Arkansas Laws on Criminal Background Checks
- Criminal background checks are legal in Arkansas.hands in meeting image by timur1970 from Fotolia.com
Background checks provide past criminal history for an individual. Background checks can also be used to confirm an individual's Social Security number, name and present residential address. In Arkansas, the Arkansas State Police maintains the criminal background record for every individual in the state and also operates the Arkansas Online Criminal Background Check System. Individuals or entities who want copies of criminal background checks must go through the Arkansas State Police. - Access to the Arkansas Online Criminal Background Check System is limited to entities, such as employers and licensing boards approved under Act 63 of the First Extraordinary Session of 2003, that have registered with the Information Network of Arkansas (INA). Entitles registered with INA must pay a subscription fee and also have authorization from the individual they want to run the check on. In other words, an employer cannot run a check on an employee or potential employee without that person's authorization. It is a misdemeanor in Arkansas to access background checks without authorization.
- Individuals can also request a copy of their own record by mailing a notarized request, the ASP-122 form, in a sealed envelope to the Arkansas State Police. The fee is $20 per copy (as of 2010) and usually takes 7 to 10 days to process, excluding mail time. In Arkansas, individuals cannot request a criminal record on behalf of someone else or for someone else.
- In Arkansas, the report is limited to past felony and misdemeanor convictions, pending felony arrests within the last 3 years and sexual offender statuses. More specifically, the background check will state whether the individual is a sex offender and if so, what level and whether he is required to register as a sex offender. The FBI or other state's criminal history for an individual is not released in the Arkansas report. Additionally, arrests that were dismissed, not processed, or arrests where the individual was later found not guilty will also not be included in the report. Traffic reports that do not appear on the criminal record will also not be included.
Obtaining a Background Check Record on Employees
Obtaining Your Own Criminal Record
Information in the Record
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