Agencies without legal authority can no longer require fingerprint clearance cards, some workers waiting on a card may get temporary permission to work, and traffic survival school instructors will need a card starting after December 31, 2026.
Official title: fingerprint clearance cards; temporary authorization
- September 12, 2026: Limits on agencies requiring fingerprint clearance cards and temporary work authorization
- From and after December 31, 2026: Fingerprint clearance card requirement for traffic survival school instructors
What changes
BeforeOwners of 20% or more of a traffic survival school (including partners and stockholders) seeking a license had to provide a valid fingerprint clearance card.
NowEach instructor employed by or under contract with a traffic survival school must also provide a valid fingerprint clearance card to the department or its contracted private entity.
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NowA state agency, board or commission without statutory authority to require a fingerprint clearance card may not require one as a condition of licensure, certification, registration or employment.
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NowFor occupations and positions pending approval for a federal criminal records check, a person who must have a fingerprint clearance card may be granted a temporary work authorization by the relevant agency while the card application is processed, if all other requirements are met.
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NowTo work under the temporary authorization, the person must show the agency proof that the card application is pending and sign notarized agency forms certifying they are not awaiting trial on, or convicted of or admitted to, listed offenses, and are not subject to sex offender registration.
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NowThe temporary authorization expires if the card is denied, and the department must notify the agency. The agency may run a third-party background check, deny the authorization based on verifiable information about listed offenses or sex offender registration, and take disciplinary action against anyone who misrepresents the required information.
Who it affects
- Traffic survival school instructors
- Workers in jobs that require a fingerprint clearance card
- Applicants for licenses, certifications or registrations
- Traffic survival schools
- State agencies, boards and commissions
What you need to do
Traffic survival school instructors must provide a valid fingerprint clearance card once that rule takes effect after December 31, 2026. Workers seeking temporary work authorization must provide proof of a pending card application and a notarized certification.
What the law doesn't answer
- Which specific occupations and positions are pending approval for a federal criminal records check
- How long a temporary work authorization can last if the card application is not decided
- Whether there is any fee for temporary work authorization
- What disciplinary action may be taken for misrepresentation
- What happens to traffic survival school instructors who cannot obtain a card
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.