Even though running a background check is a legal requirement for only some specific professions, it seems that every employer nowadays wants to examine the background of their prospective employees.
Running background checks may be a common practice today, though it is fascinating how little the average person knows about them. Our article will provide answers to the most commonly asked questions about background checks in Arkansas, so stay around to learn more.
What Are the Laws for Hiring Felons in Arkansas?
While federal law prohibits employers from using criminal history information to discriminate against applicants, felons are barred from getting employment in specific positions. Notably, jobs in the banking, education, insurance, health care, real estate industries, and other jobs requiring a special license.
Are Criminal Records Public in Arkansas?
Yes, Arkansas criminal records are available to the public. In contrast to Arkansas court records which are available exclusively to Arkansas residents, criminal records can be searched and viewed by anyone.
An Arkansas criminal record contains the complete criminal history of an offender, including information about their felonies, misdemeanors, and whether or not they are a registered sex offender. Arkansas sex offender laws impose that the information about offenders of sexual crimes is publicly available at the state sex offender registry.
Is Arkansas a Ban-The-Box State?
While most states in the US have implemented the Ban the Box legislation as a state law, Arkansas is not one of these states. Instead, ban-the-box laws in Arkansas only apply in specific cities and counties.
- Ban-the-box laws in Pine Bluff only apply to public sector employers in the city. It prohibits them from inquiring about the applicant’s criminal history on their employment application.
- Ban-the-box laws in Pulaski County also only apply to public sector employees. It mandates that they only inquire about the applicant’s criminal history after making them a conditional offer.
What Is the First Time Offender Act in Arkansas?
The First Time Offender Act is a special probation program that allows certain first-time offenders to avoid getting a criminal record. Under the First Time Offender Act, offenders can plead guilty or no contest and have their charges dismissed and expunged by the judge after their probation.
While expunged charges can’t be reported, dismissed charges can sometimes appear in certain Arkansas background checks though they will be reported as dismissed.
Please note that not every first-time offender qualifies for the First Time Offender Act. Additionally, even those who do qualify still have to convince the prosecutor to let them plea under the First Time Offender Act.
What Shows up on an Arkansas Background Check?
Arkansas state police background checks report the complete history of misdemeanor and felony convictions. These background checks also reveal pending felony charges for arrests not older than three years of Arkansas offenders.
Does a DUI Show Up on a Background Check in Arkansas?
As both DUI and DWI are considered criminal offenses in Arkansas law, they will appear on both driving record checks and criminal background checks in Arkansas.
Arkansas is a zero-tolerance state, which means the terms DUI (driving under the influence) and DWI (driving while intoxicated) are interchangeable in its state law.
- The DUI charge in Arkansas only applies to drivers younger than 21 caught driving with a BAC of 0.02% or more
- Drivers older than 21 caught driving with a BAC of 0.08% or more are charged with DWI
- Drivers of commercial vehicles caught driving with a BAC of 0.04% are also charged with DWI
In any case, any background check for employment in Arkansas is likely to fish out a DUI/DWI charge, which in turn can affect certain job prospects.
How Long Does a DUI Stay On Your Background Check in Arkansas?
If the offender were younger than 21 when charged with the DUI charge, it would be removed from their record as soon as they serve their punishment.
On the other hand, if they were older than 21 and were charged with a DWI charge instead, it would remain on their record for five years.
How Long Does a Misdemeanor Stay On Your Record in Arkansas?
Misdemeanor charges don’t get removed from Arkansas criminal records, but rather, offenders must petition a court of law to get their misdemeanors expunged and, therefore, removed from their records.
In most cases, offenders can petition for removal as soon as they finish serving their sentence. However, for some misdemeanors, like specific battery and indecency charges, they must wait five years after completing their sentence, before they can petition for removal.
How Long Does a Felony Stay On Your Record in Arkansas?
Just like misdemeanors, felony charges don’t get removed from the Arkansas criminal record unless the offender gets a petition for their removal approved. However, some felonies are ineligible for removal under Arkansas law.
In some cases where the felonies are eligible, offenders can petition for removal right after they have completed their sentence, including:
- Nonviolent Class C and Class D felonies
- Felonies punishable by less than 10 years of prison time
- Specific drug-related Class A and Class B felonies
- Nonviolent felonies committed by a minor
On the other hand, offenders convicted of violent class C and class D felonies have to wait five years after serving their sentence before they can petition to get them expunged.
What Felonies Cannot Be Expunged in Arkansas?
The following felony convictions are ineligible for removal under Arkansas state law:
- Any felony conviction when the offender has more than one priors
- Any Class Y, and non-drug-related Class A and Class B felonies
- Violent and sexual felonies
- Manslaughter felonies
- Any felony punishable by 10+ years of prison time
- Motor vehicle felonies involving a commercial driver’s license
Any Arkansas criminal background check will report the above felonies, and in some cases, it may disqualify applicants from certain job prospects.
How Do I Find Someone’s Charges in Arkansas?
Many concerned parties may want to check the criminal records of someone else. In such cases, they can either run a background check through the Arkansas State Police or hire the services of a background check provider.
How Do I Get a State Background Check in Arkansas?
Arkansas state police background checks can be made both through mail or electronically. In both cases, the signature of the person subject to the background check is required.
When done through mail, the background check request form must be notarized, and sent to Arkansas State Police’s mailing address. The required form can be found on Arkansas State Police’s website.
To conduct an electronic criminal background check in Arkansas, the requestor must first register with the Arkansas State Police website and get their application approved. After getting the necessary approval, they will have to register with the Information Network of Arkansas and get the credentials required to gain electronic access to certain criminal history information from the Arkansas criminal records.
Alternatively, concerned parties can also conduct online background checks by registering with professional background screening providers and having them run them.
How Long Does an Arkansas Background Check Take?
Obtaining a background check with the Arkansas State Police manually, or by mail, can take between seven and 10 days, plus mailing time.
The electronic background check done on the Arkansas State Police website is significantly quicker. Depending on the inquiry and the information submitted, in some cases, it can be completed in a few minutes. If additional research is required, it can take up to several hours.
Since Arkansas background checks obtained through a professional background check provider can examine much more than just someone’s criminal history, they can take up to five business days to be completed. For example, searching for someone’s criminal record and running an education verification screening requires additional research, so it will take longer to finish.
How Far Back Does a Background Check Go in Arkansas?
The period examined in background checks can vary considerably depending on the inquiry. Some information, such as arrests with no conviction, civil lawsuits and judgments, liens, and bankruptcies, can only be reported when they are not older than seven years.
Criminal records, misdemeanors, felonies, and sexual crimes history are generally reported indefinitely, though there are certain exceptions for juvenile crimes and sealed, dismissed, and expunged charges.
When it comes to pre-employment background checks, other exceptions can be made, depending on the job position and the offered salary for it.
In addition to understanding Arkansas background check laws, there are some federal regulations, such as the FCRA, to be aware of when examining someone. For this reason, it is always a good idea to consider hiring a professional background check provider that will remain compliant with the laws when examining someone’s background.
How Much Does It Cost to Get a Background Check in Arkansas?
The State Police Arkansas criminal background check costs $25 when done by mail and $22 when done online. Please note that a $75 annual fee is also associated with the Information Network of Arkansas, incurred only when conducting a background check online.
Additionally, requestors can opt to run an additional fingerprint background check against the FBI’s database for an additional $14.25.
Examinations conducted with a background-checking service provider can cost anywhere between $20 and $150 or more, depending on the inquiry. Simple criminal history checks aren’t as costly, though their price can rise if additional research, like running a social media background check, is requested.
The Bottom Line
Background checks in Arkansas and everywhere else in the US serve as a valuable tool for concerned parties. They provide the necessary information to give employers more details about an applicant’s past and allow them to make an informed decision when hiring.
Even though they aren’t always required by law, all employers can use them to reduce the chances of negligent hiring and employ candidates that fit the positions. Staying compliant with the federal and Arkansas background check laws while performing a background check can be complicated. There are many different laws to consider, so relying on a professional background check provider is a good way for employers to ensure they aren’t breaking any rules.
