work or volunteer in a Child Daycare Facility	Parents, foster parents and guardians who are not employees but participate in activities do not need fingerprint clearance	
§36-897.01	License requirement for a Child Care Group Home		
§36-897.03	Clearance to work or volunteer in a Child Care Group Home		
§36-3008	Clearance to work or volunteer in a shelter for victim of domestic violence		
§41-619.52	Clearance to serve on the Board of Fingerprinting	No good cause exception	
§41-619.53	Clearance to work for the Board of Fingerprinting	No good cause exception	
§41-1964	Employment as child care personnel in a Day Care Home or designation as a backup childcare provider	Child care personnel include: child care home provider, in-home provider, noncertified relative provider (ARS §46-801)	
§41-1967.01	Registration for child care resource and referral system if application receives compensation as a child care provider to care for four or fewer children and is not certified by the department of economic security under §46-807	Child care providers must also have fingerprint clearance	
§41-1968	Employment for Department of Economic Security who has contact with children or vulnerable adults as defined in §13-3623		
§41-1969	Employment for Department of Economic Security in an information technology position		
§41-2814	Clearance for employment at Department of Juvenile Corrections, contract work for department who provides services primarily on department premises, paid or unpaid employment for a licensee or contract provider with direct contact with committed youth.	1. Contract provider or licensee who employs individual who has been denied fingerprint certification or is awaiting trial or is convicted of certain crimes in subsection F can avoid immediate termination of contract with the department if the employee is immediately prohibited from working in any capacity requiring or allowing direct contact with children. 
2. Good cause exception under §41-619.55 applies to employee convicted or awaiting trial for certain crimes in subsection F.	
§46-141(A)	Clearance for employment as a contract counterparty or licensee of Department of Economic Security for the provision of services to juveniles	1. Contractor or licensee can avoid DES contract termination by removing employee who was denied fingerprint clearance from a position that requires direct contact with children
2. Volunteers who provide direct services to juveniles under direct visual supervision of contractor or licensee's employees are exempt from fingerprint certification requirements	
§46-321	Clearance for employment for a sponsor receiving federal child care food program money	This requirement does not apply to employment on a military base of for a federally recognized Indian tribe	

•	Fingerprint clearance will be denied for an individual who is awaiting trial or has been convicted for any of the following offenses. (ARS §41-1758.04(A))
•	Fingerprint clearance will be revoked for an individual who is convicted of any of the following offenses that do not have a good cause exception.  Ariz. Rev. Stat. §41-1758.04(B).
•	Fingerprint clearance will be suspended for an individual who is arrested for any of the following offenses.  Ariz. Rev. Stat. §41-1758.04(C).
•	Fingerprint clearance may be granted to an individual who has been arrested or convicted of an offense if the offense is subject to the good cause exception. Ariz. Rev. Stat. §41-1758.03.  The good cause exception also applies to suspension of a fingerprint card under §41-1758.04(C). Ariz. Rev. Stat. §41-1758.04(D)
•	When granting a good cause exception under §41-619.55 for denial or suspension of fingerprint clearance the Fingerprinting Board will consider the following:
o	The extent of the person's criminal record
o	The length of time that has elapsed since the offense was committed
o	The nature of the offense
o	Any applicable mitigating circumstances
o	The degree to which the person participated in the offense
o	The extent of rehabilitation, including:
•	Completion of probation, parole or community supervision
•	Whether person paid restitution for offense
•	Evidence of positive action to change criminal behavior, such as completion of a drug treatment program or counseling
•	Personal references attesting to rehabilitation
•	An individual who is awaiting trial or has been convicted of driving under the influence  within five years of applying for fingerprint clearance may not drive any vehicle to transport employees or clients of employer as part of that individual's employment.  Ariz. Rev. Stat. §41-1758.03(D).

ARS §	Offense Description	Notes	
Title 13	
		Chapter 7: Imprisonment	
§13-705	Dangerous crime against children 	No good cause exception	
Chapter 11: Homicide	
§13-1102	Negligent homicide 	Good cause exception	
§13-1103	Manslaughter 	Good cause exception	
§§13-1104, 1105	First or Second Degree Murder	No good cause exception	
Chapter 12: Assault and Related Offenses	
§13-1201	Endangerment 	Good cause exception	
§13-1202	Threatening or intimidating 	Good cause exception	
§13-1203	Assault 	Good cause exception	
§13-1204	Aggravated assault 	Good cause exception	
§13-1205	Unlawfully administering intoxicating liquors, narcotic drugs or dangerous drugs 	Good cause exception	
§13-1208	Assault by vicious animals 	Good cause exception	
§13-1209	Drive by shooting 	Good cause exception	
§13-1210	Assaults on officer or firefighters 	Good cause exception	
§13-1211	Discharging a firearm at a structure 	Good cause exception	
Chapter 13: Kidnapping and Related Offenses	
§13-1304	Kidnapping 	Good cause exception	
§13-1307	Sex trafficking 	No good cause exception	
Chapter 14: Sexual Offenses	
§13-1402	Indecent exposure 	Good cause exception	
§13-1403	Public sexual indecency 	Good cause exception	
§13-1404	Sexual abuse 	No good cause exception	
§13-1405	Sexual conduct w/ a minor 	No good cause exception	
§13-1406	Sexual Assault	No good cause exception	
§13-1410	Molestation of a child 	No good cause exception	
Chapter 15: Criminal Trespass and Burglary	
§13-1501, et. seq.	Criminal offense involving criminal trespass and burglary under Title 13 Ch 15	Good cause exception	
Chapter 16: Criminal Damage to Property	
§13-1602	Criminal damage 	Good cause exception	
§13-1604	Aggravated criminal damage 	Good cause exception	
Chapter 17: Arson	
§§13-1703 – 1705	Arson 	Good cause exception	
Chapter 18: Theft	
§13-1802	Theft 	Good cause exception	
§13-1804	Theft by extortion 	Good cause exception	
§13-1805	Shoplifting 	Good cause exception	
§13-1818	Misappropriation of charter school monies 	Good cause exception	
Chapter 19: Robbery	
§§13-1902, 1903	Robbery 	Good cause exception	
Chapter 20: Forgery and Related Offenses	
§13-2002	Forgery 	Good cause exception	
§13-2003	Criminal possession of a forgery device 	Good cause exception	
§13-2005	Obtaining a signature by deception 	Good cause exception	
§13-2006	Criminal impersonation 	Good cause exception	
§13-2008	Taking identity of another person or entity 	Good cause exception	
§13-2009	Aggravated taking identity of another person or entity 	Good cause exception	
§13-2010	Trafficking in the identity of another person or entity 	Good cause exception	
Chapter 21: Credit Card Fraud	
§13-2102	Theft of a credit card or obtaining a credit card by fraudulent means 	Good cause exception	
§13-2103	Receipt of anything of value obtained by fraudulent use of a credit card 	Good cause exception	
§13-2104	Forgery of a credit card 	Good cause exception	
§13-2105	Fraudulent use of a credit card 	Good cause exception	
§13-2106	Possession of any machinery, plate or other contrivance or incomplete credit card 	Good cause exception	
§13-2107	False statement as to a financial condition or identity to obtain a credit card 	Good cause exception	
§13-2108	Fraud by persons authorized to provide goods or services 	Good cause exception	
§13-2109	Credit card transaction record theft 	Good cause exception	
Chapter 23: Organized Crime, Fraud and Terrorism	
§13-2311 and §38-502(6)	Welfare fraud 	Good cause exception	
Chapter 29: Offenses Against Public Order	
§13-2910	Cruelty to animals 	Good cause exception	
Chapter 31: Weapons and Explosives	
§13-3102	Misconduct involving weapons 	Good cause exception	
§13-3103	Misconduct involving explosives 	Good cause exception	
§13-3104	Depositing explosives 	Good cause exception	
§13-3110	Misconduct involving simulated explosive devices 	Good cause exception	
§13-3112	Concealed weapons violation 	Good cause exception	
Chapter 32: Prostitution	
§13-3201	Enticement of persons for purposes of prostitution 	No good cause exception	
§13-3202	Procurement by false pretenses of a person for purposes of prostitution 	No good cause exception	
§13-3203	Procuring or placing persons in a house of prostitution 	No good cause exception	
§13-3204	Receiving earnings of a prostitute 	No good cause exception	
§13-3205	Causing one's spouse to become a prostitute 	No good cause exception	
§13-3207	Detention of persons in a house of prostitution for debt 	No good cause exception	
§13-3208	Keeping or residing in a house of prostitution or employment in prostitution 	No good cause exception	
§13-3209	Pandering 	No good cause exception	
§13-3210	Transporting persons for the purpose of prostitution, polygamy and concubinage 	No good cause exception	
§13-3206	Taking a child for the purposes of prostitution 	No good cause exception	
§13-3212	Child Prostitution	No good cause exception	
§13-3214	Prostitution 	Good cause exception 	
Chapter 34: Drug Offenses	
§§13-3401, et seq. and §§13-3551, et seq. 	Exploitation of minors involving drug offenses 	No good cause exception	
§13-3402	Possession and sale of peyote 	Good cause exception	
§13-3403	Possession and sale of a vapor releasing substance containing a toxic substance 	Good cause exception	
§13-3404	Sale of precursor chemicals 	Good cause exception	
§13-3405	Possession, use or sale of marijuana, dangerous drugs or narcotics drugs 	Good cause exception	
§§13-3405-3408	Felony offenses involving sale, distribution or transportation of, offer to sell transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs	Good cause exception	
§13-3453	Manufacture or distribution of an imitation controlled substance, 	prescription-only drug or over the counter drug	Good cause exception	
§13-3454	Manufacture or distribution of a prescription-only drug	Good cause exception	
§13-3455	Manufacture or distribution of an over the counter drug	Good cause exception	
§13-3456	Possession or possession with intent to use an imitation controlled substance	Good cause exception	
§13-3457	Possession or possession with intent to use a prescription-only drug	Good cause exception	
§13-3458	Possession or possession with intent to use an over the counter drug	Good cause exception	
§13-3459	Manufacture of certain substances and drugs by certain means 	Good cause exception	
Chapter 35: Obscenity	
§13-3502	Production, publication, sale, possession and presentation of an obscene item 	No good cause exception	
§13-3506	Furnishing harmful items to minors 	No good cause exception	
§13-3506.01	Furnishing harmful items to minors by internet activity	No good cause exception	
§13-3512	Obscene or indecent telephone communications to minors for commercial purposes 	No good cause exception	
§13-3513	Sale or distribution of material harmful to minors through vending machines 	Good cause exception	
§13-3552	Commercial Sexual Exploitation of a Minor	No good cause exception	
§13-3553	Sexual Exploitation of a Minor	No good cause exception	
§§13-3554, 3560	Luring a minor for sexual exploitation 	No good cause exception	
§13-3555	Portraying an adult as a minor 	No good cause exception	
§13-3558	Admitting minors to public displays of sexual conduct 	No good cause exception	
Chapter 36: Family Offenses	
§§13-3601, 3601.01, 3601.02	Offenses involving domestic violence 	Good cause exception	
§13-3608	Incest	No good cause exception	
§§13-3612, 3613	Misdemeanor offenses involving contributing to the delinquency of a minor 	Good cause exception	
§§13-3612, 3613	Felony offenses involving contributing to the delinquency of a minor 		Good cause exception	
§13-3619	Child neglect 	Good cause exception	
§13-3623	Child Abuse	No good cause exception	
§13-3623	Abuse of a Vulnerable Adult	No good cause exception	
§13-3623	Commercial Sexual Exploitation of a Vulnerable Adult	No good cause exception	
§13-3623	Neglect or abuse of a vulnerable adult 	No good cause exception	
§13-3623(F)(1) (d) and §13-1410	Molestation of a vulnerable adult 	No good cause exception	
§13-3623(B)	Sexual Exploitation of a Vulnerable Adult	No good cause exception	
Chapter 37: Miscellaneous Offenses	
§13-3704	Adding poison or other harmful substance to food, drink or medicine 	Good cause exception	
Chapter 38, Article 3: Registration of Sex Offenders	
§13-3821	Person required to register as a sex offender	No good cause exception	
Title 28	
Chapter 4, Article 3: Driving Under the Influence 	
§28-1381	Driving or actual physical control while under the influence	Precluded from driving as part of employment	
§28-1382	Driving or actual physical control while under the extreme influence	Precluded from driving as part of employment	
§28-1383	Aggravated driving or actual physical control while under the influence 	Precluded from driving as part of employment