Arkansas Background Check Laws (2026 Guide)

Arkansas background check law draws from the federal Fair Credit Reporting Act (FCRA), specific state statutes, and local ordinances rather than one unified code. Employers using third-party screeners must obtain written consent and follow FCRA adverse-action procedures, while Ark. Code Ann. 17-1-103 bars licensing boards from automatically disqualifying applicants based on a criminal conviction.

Arkansas does not have a single unified background check statute. Instead, the state relies on a combination of federal law, specific industry statutes, and local ordinances that together govern how criminal history information can be used in employment, housing, and professional licensing decisions.

Whether you are an employer screening job applicants, a landlord reviewing tenants, or someone with a criminal record trying to move forward, understanding these overlapping rules is critical. This guide breaks down every major aspect of Arkansas background check law based on the statutes and regulations currently in effect.

How Criminal Background Checks Work in Arkansas

The Arkansas State Police Identification Bureau operates the state criminal background check system. Employers and other authorized parties can request checks through the Arkansas State Police Criminal Background Check System, which provides both state-level and FBI national checks.

There are two primary types of background checks available in Arkansas:

State Criminal Background Check. This search covers Arkansas criminal records maintained by the Arkansas Crime Information Center (ACIC). A state check does not require fingerprints and costs $22 per search. It returns Arkansas-specific arrest and conviction records.

National (FBI) Background Check. This search requires fingerprint submission and checks federal records through the FBI database. It is required for certain regulated industries, including healthcare, childcare, education, and law enforcement.

Under Ark. Code Ann. 12-12-1009, conviction information is released for noncriminal justice purposes only to a government agency that needs it to enforce a law, to an entity authorized to receive it by state or federal law or by the subject of the record in writing, and to federal agencies or record repositories in other states acting under legal authority. Information released this way may be used only for the purpose it was requested for and cannot be passed along to anyone else.

Non-conviction information is not available from the state repository for noncriminal justice purposes at all. That limit governs what the state releases; it does not control what a private screening company can assemble from court records under the FCRA rules described below.

Nothing in the statute requires these requests to be filed electronically. The online system at cbc.ark.org is a State Police service channel rather than a legal mandate, and Ark. Code Ann. 12-12-1012 sets one fee cap for electronic internet submissions and a separate, higher cap for information provided by means other than the internet.

Who Can Request a Background Check?

Not everyone can access criminal history records in Arkansas. Under state law, a person or entity may request a criminal background check only if:

• A state or federal law mandates the check for a specific purpose
• The subject of the search has provided signed, written consent

Employers conducting pre-employment screening fall under the consent category and must obtain written authorization from the applicant before running a check.

Ban the Box Laws in Arkansas

Arkansas does not have a statewide Ban the Box law. Private employers across the state may ask about criminal history on job applications, during interviews, and at any point in the hiring process.

However, three local jurisdictions have adopted their own fair-chance hiring ordinances that restrict when public employers can ask about criminal convictions:

These local ordinances apply only to public-sector employment within each jurisdiction. Private employers in Little Rock, Pulaski County, and Pine Bluff are not covered by these local rules.

Because Arkansas lacks statewide fair-chance legislation, private employers retain broad discretion in how and when they consider criminal history. That said, all employers remain bound by federal anti-discrimination protections under Title VII of the Civil Rights Act of 1964.

FCRA Requirements for Arkansas Employers

When an Arkansas employer uses a third-party consumer reporting agency (CRA) to conduct a background check, the federal Fair Credit Reporting Act (FCRA) applies. The FCRA establishes specific requirements that employers must follow before, during, and after the screening process.

Before the Background Check

Employers must take two steps before requesting a background check through a CRA:

1. Provide a standalone written disclosure to the applicant stating that a background check will be conducted. This disclosure must be a separate document and cannot be buried inside a job application.
2. Obtain signed written authorization from the applicant granting permission to run the check.

The Seven-Year Lookback Period

The FCRA restricts how far back certain types of records can be reported. Under 15 U.S.C. 1681c, consumer reporting agencies generally cannot report the following if they are more than seven years old:

• Arrests that did not result in conviction
• Civil suits and civil judgments
• Paid tax liens
• Accounts placed for collection
• Any other adverse item (except criminal convictions)

Criminal convictions have no time limit under the FCRA. A conviction, whether sealed or not (if still accessible), can be reported regardless of how old it is.

There is one significant exception to the seven-year rule: it does not apply to positions with an expected annual salary of $75,000 or more. For higher-paying positions, CRAs may report non-conviction records beyond the seven-year window.

Adverse Action Process

If an employer decides not to hire someone based (in whole or in part) on information from a background check, the FCRA requires a two-step adverse action process:

Step 1: Pre-Adverse Action Notice. Before making a final decision, the employer must provide:

• A copy of the background check report
• A copy of the applicant's rights under the FCRA (the "Summary of Rights" document)
• Written notice that the employer is considering an adverse employment decision

Step 2: Final Adverse Action Notice. After waiting a reasonable period (typically five business days) to allow the applicant to dispute inaccurate information, the employer must provide:

• Written notice of the final decision
• The name, address, and phone number of the CRA that supplied the report
• A statement that the CRA did not make the hiring decision
• Notice of the applicant's right to obtain a free copy of the report and to dispute its accuracy

Failing to follow this process can expose employers to lawsuits under the FCRA, including statutory damages of $100 to $1,000 per violation.

Criminal Record Sealing in Arkansas

Arkansas enacted the Comprehensive Criminal Record Sealing Act of 2013, codified at Ark. Code Ann. 16-90-1401 through 16-90-1419. This law replaced the previous patchwork of expungement statutes and created a uniform system for sealing criminal records.

Record sealing is different from expungement. When a record is sealed, the court clerk removes all documents from the public file and places them in a confidential holding area. Electronic records are also restricted. The record still exists but is no longer accessible to the general public, most employers, and most background check companies.

Eligibility for Misdemeanor Sealing

Under Ark. Code Ann. 16-90-1405, a person may petition to seal a misdemeanor conviction or violation immediately after completing their sentence, including full payment of restitution and court costs and satisfaction of any driver's license reinstatement fees and requirements tied to the case.

Several offenses are carved out of that immediate eligibility. Ark. Code Ann. 16-90-1405(b)(1) attaches a five-year waiting period, measured from completion of the sentence for the conviction, to six misdemeanors:

• Negligent homicide under Ark. Code Ann. 5-10-105, if it was a Class A misdemeanor
• Battery in the third degree under Ark. Code Ann. 5-13-203
• Indecent exposure under Ark. Code Ann. 5-14-112
• Public sexual indecency under Ark. Code Ann. 5-14-111
• Sexual assault in the fourth degree under Ark. Code Ann. 5-14-127
• Domestic battering in the third degree under Ark. Code Ann. 5-26-305

Misdemeanor driving or boating while intoxicated is handled separately. Under Ark. Code Ann. 16-90-1405(b)(2), a petition to seal that conviction cannot be filed until the applicable lookback periods in Ark. Code Ann. 5-65-111 have elapsed.

Eligibility for Felony Sealing

Under Ark. Code Ann. 16-90-1406, certain felony convictions may be sealed, but the eligibility rules are more restrictive:

Felonies that cannot be sealed include:

• Class Y felonies
• Class A felonies (except certain drug offenses)
• Class B felonies (except certain drug offenses)
• Manslaughter
• Sex offenses classified as felonies
• Felonies involving violence against a person
• Unclassified felonies punishable by more than ten years in prison

Effect of a Sealed Record

Under Ark. Code Ann. 16-90-1417, a sealed record is treated "as a matter of law" as if the conviction never occurred. A person with a sealed record:

• May legally state that the conviction did not happen
• May state on job applications that no criminal record exists
• Has all civil rights and privileges restored (with one major exception)

Firearms restriction: Sealing a felony conviction does not restore the right to possess a firearm. Only a gubernatorial pardon can restore firearm rights after a felony conviction in Arkansas.

Who Can Still Access Sealed Records?

Sealed records are not completely invisible. The following entities retain access:

• The Arkansas Crime Information Center (ACIC)
• Prosecuting attorneys, if the person is charged with a new crime
• Judges, if the person is convicted of a new crime (for sentencing purposes)
• Law enforcement agencies during active investigations
• Certain licensing boards in fields like healthcare, childcare, and law enforcement

How to Petition for Record Sealing

The petition process involves these steps:

1. Obtain the appropriate petition form from the Arkansas Department of Public Safety
2. Complete the Petition and Order to Seal
3. File the petition with the court where the original sentence was imposed
4. The judge reviews the petition and, if eligibility requirements are met, signs the Order to Seal
5. The court clerk forwards the signed order to ACIC
6. ACIC has 30 days from receipt to update its records

Filing fees vary by court but are generally required. Some courts may waive fees for indigent petitioners.

Recent Legislative Updates

The Arkansas legislature has continued to refine record sealing laws. In 2025, several bills addressed related areas:

• SB429 (2025) expanded sealing eligibility for human trafficking victims, allowing minors at the time of the offense to seal any conviction, while adults remain limited to prostitution-related offenses
• SB485 (2025) required that probation conditions be "narrowly tailored" to the defendant's rehabilitation and public safety needs
• SB487 (2025) addressed sealing provisions for juvenile delinquency adjudications involving felony violence

A separate bill, SB277, which would have allowed sealing of misdemeanor theft of property convictions after ten years, passed the Senate but died in the House Judiciary Committee in May 2025.

Employment Background Checks

Beyond the FCRA requirements that apply when using a third-party CRA, Arkansas employers should be aware of several state-specific rules.

Social Media Privacy Protection

Under Ark. Code Ann. 11-2-124, employers in Arkansas are prohibited from:

• Requesting or requiring an applicant or employee to disclose social media passwords or account login information
• Requiring an applicant to add the employer or a representative as a contact on any social media platform
• Taking adverse action against an applicant or employee for refusing to comply with such requests

EEOC Guidance and Title VII

While not Arkansas-specific, the EEOC's 2012 Enforcement Guidance on arrest and conviction records applies to all Arkansas employers with 15 or more employees.

Under this guidance, employers should conduct an individualized assessment before rejecting an applicant based on criminal history. The assessment should consider:

• The nature and gravity of the offense
• The time that has passed since the offense or completion of the sentence
• The nature of the job held or sought (the "Green factors" from Green v. Missouri Pacific Railroad)

A blanket policy of refusing to hire anyone with a criminal conviction may constitute disparate impact discrimination under Title VII if it disproportionately affects applicants of a particular race, color, national origin, sex, or religion.

Expunged and Sealed Record Protections

Under Ark. Code Ann. 16-90-1417, an applicant whose criminal record has been sealed is not required to disclose that record to an employer. If asked on an application or during an interview whether they have been convicted of a crime, the applicant may legally answer "no" regarding the sealed conviction.

Employers who discover a sealed record through unauthorized means cannot use it as a basis for an employment decision.

Housing Background Checks

Arkansas does not have a state law specifically governing the use of criminal background checks in tenant screening. Landlords and property managers who use third-party screening services are subject to the federal FCRA requirements described above.

What Landlords Can Screen For

Arkansas landlords may screen prospective tenants for:

• Criminal history (convictions)
• Credit history and credit score
• Eviction history
• Rental history and references
• Income verification

FCRA Requirements for Landlords

When a landlord uses a CRA for tenant screening, the same FCRA rules apply as in employment screening:

• Written disclosure and signed consent are required before running the check
• The seven-year reporting limit applies to non-conviction records
• If the landlord denies a tenancy based on the screening report, they must provide an adverse action notice

Fair Housing Considerations

Under the federal Fair Housing Act, landlords cannot discriminate based on race, color, national origin, religion, sex, familial status, or disability. The Department of Housing and Urban Development (HUD) has issued guidance stating that blanket criminal history bans in tenant screening may violate the Fair Housing Act if they have a disparate impact on protected classes.

Arkansas law also prohibits housing discrimination against domestic violence victims.

Landlords should apply consistent, documented screening criteria to all applicants and avoid policies that automatically disqualify anyone with any criminal record.

Professional Licensing Background Checks

Arkansas imposes background check requirements for many professional licenses, particularly in healthcare, education, childcare, and security fields.

General Licensing Protections

Under Ark. Code Ann. 17-1-103, Arkansas has established an important baseline rule: a criminal conviction cannot automatically disqualify a person from obtaining a professional license. The statute declares that it is state policy to "encourage and contribute to the rehabilitation of criminal offenders." A board may take an unsealed, unpardoned conviction into account, but the conviction cannot operate as an automatic bar.

The same section treats two things as prima facie evidence of sufficient rehabilitation: completion of probation or parole supervision, and five years after final discharge or release from a term of imprisonment without a subsequent conviction.

If a licensing board denies an application based on a felony conviction, it must provide a written explanation detailing the specific reasons for the denial.

Waivers for Disqualifying Convictions

A separate statute, Ark. Code Ann. 17-3-102, lists convictions that make a person ineligible to receive or hold a license issued under Title 17 unless the conviction was sealed, pardoned, or expunged. An applicant or licensee with one of those convictions may request a waiver, and under Ark. Code Ann. 17-3-102(b)(2) the bases on which a licensing entity may grant one include, without limitation:

• The age at which the offense was committed
• The circumstances surrounding the offense
• The length of time since the offense was committed
• Subsequent work history
• Employment and character references
• The relevance of the offense to the occupational license
• Other evidence that licensing the applicant does not pose a threat to public health or safety

These are discretionary criteria a board may weigh when deciding a waiver request. They are not a mandatory individualized assessment that every board owes every applicant.

Ark. Code Ann. 17-3-102 also bars a licensing entity from denying a license on vague or generic grounds such as "moral turpitude" or "good character," and from considering an arrest that produced no conviction. For an applicant whose disqualifying conviction was not for a violent or sexual offense and who has no later convictions, the disqualification generally cannot be counted for more than five years from the latest of conviction, incarceration, or the end of probation. A short list of the most serious offenses in subsection (e) results in permanent disqualification.

Records That Cannot Be Used

Under Ark. Code Ann. 17-1-103, licensing boards cannot use, distribute, or disseminate:

• Arrests not followed by a valid felony conviction
• Convictions that have been expunged, sealed, or pardoned by the Governor
• Misdemeanor convictions (except misdemeanor sex offenses or misdemeanors involving violence)

Healthcare and Nursing

The Arkansas State Board of Nursing requires all first-time license applicants to undergo both a state and national (FBI) criminal background check, including fingerprinting, under Ark. Code Ann. 17-87-312. The board may issue a nonrenewable temporary permit valid for up to six months while background check results are pending.

Applicants with convictions listed in Ark. Code Ann. 17-3-102 are generally ineligible for licensure but may request a waiver under certain circumstances.

Childcare and Education

The Arkansas Department of Human Services requires criminal background checks for all employees of licensed childcare facilities under Ark. Code Ann. 20-38-101 et seq. Certain offenses result in permanent disqualification from childcare employment, while others may not disqualify if the applicant has completed probation or parole and paid all court-ordered obligations.

The Arkansas Division of Elementary and Secondary Education also requires background checks for all educators and maintains a list of disqualifying offenses that must be reported.

Firearm Purchase Background Checks

Arkansas follows federal law for firearm purchases from licensed dealers. All purchases through a Federal Firearms Licensee (FFL) require a National Instant Criminal Background Check System (NICS) check conducted by the FBI.

However, Arkansas does not require background checks for private firearm sales or transfers. A person selling a firearm to another individual in a private transaction is not required to conduct or facilitate a background check.

Arkansas holders of a valid Concealed Handgun Carry License (CHCL) are exempt from the NICS check requirement when purchasing a handgun from an FFL, because the license itself requires a background check as part of the application process.

Since 2023, Arkansas has been a permitless carry state, meaning residents who are legally eligible to possess a firearm may carry a concealed handgun without obtaining a CHCL. The optional CHCL and Enhanced CHCL (E-CHCL) remain available for those who want reciprocity with other states or access to additional carry locations.

Key Differences Between State and Federal Requirements

How to Check Your Own Criminal Record in Arkansas

Individuals can request their own criminal history record from the Arkansas State Police. This is useful for verifying accuracy before applying for jobs, housing, or professional licenses.

To request your record:

1. Visit the Arkansas State Police Criminal Background Check System
2. Submit the required identification information
3. Pay the $22 processing fee
4. Review the report for accuracy

If you find errors in your criminal history record, contact the Arkansas Crime Information Center to request a correction. Under Ark. Code Ann. 12-12-1013, a person who positively verifies their identity may review the criminal history information the State Police Identification Bureau and the central repository maintain about them and may challenge its completeness or accuracy. If the challenge shows the record is inaccurate, incomplete, or improperly maintained, the responsible agency must correct it and then notify every agency or person known to have received the old version during the previous year. Records held in the National Crime Information Center must be requested from the FBI instead.