Below we analyze the collateral fingerprint clearance consequences of the most common crimes in Arizona, for both level I and standard clearance holders. Echoing Arizona specialty courts, our taxonomy distinguishes three broad overlapping classes: domestic violence, drugs and DUI. And here we address both substantive and common ancillary charges, such as “paraphernalia,” “criminal damage,” and “endangerment,” which themselves often have independent precluding affect, even where the substantive charge is ultimately dismissed.

Crimes Related to Domestic Violence

Arizona law statutorily designates a large number of common crimes as domestic violence. Riding atop substantive title 13 offenses, such designator attaches when the offender and the victim have a qualifying domestic relationship, which Arizona law defines quite broadly.

In short, for both the level I and standard clearance card holders, most common Arizona domestic violence charges, both felony and misdemeanor, trigger summary suspension upon arrest. Even where de jure a good cause exception review is available, the DPS suspension remains in effect during the petition process, which can take four months or more. As a practical matter this delay results, often, in de facto job loss and occupational debarment. Other attorneys often ask me for advice on resolutions. The only plea that does seem to affect fingerprint clearance card eligibility, in my view, seems to be non-domestic violence misdemeanor disorderly conduct, and a few other petty offenses. Therefore, early identification and litigation planning is crucial. These same principles apply with special force to drug offenses.

“Domestic relationships” in Arizona include not only those which involve spouses and children, but extend far afield to siblings, cousins, in-laws, and step-grandparents; and even to college roommates and past casual “romantic” partners. Arizona’s fingerprint clearance laws make any charge designated domestic violence a precluding offense upon arrest. Moreover, the underlying offense may separately be a precluding offense independently of its domestic violence relationship. Therefore, attorneys must take care to analyze both the domestic violence designation and the underlying code section to understand the statutory collateral consequences.

As a general rule, for level I clearance card holders, arrest for any felony designated “domestic violence” triggers suspension without good cause review. For standard clearance holders good cause review is generally available.

CRIME	LEVEL 1 CLEARANCE (§ 41-1758.07)	STANDARD CLEARANCE (§ 41-1758.03)
DV Felonies (generally)	Suspended on arrest, revoked on conviction No good cause exception	Suspended on arrest May apply for good cause exception from Board of Fingerprinting
DV Misdemeanors (generally)	Suspended on arrest May apply for good cause exception from Board of Fingerprinting	Suspended on arrest May apply for good cause exception from Board of Fingerprinting

Endangerment A.R.S. § 13-1201 and its statutory sibling, Threats A.R.S. § 13-1202 are both crimes of multifarious stripes: they may appear either as misdemeanors or as felonies. Their character may determine the collateral consequences for a fingerprint clearance card holder. If pled as a “class six open” offense, it is treated as a felony for fingerprint clearance purposes.

CRIME	LEVEL 1 CLEARANCE ( § 41-1758.07)	STANDARD CLEARANCE (§ 41-1758.03)
Endangerment	Felony: suspended on arrest, revoked on conviction, no good cause available. Misdemeanor: suspended on arrest, good cause available	Suspended on arrest, good cause available.
Threatening/Intimidation	Felony: suspended on arrest, revoked on conviction, no good cause available. Misdemeanor: suspended on arrest, good cause available.	Suspended on arrest, good cause available.

Similarly, Criminal Damage A.R.S. § 13-1602, another crime of multifarious stripe, may, like its statutory cousins Endangerment and Threats, appear as either a felony or a misdemeanor. Once again, character determines consequences for the fingerprint clearance card holder.

CRIME	LEVEL 1 CLEARANCE ( § 41-1758.07)	STANDARD CLEARANCE (§ 41-1758.03)
Criminal Damage	Suspended on arrest, good cause available. But if designated DV, and charged as felony ($1,000 or more damage), then suspended, revoked, no good cause available.	Suspended on arrest, good cause available.

Drug Crimes

As with domestic violence, Arizona’s fingerprint clearance card laws show very little “spirit of pity” to those charged with common drug crimes, including misdemeanor possession of marijuana.

As in the case of domestic violence, nearly all drug charges, including misdemeanor marijuana possession, trigger automatic suspension upon arrest for all fingerprint clearance card holders. While good cause exceptions are available (at least for the misdemeanors), as in the case with domestic violence, the client will likely lose employment in the interim. The only safe plea seems to be to paraphernalia.

CRIME	LEVEL 1 CLEARANCE ( § 41-1758.07)	STANDARD CLEARANCE (§ 41-1758.03)
Misdemeanor marijuana possession §13-3405	Suspended on arrest/Revoked on conviction Good cause available	Suspended on arrest/Revoked on conviction Good cause available
Drug paraphernalia §13-3415	Misdemeanor Felony Probably no suspension or revocation Revoked and suspended No good cause	Misdemeanor Felony No suspension or revocation Possibly suspension and revocation Good cause available
Solicitation §13-1002	Treated as if convicted of the underlying crime	Treated as if convicted of the underlying crime
Any Felony drug offense	Revoked and suspended No good cause	Suspended on arrest/Revoked on conviction Good cause available
Other Misdemeanor drug possess	Suspended on arrest/Revoked on conviction Good cause available	Suspended on arrest/Revoked on conviction Good cause available
Federal Crimes	Treated as “same or similar offenses” under Arizona law.	Treated as “same or similar offenses” under Arizona law.

DUI & Vehicular Offenses

In contrast to drug and domestic violence charges, arrest for simple misdemeanor DUI, by itself, triggers only fingerprint clearance “restrictions.” Any person cited for A.R.S. § 28-1381 is “precluded from driving any vehicle to transport employees or clients of the employing agency as part of the person’s employment for five years.” No good cause exception is available.

However, Felony DUI A.R.S. § 28-1383 triggers suspension upon arrest and revocation upon conviction for level I holders. Standard clearance holders charged similarly receive only a restriction.

CRIME	LEVEL 1 CLEARANCE ( § 41-1758.07)	STANDARD CLEARANCE (§ 41-1758.03)
§28-1381; “Simple” DUI	Not revoked/suspended restricted from driving employees or clients of the employing agency for 5 years No good cause	Not revoked/suspended restricted from driving employees or clients of the employing agency for 5 years No good cause
§28-1382; “Extreme” DUI	Not revoked/suspended restricted from driving employees or clients of the employing agency for 5 years No good cause
§28-1383; “Agg” DUI	Suspended on arrest/revoked on conviction. No good cause	Not revoked/suspended restricted from driving employees or clients of the employing agency for 5 years No good cause

Consequences of Other DUI Crimes for Fingerprint Clearance Cards

CRIME	LEVEL 1 CLEARANCE ( § 41-1758.07)	STANDARD CLEARANCE (§ 41-1758.03)
Misdemeanor DUI	“precluded from driving any vehicle to transport employees or clients of the employing agency as part of the person’s employment” for five years.” No good cause exception.	Driving restriction. No good cause exception.
Felony DUI	Suspension on arrest, revocation on conviction. Denial of application for 5 years following conviction. No good cause.	Driving restriction. No good cause exception.
Felony Endangerment	Suspension on arrest, revocation on conviction and denial of application following conviction. No good cause exception available for 5 years.	Suspension on arrest, revocation on conviction. Denial of application following conviction. Good cause exception available.
Criminal Damage, §13-1602, §13-1604	Suspension on arrest, revocation on conviction. Denial of application following conviction. Good cause exception available.	Suspension on arrest, revocation on conviction. Denial of application following conviction. Good cause exception available.
Aggravated Assault	Suspension on arrest, revocation on conviction and denial of application following conviction. No good cause exception available for 5 years.	Suspension on arrest, revocation on conviction. Denial of application following conviction. Good cause exception available.
Manslaughter	Suspension on arrest, revocation on conviction and denial of application following conviction. No good cause exception available.	Suspension on arrest, revocation on conviction. Denial of application following conviction. Good cause exception available.
§ 28-693 – Reckless Driving	No suspension/revocation/denial.	No suspension/revocation/denial.

Criminal Damage & Endangerment

Moreover, more often than not in Arizona DUI cases involving accidents, police and prosecutors charge Criminal Damage A.R.S. § 13-1602 or Endangerment A.R.S. § 13-1201 in addition to misdemeanor DUI.

As stated above, these accompanying charges to a misdemeanor DUI may appear as either felonies or misdemeanors. Criminal Damage A.R.S. § 13-1602 is a felony only if the “amount of damage is one thousand dollars or more ”, but this threshold is met very easily. Similarly, Endangerment A.R.S. §13-1201 is a felony only if the conduct involves “a substantial risk of imminent death.”, but as a practical matter, this bar is also very low. For the fingerprint clearance card holder, the statutory collateral consequences of a criminal damage charge are largely determined by its character.

CRIME	LEVEL 1 CLEARANCE ( § 41-1758.07)	STANDARD CLEARANCE (§ 41-1758.03)
Criminal Damage, §13-1602, §13-1604	Suspension on arrest, revocation on conviction. Denial of application following conviction. Good cause exception available.	Suspension on arrest, revocation on conviction. Denial of application following conviction. Good cause exception available.
Felony Endangerment	Suspension on arrest, revocation on conviction and denial of application following conviction. No good cause exception available for 5 years.	Suspension on arrest, revocation on conviction. Denial of application following conviction. Good cause exception available.
Misdemeanor Endangerment	Suspension on arrest, revocation on conviction and denial of application following conviction. No good cause exception available for 5 years.	Suspension on arrest, revocation on conviction and denial of application following conviction. No good cause exception available for 5 years.