What may be reported on a state criminal history search?
- Jurisdiction where record is recorded
- Case number
- Filing date
- Degree of offense, such as a misdemeanor
- Disposition date
Criminal Record Restrictions
The state does not place many restrictions on employers, public or private, using information obtained through an Arkansas background check. There is no statewide ban the box law in effect and few local restrictions exist. This summary of the restrictions in place will enable a more thorough understanding of what can be accessed.
In most cases, Arkansas employers are not legally permitted to obtain any information about arrests that did not lead to a conviction. An exception applies if the applicant was arrested on felony charges within the three years leading up to the background check; these records will appear on a criminal history search.
Arkansas does not prohibit or restrict the way employers ask about and use conviction records.
Records Under Seal:
Sealed felony arrests (even those 3 or fewer years old), sealed convictions, and expunged criminal records cannot be accessed by Arkansas employers.
Ban the Box:
To date, only one municipality in Arkansas has chosen to implement a ban the box policy. In 2016, Pulaski County (home to state capital Little Rock) enacted an ordinance delaying criminal history checks until after an initial offer of employment. The law applies only to public employers in the county and provides a method for appeal so applicants can make their case before the withdrawal of a job offer.
As of August 2017, new rules mean employers must provide a copy of a background check conducted on an applicant or employee at the subject's request. A similar provision was made a part of Pulaski County's ban the box ordinance. Aside from this new law and the restrictions outlined above, there are no restrictions to note.
Employers should continue to keep in mind the non-discrimination guidelines created by the EEOC, as well as their responsibilities under the Civil Rights Act and the Fair Credit Reporting Act.