This comprehensive guide provides a detailed overview of accessing criminal history records in Arizona, focusing on the Arizona Department of Public Safety (AZDPS) Central State Repository (CSR). We’ll cover who can access records, how to obtain them, and important limitations based on Arizona state law (A.R.S. § 41-1750).
Accessing Arizona Criminal History Records: Authorized vs. Unauthorized Requests
The AZDPS CSR maintains all Arizona criminal records, receiving mandatory arrest and disposition reports from all state criminal justice agencies. However, access to these records is strictly regulated.
Authorized Agencies and Background Checks
-
Criminal Justice Agencies: These agencies have direct access to criminal history information for legitimate law enforcement purposes.
-
Non-Criminal Justice Agencies (NCJ): Specific Arizona state agencies and authorized entities can request criminal background checks through the NCJ Compliance Program. This program, governed by A.R.S. § 41-1750(G) and Public Law 92-544, requires fingerprint-based submissions and adherence to specific legal mandates (ordinances, resolutions, executive orders, or state statutes). This program is crucial for roles requiring background checks, ensuring compliance with state and federal regulations. Non-profit organizations are generally permitted access under A.R.S. § 41-1750(G)(23). For detailed information, visit the NCJ Compliance Program webpage.
Restrictions on Private Access and Employer Background Checks
Arizona law explicitly prohibits the CSR from conducting criminal background checks for:
- Private Citizens: Individuals cannot request background checks on others.
- Private Employers: Companies cannot directly request criminal history information from the CSR for employment purposes. A.R.S. § 41-1750(G) explicitly restricts the AZDPS from providing this information to private companies.
- Out-of-State Requests: The CSR does not process requests from individuals or agencies outside of Arizona. This includes requests for employment, immigration, visas, or foreign adoptions. A pre-written letter stating this policy is available for download at https://psp.azdps.gov/criminal-history-csrs/backgroundlettersformTriage.
Individual Record Review and Challenge Process
Individuals can review and challenge the accuracy of their own criminal record. This process involves:
- Obtaining a Record Review Packet: This packet can be requested by contacting the CSR at (602) 223-2000, Option #2 (Records and Reports), then Option #3 (Statewide Criminal Records). It can also be downloaded online. The packet includes instructions, a fingerprint card, a contact information sheet, and a pre-addressed return envelope.
- Submitting the Completed Packet: Upon receipt, the CSR processes the request and provides a response within 15 business days. The response includes a copy of the individual’s criminal record, if one exists. Personal information about the requester is not included in the response to protect confidentiality. Alternatively, individuals can initiate the record review process online at https://psp.azdps.gov/account/login.
Fingerprint Clearance Cards and Local/National Background Checks
-
Fingerprint Clearance Cards: Requirements for fingerprint clearance cards for employment should be directed to the Clearance Card Section at (602) 223-2279.
-
National Background Checks: For nationwide criminal history checks, individuals can request an Identity History Summary Check (commonly known as a “rap sheet”) directly from the Federal Bureau of Investigation (FBI) https://www.fbi.gov/how-we-can-help-you/more-fbi-services-and-information/identity-history-summary-checks.
-
Local Background Checks: Inquiries about local background checks should be directed to the relevant local police department. Each jurisdiction may have specific processes for obtaining local criminal history information.
Conclusion: Navigating Arizona’s Criminal Record System
Accessing criminal history information in Arizona requires understanding the specific legal framework and restrictions outlined in A.R.S. § 41-1750. This guide provides a starting point for navigating the process, clarifying who can access records and how to obtain them. Always refer to the official AZDPS resources for the most up-to-date information and procedures.
