How an Arrest or Dismissed Charge Can Complicate Employment and Licensing in Arizona

In Arizona, several professions require fingerprint clearance cards or agency-level investigations, and these processes rely on databases that record arrest information as soon as fingerprints are taken.

Many workers in Phoenix who attempt to get these clearance cards are surprised to learn that an arrest, even one that never led to charges, can still cause problems. The same challenges occur if you have dismissed cases or acquittals in your past.

These hurdles do not necessarily prevent someone from becoming licensed, but they can slow the process, trigger investigations, or create delays that affect employment opportunities.

Why Arrests and Dismissed Charges Still Show Up in Arizona Employment and Licensing Checks

Arizona’s background-check process is driven by fingerprint data. Once someone is booked and fingerprinted, that information goes to the Arizona Department of Public Safety (DPS) and the FBI.

DPS then compares the arrest to lists of precluded offenses for Standard and Level I Fingerprint Clearance Cards.

Licensing boards also receive arrest information automatically under their regulatory authority and must review it, even if the court case ends in dismissal or no charges are filed.

Most licensing agencies evaluate the conduct reflected in the record, not just final convictions. As a result, an arrest can trigger a review, request for documents, or temporary restriction even when the underlying case has been resolved in the applicant’s favor.

Sealed or set-aside cases may also still appear to certain agencies depending on the statute governing their investigative authority.

Industries Where an Arrest Can Create Employment or Licensing Hurdles

Positions Requiring Fingerprint Clearance Cards



• Teachers, school staff, and substitute teachers
• Childcare workers and daycare employees
• Behavioral-health and group-home employees
• Foster care and adoption applicants
• Caregivers for vulnerable adults
• Certain roles regulated through DPS

Healthcare Professions

• Nurses and nursing assistants
• Medical technicians
• Behavioral health providers
• Assisted living and long-term care workers

Regulated Financial and Fiduciary Roles

• Real estate professionals
• Mortgage loan originators
• Banking and financial-services positions
• Licensed fiduciaries and conservators

Security and Public Safety Positions

• Security guards
• Private investigators
• Certain transportation-related roles

Other Licensing Boards With Broad Character Evaluations

• State contracting boards
• Municipal licensing departments
• Agencies that require “good moral character” assessments

These professions all share similar review requirements when an arrest appears in a background check, even if the criminal case itself resulted in no conviction.

The Types of Hurdles an Arrest Can Create Across These Industries

Temporary Suspension or Non-Issuance of a Fingerprint Clearance Card

If an arrest matches a precluded category, DPS must suspend or deny the card. This can interrupt employment for teachers, childcare workers, caregivers, or behavioral-health staff until the issue is reviewed.

Mandatory Disclosure Requirements

Many licensing applications require reporting any arrest. Nondisclosure can result in denial or disciplinary action even when you were never charged or the underlying case ended favorably.

Delays While Boards Request More Information

Arizona boards may ask applicants to produce:

• Police reports
• Court records
• Written statements
• Employer letters
• Character references
• Documentation addressing treatment or mitigating circumstances

These requests can extend the licensing timeline by weeks or months.

Additional Interviews or Fitness Evaluations

Some boards require interviews to evaluate judgment, reliability, or risk.

Provisional or Conditional Approvals

Applicants may be allowed to work under temporary credentials while the board completes its review, depending on the profession.

Employer Reluctance During Pending Reviews

Even when an applicant remains eligible, employers may delay hiring until the administrative review is finished.

How Licensing Investigations and Appeals Typically Work in Arizona

Fingerprint Clearance Card Review

When DPS issues a suspension or denial, the applicant can request a Good Cause Exception through the Arizona Board of Fingerprinting. The Board evaluates the incident, background, references, and other materials before deciding whether the card should be issued or reinstated. Processing times vary based on caseload.

Administrative Investigations by Licensing Boards

Boards may request explanations, documentation, police reports, or additional information to evaluate the conduct underlying the arrest. These reviews can occur even when no charges were filed or the criminal case resulted in dismissal or acquittal.

Interviews or Hearings

Some agencies require an informal interview or a hearing before an administrative law judge if questions remain after the initial review.

Final Determinations

Possible outcomes include:

• Full approval
• Conditional approval
• Requests for additional evidence
• Denial, subject to appeal

These processes can extend the licensing timeline even without a conviction.

How a Phoenix Criminal Defense Attorney Can Help With Licensing Background Checks

Finding out your licensing or clearance card is being held up by a technicality can be extraordinarily frustrating. A Phoenix criminal defense attorney can help you understand what licensing boards or employers will see, clarify what portions of the arrest record are accurate, and gather the documentation needed for licensing reviews.

They can also address issues in the court record, help prepare explanations that align with the facts of your situation, and advise on how a dismissed or unfiled charge should be presented to investigators.

If an arrest or dismissed charge is complicating your employment or licensing in Phoenix, contact Arizona Board-Certified Criminal Defense Attorney Michael Alarid III at (602) 818-3110 for guidance.