12-3301 – Private Process Servers; Background Investigation

Understand the background investigation requirements for private process servers in Arizona under statute 12-3301. Ensure compliance and secure your certification with TPS.

Arizona statute 12-3301 outlines the requirements for background investigations for private process servers. This guide will help you understand the necessary steps to comply with this statute and become a certified process server in Arizona.

Arizona Statute 12-3301 Overview:

Purpose:

The purpose of Arizona Statute 12-3301 is to ensure that individuals applying to become private process servers undergo thorough background investigations. This helps maintain the integrity and reliability of those serving legal documents within the state.

Key Requirements Under 12-3301:

Criminal Background Check:

• All applicants must undergo a criminal background check.
• This check is conducted to ensure that applicants do not have any disqualifying criminal history.

Submission of Fingerprints:

• Applicants are required to submit a full set of fingerprints.
• These fingerprints are used to conduct the background check through state and federal databases.

Disqualifying Offenses:

• Certain criminal convictions may disqualify an applicant from becoming a process server.
• This includes, but is not limited to, felonies and crimes involving moral turpitude.

Steps to Complete the Background Investigation:

1. Submit Application:

• Complete the process server application form available from the Clerk of the Superior Court in the county where you intend to serve.

2. Fingerprint Submission:

• Obtain a fingerprint card from a local law enforcement agency or an authorized fingerprinting service.
• Submit the completed fingerprint card along with your application.

3. Background Check Processing:

• The Clerk of the Superior Court will forward your fingerprints to the Arizona Department of Public Safety and the Federal Bureau of Investigation (FBI) for a criminal history check.

4. Review and Approval:

• Once the background investigation is complete, the Clerk of the Superior Court will review the results.
• If the background check is satisfactory, the applicant may proceed with the certification process.

Importance of Compliance:

Complying with Arizona Statute 12-3301 is crucial for maintaining the credibility and professionalism of private process servers. A thorough background investigation helps protect the public and the legal system by ensuring that only qualified individuals serve legal documents.

Best Practices for Compliance:

• Accuracy: Ensure all information provided in the application is accurate and truthful.
• Preparation: Gather all necessary documents and complete the fingerprinting process in advance.
• Legal Consultation: Consider consulting with a legal professional to ensure full compliance with all requirements.

Conclusion:

Arizona Statute 12-3301 outlines the mandatory background investigation process for individuals applying to become private process servers. Understanding and complying with these requirements is essential for successful certification.

Frequently Asked Questions (FAQs)

What is Arizona Statute 12-3301?

Arizona Statute 12-3301 specifies the requirements for background investigations of individuals applying to become private process servers.

What does the background investigation include under 12-3301?

The background investigation includes a criminal history check using state and federal records, fingerprint submission, and potentially character references and a review of personal history.

How do I submit fingerprints for the background check?

Fingerprints must be taken and submitted as part of the application process. This can typically be done at designated locations such as law enforcement agencies or authorized fingerprinting services.

What types of offenses are disqualifying?

Felonies and crimes involving moral turpitude are examples of disqualifying offenses.

What happens if I have a disqualifying offense?

If an applicant has a disqualifying offense, they will not be eligible for certification as a private process server in Arizona.

How long does the certification process take?

The timeframe can vary depending on how quickly the background check is completed and the application is reviewed.

Can TPS assist with the process server certification process in Arizona?

Yes, TPS offers comprehensive support to help you navigate the certification process and ensure compliance with Arizona Statute 12-3301.