questions & answers

Question: In regards to ars 41-1758.07 What is the difference between section b 42 and section c 66? B42 within 5 years- so anything older than five years is ok....... C66 more than 5 years- so anything before is ok????? Very confusing. I'm trying to apply for a level 1 fingerprint card and have convictions but all were set aside

Answer: Under A.R.S. 41-1758.07, a person who is awaiting trial or has been convicted of a felony assault or related offense under the Criminal Code (Title 13 Chapter 12) generally may not receive a level 1 fingerprint clearance card. However, if the felony assault or related offense was committed more than 5 years before the date on which a person applies for a clearance card, then the person has the option of petitioning the board of fingerprinting for a good cause exception pursuant to A.R.S. 41-619.55. What B(42) and C(66) are intended to clarify is that if the offense was committed within the past 5 years, then the person cannot receive a clearance card, but if the offense was committed more than 5 years ago, then the person may be able to receive a clearance card if he/she is granted an exception by the board of fingerprinting.