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Can I get fingerprint clearance if I've been arrested for a felony but never charged (never filed/scratched)?
Anonymous2 views3 answers
Four years ago, I got arrested on a he said she said circumstantial charge, and Scottsdale pushed me through with two felony counts, one of Aggravated Assault with a Deadly Weapon and one of Misconduct. Charges never got filed, and no one actually got hurt, the encounter would have lasted about 5-10 seconds and the individual who made the claims was in another car that pulled alongside me.
Anyway. I got a job offer with a school district doing computer work, and this is now concerning me. What to do? What would the district see/find out?
If ya'll need more info, just comment and I'll comment back.
An arrest is just that and nothing more. If you were never charged, you should not even have to mention the arrest on a job application, unless it asks if you were ever arrested. Then I would answer "wrongfully arrested and no charges were ever filed". Most applications ask if you were ever charged or ever convicted.
An arrest without charges should not prevent you from getting a fingerprint clearance card. Even if you were charged, you are presumed innocent until proven otherwise. Only convictions should prevent the clearance card from being issued.
However, sometimes background checks will raise issues due to negative feedback. The problem is that different back ground checks yeild different results. You may wish to have your own background check done to see if anything comes up. Otherrwise, just be prepared to explain the circumstances. But, don't go into a lot of detail unless asked for more information.
An arrest really means nothing, so there is no way to expunge it in Arizona. Some convictions can be set aside but that is only after there has been a conviction and certain requirements have been met.
Goodluck with your clearance card and your job.
If this answer is "helpful" or the "best answer", please mark it as such.
When i was a prosecutor, I regularly looked at people's criminal histories- from all states. Every so often, I'd see one where the person had an arrest expunged. So, it will probably show up. Be honest about the matter, you don't want to get caught lying on any applications.
Paul E KnostCriminal Defense AttorneyTolleson, AZ ·
This "fingerprint clearance card" that Arizona now requires people to have for certain jobs is definitely causing a lot of people to have to re-think their career path.
But based on what you said, it appears that you should be able to obtain your fingerprint clearance card.
Let me refer you to this statute in Title 41 of the Arizona Revised Statutes that you might find helpful.
41-1758.04. Denial, suspension or revocation of fingerprint clearance card
A. The division shall deny the issuance of a fingerprint clearance card to any person who is awaiting trial on or who has been convicted of an offense listed in section 41-1758.03, subsection B or C or section 41-1758.07, subsection B or C.
B. The division shall revoke the fingerprint clearance card of a person who has received a fingerprint clearance card and who is subsequently convicted of an offense listed in section 41-1758.03, subsection B or section 41-1758.07, subsection B.
C. The division shall suspend the fingerprint clearance card of a person who becomes subject to registration as a sex offender or a person who is arrested for an offense listed in section 41-1758.03, subsection B or C or section 41-1758.07, subsection B or C.
D. A person who has been arrested for an offense listed in section 41-1758.03, subsection C or section 41-1758.07, subsection C and whose fingerprint clearance card has been suspended pursuant to this section may request a good cause exception hearing pursuant to section 41-619.55.
Also, here are a couple of links with some useful information that you may want to browse through.
Good luck!!!
