41-1758.04. Denial, suspension or revocation of fingerprint clearance card; driving restricted notation

A. The division shall deny the issuance of a fingerprint clearance card to any person who is awaiting trial on or who has been convicted of an offense listed in section 41-1758.03, subsection B or C or section 41-1758.07, subsection B or C. The division shall deny the issuance of a fingerprint clearance card if required pursuant to section 41-1758.03, subsection L or section 41-1758.07, subsection L.

B. The division shall revoke the fingerprint clearance card of a person who has received a fingerprint clearance card and who is subsequently convicted of an offense listed in section 41-1758.03, subsection B or section 41-1758.07, subsection B.

C. The division shall suspend the fingerprint clearance card of a person who becomes subject to registration as a sex offender or a person who is arrested for an offense listed in section 41-1758.03, subsection B or C or section 41-1758.07, subsection B or C.

D. A person who has been arrested for an offense listed in section 41-1758.03, subsection C or section 41-1758.07, subsection C and whose fingerprint clearance card has been suspended pursuant to this section may request a good cause exception hearing pursuant to section 41-619.55.

E. The division shall place a driving restriction notation on the fingerprint clearance card of a person who is subsequently arrested for an offense listed in section 41-1758.03, subsection D or section 41-1758.07, subsection D.

F. The division shall notify the agency and person in writing if the division suspends, revokes or places a driving restriction notation on a person's fingerprint clearance card pursuant to this section. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544.