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. The division shall deny the issuance of a fingerprint clearance card if required pursuant to Section 41-1758.03, subsection L or Section 41-1758.07, subsection L.

Terms Used In Arizona Laws 41-1758.04

  • Agency: means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the board of fingerprinting, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners the state board of technical registration or the board of massage therapy or the Arizona department of housing. See Arizona Laws 41-1758
  • Division: means the fingerprinting division in the department of public safety. See Arizona Laws 41-1758
  • Good cause exception: means the issuance of a fingerprint clearance card to an applicant pursuant to Section 41-619. See Arizona Laws 41-1758
  • Person: means a person who is required to be fingerprinted pursuant to any of the following:

    (a) Section 3-314. See Arizona Laws 41-1758

  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writing: includes printing. See Arizona Laws 1-215

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.

E. The division shall place a driving restriction notation on the fingerprint clearance card of a person who is subsequently arrested for an offense listed in Section 41-1758.03, subsection D or Section 41-1758.07, subsection D.

F. The division shall notify the agency and person in writing if the division suspends, revokes or places a driving restriction notation on a person’s fingerprint clearance card pursuant to this section. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544.

 

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