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16-90-1416. Release of sealed records.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-1416. Release of sealed records.
(a) The custodian of a sealed record shall not disclose the existence of the sealed record or release the sealed record except when requested by:
(1) The person whose record was sealed or the person's attorney when authorized in writing by the person;
(2) A criminal justice agency, as defined in § 12-12-1001, and the request is accompanied by a statement that the request is being made in conjunction with:
(A) An application for employment with the criminal justice agency by the person whose record has been sealed; or
(B) A criminal background check under the Polygraph Examiners Licensing Act, § 17-39-101 et seq., or the Private Security Agency, Private Investigator, and School Security Licensing and Credentialing Act, § 17-40-101 et seq.;
(3) A court, upon a showing of:
(A) A subsequent adjudication of guilt of the person whose record has been sealed; or
(B) Another good reason shown to be in the interests of justice;
(4) A prosecuting attorney, and the request is accompanied by a statement that the request is being made for a criminal justice purpose;
(5) A state agency or board engaged in the licensing of healthcare professionals;
(6) The Arkansas Crime Information Center; or
(7) The Arkansas Commission on Law Enforcement Standards and Training.
(b)(1) As used in this section, “custodian” does not mean the Arkansas Crime Information Center.
(2) Access to data maintained by the center shall be governed by § 12-12-1001 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-1416
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-90-1416
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6cc0fbd6d48c49f1fe27589b9e721e1573858c3c3beb9abae38504678d02f59d
Source location: content.xml paragraph 36156
Stored source content
16-90-1416. Release of sealed records.
(a) The custodian of a sealed record shall not disclose the existence of the sealed record or release the sealed record except when requested by:
(1) The person whose record was sealed or the person's attorney when authorized in writing by the person;
(2) A criminal justice agency, as defined in § 12-12-1001, and the request is accompanied by a statement that the request is being made in conjunction with:
(A) An application for employment with the criminal justice agency by the person whose record has been sealed; or
(B) A criminal background check under the Polygraph Examiners Licensing Act, § 17-39-101 et seq., or the Private Security Agency, Private Investigator, and School Security Licensing and Credentialing Act, § 17-40-101 et seq.;
(3) A court, upon a showing of:
(A) A subsequent adjudication of guilt of the person whose record has been sealed; or
(B) Another good reason shown to be in the interests of justice;
(4) A prosecuting attorney, and the request is accompanied by a statement that the request is being made for a criminal justice purpose;
(5) A state agency or board engaged in the licensing of healthcare professionals;
(6) The Arkansas Crime Information Center; or
(7) The Arkansas Commission on Law Enforcement Standards and Training.
(b)(1) As used in this section, “custodian” does not mean the Arkansas Crime Information Center.
(2) Access to data maintained by the center shall be governed by § 12-12-1001 et seq.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1001. Definitions.
As used in this subchapter:
(1)(A) “Administration of criminal justice” means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders.
(B) “Administration of criminal justice” also includes criminal identification activities and the collection, maintenance, and dissemination of criminal justice information;
(2) “Arrest tracking number” means a unique number assigned to an arrestee at the time of each arrest that is used to link that arrest to the final disposition of that charge;
(3) “Central repository” means the Arkansas Crime Information Center, which is authorized to collect, maintain, and disseminate criminal history information;
(4) “CODIS” means the Federal Bureau of Investigation Laboratory's Combined DNA Index System that allows the storage and exchange of DNA records submitted by federal forensic laboratories, state forensic laboratories, and local forensic laboratories;
(5) “Conviction information” means criminal history information disclosing that a person has pleaded guilty or nolo contendere to, or was found guilty of, a criminal offense in a court of law, together with sentencing information;
(6)(A) “Criminal history information” means a record compiled by a central repository or the Identification Bureau of the Department of Arkansas State Police on an individual consisting of names and identification data, notations of arrests, detentions, indictments, informations, or other formal criminal charges. This record also includes any dispositions of the charges, as well as notations on correctional supervision and release.
(B) “Criminal history information” does not include fingerprint records on in
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1001
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-12-1001. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-39-101. Title.
This subchapter and subchapter 2 shall be known and may be cited as the “Polygraph Examiners Licensing Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-39-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-39-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-40-101. Title.
This chapter may be cited as the “Private Security Agency, Private Investigator, and School Security Licensing and Credentialing Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-40-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-40-101. This identifies an authority to review, not proof of applicability.