Expungement in Arizona Exception
The new Arizona allowing you to expunge criminal record in Arizona has two different levels of exceptions.
On the first level, certain crimes are not eligible to be sealed.
The second level is even if you do get your criminal record expunged (sealed), you still have to tell certain people and entities about your previous case.
I want to discuss this second exception in this article.
Must Disclose After Criminal Record is Sealed
The new Motion to Seal law in Arizona says you’ll still have to disclose your old criminal record if:
- On a fingerprint clearance application
- For certain jobs related to your old criminal conviction. For example, applying for a job with a financial institution and you have an old fraud conviction. There are a few more jobs where you will still have to disclose your old criminal conviction, but they are all jobs where the old conviction is relevant to the new job.
I went through a few more details in the article: How to Expunge Your Criminal Record in Arizona
The Fingerprint Clearance Card after Expunge Criminal Record
The fingerprint card will probably have the largest impact on Arizona citizens.
A fingerprint clearance card refers to a background check and fingerprinting process required for certain individuals working in certain professions in the state of Arizona.
The Arizona Department of Public Safety (DPS) is responsible for issuing fingerprint clearance cards to individuals who pass a criminal background check and meet other requirements, such as being a U.S. citizen or legal resident.
DPS will issue a fingerprint clearance card, which is valid for 5 years.
Teachers Require a Clearance Card
A fingerprint clearance card is required for individuals who work in professions that involve direct contact with children, elderly individuals, or vulnerable populations.
These professions may include teachers, healthcare workers, daycare providers, and others.
The purpose of the fingerprint clearance card for educator certification is to ensure that individuals who work in Arizona’s public schools have undergone a comprehensive background check and have been cleared to work with children.
The card serves as proof that the individual has met these requirements and is eligible to work as an educator in the state.
The new expunge criminal record law exception will likely impact a lot of teachers.
Teachers are required to have an Identity Verified Prints (IVP)
The “Educator Certification: Fingerprint Clearance Card” is a requirement in the state of Arizona for individuals who want to work as teachers, administrators, or other education professionals in the state’s public schools.
The Requirements to Recieve a Clearance Card
To obtain a fingerprint clearance card, an individual must complete the following steps:
- Submit a fingerprint card to the Arizona Department of Public Safety (DPS) for a criminal background check.
- Pay a fee for the criminal background check, determined by the DPS.
- Pass the criminal background check. The background check will check for any criminal history, including any convictions or pending charges, both in Arizona and in other states.
- Meet other eligibility requirements, such as being a U.S. citizen or legal resident, and being free of any disqualifying crimes, such as those related to child abuse or neglect, drug offenses, or crimes involving violence.
Summary
There’s a lot of enthusiasm for Arizona’s new expunge criminal record law. However, it’s not all great for teachers, foster parents, care home workers, etc., because they must still disclose a sealed criminal record. But the new motion to seal law remains one of the best new laws in a long time in Arizona.
If you have any questions, please do not hesitate to call.
Derron Woodfork