At-a-Glance Compliance Overview

State Mini-FCRA Laws

Arkansas does not maintain a comprehensive consumer reporting statute comparable to the “mini-FCRA” laws adopted in states such as California, Colorado, or Massachusetts.

Employment background checks obtained from consumer reporting agencies are governed primarily by the federal Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers using third-party background screening providers must comply with federal requirements, including:

• providing a clear written disclosure before obtaining a consumer report
• obtaining written authorization from the applicant or employee
• providing pre-adverse action and adverse action notices when information in a consumer report influences an employment decision.

Criminal Record Reporting Rules

Arkansas does not impose state-specific reporting limits on criminal records in employment background checks.

Convictions

Criminal convictions may generally be reported without time limitation under FCRA §605(a)(5).

Non-Convictions

Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests, indictments, or other adverse non-conviction information that is more than seven years old.

Sealed Records

Arkansas permits courts to seal certain criminal records under the Comprehensive Criminal Record Sealing Act of 2013, codified at:

Ark. Code §16-90-1401 – §16-90-1419

Eligible individuals may petition courts to seal certain:

• dismissed charges
• misdemeanor convictions
• certain nonviolent felony convictions after statutory waiting periods.

Once a record has been sealed by court order, it generally may not appear in employment background checks.

Fair Chance / Ban-the-Box Law

Arkansas has not adopted a statewide ban-the-box law affecting private employers.

Private employers may inquire about criminal history during the hiring process, including on initial job applications.

Some state government hiring policies limit criminal history questions for public employment, but those policies do not regulate private employers.

Employers should ensure that criminal history screening practices comply with federal anti-discrimination laws when evaluating criminal records.

Credit Check Restrictions

Arkansas does not impose statutory restrictions on employer use of consumer credit reports for employment purposes.

Employers may obtain credit reports if they comply with the Fair Credit Reporting Act, including disclosure, authorization, and adverse action requirements.

Employers should ensure that credit checks are relevant to the duties of the position when used in hiring decisions.

Cannabis Use and Drug Testing Rules

Arkansas permits medical marijuana under the Arkansas Medical Marijuana Amendment, adopted as Arkansas Constitution Amendment 98.

The law allows registered patients to obtain medical marijuana for qualifying medical conditions.

However, the amendment preserves employer authority to enforce workplace drug policies. Employers may:

• maintain drug-free workplace policies
• prohibit marijuana use during work hours
• discipline employees for workplace impairment
• prohibit possession or use of marijuana on company property.

The law does not require employers to accommodate marijuana use in the workplace.

Pay Equity and Salary History Rules

Arkansas does not maintain a statewide salary history ban affecting private employers.

The state also does not impose pay transparency laws requiring employers to disclose compensation ranges in job postings.

Employers must still comply with federal and state anti-discrimination laws governing compensation practices.

Local Fair Chance or Screening Ordinances

Arkansas does not currently maintain municipal fair chance hiring ordinances affecting private employers.

Cities such as Little Rock, Fayetteville, and Fort Smith have not enacted local laws restricting private employer use of criminal history information in hiring decisions.

Employers operating throughout Arkansas generally follow the same statewide rules governing employment background checks.

Record Sealing / Clean Slate Laws

Arkansas allows individuals to seal certain criminal records under the Comprehensive Criminal Record Sealing Act, codified at:

Ark. Code §16-90-1401 et seq.

Eligible individuals may petition courts to seal certain:

• nonviolent misdemeanor convictions
• certain nonviolent felony convictions
• charges that did not result in conviction.

Once sealed, the record is treated as confidential and generally removed from public access. Sealed records typically do not appear in routine employment background checks.

Arkansas does not currently provide a fully automatic clean slate record-sealing system.

Key Statutes

• Comprehensive Criminal Record Sealing Act – Ark. Code §16-90-1401 – §16-90-1419

• Arkansas Medical Marijuana Amendment – Arkansas Constitution Amendment 98

Employer Compliance Checklist

Employers conducting background checks in Arkansas should implement several compliance practices.

• Follow federal Fair Credit Reporting Act disclosure and authorization requirements when ordering background checks.

• Provide pre-adverse action and adverse action notices when consumer reports influence hiring decisions.

• Ensure background screening providers exclude sealed records from employment reports.

• Apply criminal history screening policies consistently to reduce discrimination risks.

• Maintain clear workplace drug testing policies addressing medical marijuana and workplace impairment.

• Ensure credit checks are relevant to the duties of the position when used in hiring decisions.