41-1758.07. Fingerprint clearance cards; issuance; immunity
B. A person who is subject to registration as a sex offender in this state or any other jurisdiction or who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or
conspiring to commit one or more of the following offenses in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a level I fingerprint clearance card:
1. Sexual abuse of a vulnerable adult.
2. Incest.
3. Homicide, including first or second degree murder,
manslaughter and negligent homicide.
4. Sexual assault.
5. Sexual exploitation of a minor.
6. Sexual exploitation of a vulnerable adult.
7. Commercial sexual exploitation of a minor.
8. Commercial sexual exploitation of a vulnerable adult.
9. Child sex trafficking as prescribed in section 13-3212.
10. Child abuse.
11. Felony child neglect.
12. Abuse of a vulnerable adult.
13. Sexual conduct with a minor.
14. Molestation of a child.
15. Molestation of a vulnerable adult.
16. Dangerous crimes against children as defined in section
13-705.
17. Exploitation of minors involving drug offenses.
18. Taking a child for the purpose of prostitution as
prescribed in section 13-3206.
19. Neglect or abuse of a vulnerable adult.
20. Sex trafficking.
21. Sexual abuse.
22. Production, publication, sale, possession and presentation
of obscene items as prescribed in section 13-3502.
23. Furnishing harmful items to minors as prescribed in
section 13-3506.
24. Furnishing harmful items to minors by internet activity as
prescribed in section 13-3506.01.
25. Obscene or indecent telephone communications to minors
for commercial purposes as prescribed in section 13-
3512.
26. Luring a minor for sexual exploitation.
27. Enticement of persons for purposes of prostitution.
28. Procurement by false pretenses of person for purposes
of prostitution.
29. Procuring or placing persons in a house of prostitution.
30. Receiving earnings of a prostitute.
31. Causing one’s spouse to become a prostitute.
32. Detention of persons in a house of prostitution for debt.
33. Keeping or residing in a house of prostitution or
employment in prostitution.
34. Pandering.
35. Transporting persons for the purpose of prostitution,
polygamy and concubinage.
36. Portraying adult as a minor as prescribed in section 13-
3555.
37. Admitting minors to public displays of sexual conduct as
prescribed in section 13-3558.
38. Any felony offense involving contributing to the
delinquency of a minor.
39. Unlawful sale or purchase of children.
40. Child bigamy.
41. Any felony offense involving domestic violence as defined
in section 13-3601 except for a felony offense only
involving criminal damage in an amount of more than two
hundred fifty dollars but less than one thousand dollars
if the offense was committed before the effective date of
this section.
42. Any felony offense in violation of Title 13, Chapter 12 if
committed within five years before the date of applying
for a level I fingerprint clearance card.
43. Felony drug or alcohol related offenses if committed
within five years before the date of applying for a level I
fingerprint clearance card.
44. Felony indecent exposure.
45. Felony public sexual indecency.
46. Terrorism.
47. Any offense involving a violent crime as defined in section
13-901.03.
48. Trafficking of persons for forced labor or services.
C. A person who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the following offenses in this state or the same or
similar offenses in another state or jurisdiction is precluded from receiving a level I fingerprint clearance card, except that the person may petition the board of fingerprinting for a good cause exception pursuant to section
41-619.55:
1. Any misdemeanor offense in violation of Title 13, chapter12.
2. Misdemeanor indecent exposure.
3. Misdemeanor public sexual indecency.
4. Aggravated criminal damage.
5. Theft.
6. Theft by extortion.
7. Shoplifting.
8. Forgery.
9. Criminal possession of a forgery device.
10. Obtaining a signature by deception.
11. Criminal impersonation.
12. Theft of a credit card or obtaining a credit card by
fraudulent means.
13. Receipt of anything of value obtained by fraudulent use of a
credit card.
14. Forgery of a credit card.
15. Fraudulent use of a credit card.
16. Possession of any machinery, plate or other contrivance or
incomplete credit card.
17. False statement as to financial condition or identity to
obtain a credit card.
18. Fraud by persons authorized to provide goods or services.
19. Credit card transaction record theft.
20. Misconduct involving weapons.
21. Misconduct involving explosives.
22. Depositing explosives.
23. Misconduct involving simulated explosive devices.
24. Concealed weapon violation.
25. Misdemeanor possession and misdemeanor sale of peyote.
26. Felony possession and felony sale of peyote if committed
more than five years before the date of applying for a
level I fingerprint clearance card.
27. Misdemeanor possession and misdemeanor sale of a
vapor-releasing substance containing a toxic substance.
28. Felony possession and felony sale of a vapor-releasing
substance containing a toxic substance if committed
more than five years before the date of applying for a
level I fingerprint clearance card.
29. Misdemeanor sale of precursor chemicals.
30. Felony sale of precursor chemicals if committed more than
five years before the date of applying for a level I
fingerprint clearance card.
31. Misdemeanor possession, misdemeanor use or
misdemeanor sale of marijuana, dangerous drugs or
narcotic drugs.
32. Felony possession, felony use or felony sale of marijuana,
dangerous drugs or narcotic drugs if committed more
than five years before the date of applying for a level I
fingerprint clearance card.
33. Misdemeanor manufacture or misdemeanor distribution of
an imitation controlled substance.
34. Felony manufacture or felony distribution of an imitation
controlled substance if committed more than five years
before the date of applying for a level I fingerprint
clearance card.
35. Misdemeanor manufacture of misdemeanor distribution of
an imitation prescription–only drug.
36. Felony manufacture or felony distribution of an imitation
prescription-only drug if committed more than five
years before the date of applying for a level I fingerprint
clearance card.
37. Misdemeanor manufacture or misdemeanor distribution of
an imitation over-the-counter drug.
38. Felony manufacture or felony distribution of an imitation
over-the-counter drug if committed more than five
years before the date of applying for a level I fingerprint
clearance card.
39. Misdemeanor possession or misdemeanor possession with
intent to use an imitation controlled substance.
40. Felony possession or felony possession with intent to use
an imitation controlled substance if committed more
than five years before the date of applying for a level I
fingerprint clearance card.
41. Misdemeanor possession or misdemeanor possession with
intent to use an imitation prescription-only drug.
42. Felony possession or felony possession with intent to use
an imitation prescription-only drug if committed more
than five years before the date of applying for a level I
fingerprint clearance card.
43. Misdemeanor possession or misdemeanor possession with
intent to use an imitation over-the-counter drug.
44. Felony possession or felony possession with intent to use
an imitation over-the-counter drug if committed more
than five years before the date of applying for a level I
fingerprint clearance card.
45. Misdemeanor manufacture of certain substances and
drugs by certain means.
46. Felony manufacture of certain substances and drugs by
certain means if committed more than five years before
the date of applying for a level I fingerprint clearance
card.
47. Adding poison or other harmful substance to food, drink or
medicine.
48. A criminal offense involving criminal trespass under Title
13, Chapter 15.
49. A criminal offense involving burglary under Title 13, Chapter
15.
50. A criminal offense under Title 13, Chapter 23, except
terrorism.
51. Misdemeanor offenses involving child neglect.
52. Misdemeanor offenses involving contributing to the
delinquency of a minor.
53. Misdemeanor offenses involving domestic violence as
defined in section 13-3601.
54. Felony offenses involving domestic violence if the offense
only involved criminal damage in an amount of more
than two hundred fifty dollars but less than one
thousand dollars and the offense was committed before
the effective date of the section.
55. Arson.
56. Felony offenses involving sale, distribution or
transportation of, offer to sell, transport or distribute
or conspiracy to sell, transport or distribute marijuana,
dangerous drugs or narcotic drugs if committed more
than five years before the date of applying for a level I
fingerprint clearance card.
57. Criminal damage.
58. Misappropriation of charter school monies as prescribed in
section 13-1818.
59. Taking identity of another person or entity.
60. Aggravated taking identity of another person or entity.
61. Trafficking in the identity of another person or entity.
62. Cruelty to animals.
63. Prostitution, as prescribed in section 13-3214.
64. Sale or distribution of material harmful to minors through
vending machines as prescribed in section 13-3513.
65. Welfare fraud.
66. Any felony offense in violation of Title 13, Chapter12 if
committed more than five years before the date of
applying for a level I fingerprint clearance card.
67. Kidnapping.
68. Robbery, aggravated robbery or armed robbery.
