Will the DPS tell me if I qualify for a Security Guard registration before I apply?

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No.

DPS cannot pre-screen an applicant. DPS cannot determine if an applicant is eligible for a security guard or private investigator license or registration until the fingerprint-based state and federal background results are received and reviewed.

Where can I find out what offenses could keep me from obtaining a security guard or private investigator license or registration?

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• Precluding offenses for a security guard agency license can be found in A.R.S. 32-2612.
• Precluding offenses for security guard registrations can be found in A.R.S. 32-2622.
• Precluding offenses for a security guard firearms and general instructors can be found in A.R.S. 32-2625.

I have a conviction on my record

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A security guard registration/license will be denied for any of the reasons listed below.

• If you are under 18 years of age and are applying to be a security guard, private investigator, or private investigator associate.
• If you are under 21 years of age and are applying to be a qualifying party, resident manager, or an associate for a security guard agency.
• If you are not a citizen or legal resident who is authorized to seek employment in the United States.
• If you have ever been convicted of a felony, whether or not your conviction was subsequently Set Aside or Vacated and your Civil Rights were restored.
• If you are currently under indictment for a felony.
• If within the last 5 years preceding your application, you have been convicted of any misdemeanors, whether or not your conviction was subsequently Set Aside or Vacated, that involves:
  • Personal violence
  • Misconduct involving a deadly weapon as provided in Arizona Revised Statutes (ARS) §13-3102
  • Dishonesty or fraud
  • Arson
  • Theft
  • Domestic violence
  • Narcotics (ARS §13, Chapter 34, or similar)
  • Sexual misconduct
• If you are on parole, community supervision or work furlough, on home arrest, on release on any other basis.
• If you are named in an outstanding arrest warrant.
• If you are on probation pursuant to a conviction for any act of personal violence or domestic violence as in ARS §13-3601 or similar.
• If you have been adjudicated mentally incompetent or found to constitute a danger to self or others, ARS §36-540.
• If you have a disability, which renders you incapable of performing essential functions of the job even with reasonable accommodation from the employer, ARS §41-1461.
• If you have been convicted of acting or attempting to act as a security guard or private investigator without a license if a license was required.
• If you are a registered sex offender.

How long will it take for my application to be processed?

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For applicants with a criminal history record which will require research by the applicant, the processing time can vary. The applicant will be given 45 days to produce to requested documents, once the requested documents are received and verified the application can be approved or denied within 5 business days. Please note, this average is subject to change at any time (can increase or decrease) depending upon the number of applications received by DPS.

DPS Appeal Process

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Arizona Administrative Code, Title 13. Public Safety. Chapter 6. Department of Public Safety Security Guards. Article 4. Appeals; Complaints; Records.

R13-6-401. Denial of Agency License or Registration Certificate

• The Department shall deny an agency license or registration certificate to an applicant if the Department determines that the applicant does not meet the requirements of A.R.S. § 32-2612 or 32-2622, or there are grounds for denial under A.R.S. § 32-2640 or 32-2641. The Department shall send a notice of denial to the applicant at the address on file with the Department. The Department shall ensure that the notice of denial meets the requirements at A.R.S. § 41-1092.03(A).
• If a request for hearing is received, the Department shall:
  1. Send a notice of the date and time of the hearing to the applicant,
  2. Set the hearing date at least 30 days after the date of the notice, and
  3. Hold the hearing before the Board.
• If the applicant does not appear at the scheduled hearing, the Board shall conduct the hearing in the applicant’s absence.
• Within 20 days after conclusion of the hearing, the Board shall prepare findings of fact, conclusions of law, and a recommendation for the Director.
• Within 30 days after receiving a copy of the recommendation, the Director shall adopt the recommendation in its entirety, modify it, or decide the case upon the record and issue a final decision.
• The Department shall send a copy of the Director’s final decision to the applicant at the address on file with the Department.
• A denied applicant shall not apply again for at least one year from the date of denial.

Good cause exceptions for misdemeanor and felony offenses

ARS Title 32 - Professions and Occupations, Chapter 26 Security Guards, §32-2609

1. If a person shows at a hearing to the board's satisfaction that the person is not awaiting trial on or has not been convicted of committing any of the offenses listed in section 41-1758.03, subsection B, the board may grant a good cause exception for the following:
   1. A misdemeanor offense if the person completed all terms of sentencing.
   2. A felony offense if ten of more years have passed since the person completed all terms of sentencing.
2. Before granting a good cause exception at a hearing the board shall consider all of the following in accordance with board rule:
   1. The extent of the person's criminal record.
   2. The length of time that has elapsed since the offense was committed.
   3. The nature of the offense.
   4. Evidence supporting any applicable mitigating circumstances.
   5. Evidence supporting the degree to which the person participated in the offense.
   6. Evidence supporting the extent of the person's rehabilitation, including:
      1. Completion of probation, parole or community supervision.
      2. Whether the person paid restitution or other compensation for the offense.
      3. Evidence of positive action to change criminal behavior, such as completion of a drug treatment program or counseling.
      4. Personal references attesting to the person's rehabilitation.
3. If seeking a good cause exception, at least five days before the hearing the applicant shall submit to the department any evidence the applicant will be presenting at the hearing.

What Does the Clean Slate Law Mean for Employers and Background Checks?

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February 20, 2022
What Does the Clean Slate Law Mean for Employers and Background Checks?

Information provided on this site is for educational purposes. It is not legal advice.