AZ Legislature Modifies Fingerprint Clearance for Real Estate Agents Charged with DUI


4/19/16  Arizona law requires people in many professions to have a valid fingerprint clearance card issued by the Fingerprint Division of the Arizona Department of Public Safety.  An arrest or conviction for DUI results in a restriction being placed on the card so that the cardholder is precluded from driving any vehicle to transport employees or clients of the employing agency as part of the person’s job, for a period of 5 years.  This causes a hardship for people in many professions.  I recall a case I had years ago where my client was a teacher and so was required to have the card.  He was also the coach of a sports team and when he was charged with DUI and the restriction was placed on his card, he was no longer able to transport student team members to matches.  Because the school considered that a part of his job and he could no longer do the job, he was fired.

 

The law’s effect was also very serious for real estate agents, who as a regular course of their duties have to drive prospective buyers to listings.  In 2016 Session Laws, Chap. 73, the Arizona Legislature mitigated the harshness of the law somewhat by eliminating most real estate agents from those subject to this restriction, and so an arrest or conviction for DUI will not result in the imposition of the restriction on their cards.  However, this new law does not apply to all real estate agents because it does not apply to those agents who are employed by specific state agencies.

 

The new law takes effect 90 days after the legislative Session ends.

 

To read the full text of the new law, click the link below:

https://www.azleg.gov/legtext/52Leg/2R/laws/0073.pdf

 

If you’ve been charged with DUI or another criminal offense, getting help from an experienced and knowledgeable lawyer is one of the best things you can do for your case. Gordon Thompson has been practicing criminal and DUI law since 1979, and has used his vast experience to help countless people charged with DUI and other criminal offenses get the best result. Call Gordon Thompson now, 24/7, so he can put his many years of experience to use and help you get the best result for your DUI or criminal case.