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17-1-103. Registration, certification, and licensing for criminal offenders.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-1-103. Registration, certification, and licensing for criminal offenders.
(a)(1) It is the policy of the State of Arkansas to encourage and contribute to the rehabilitation of criminal offenders and to assist them in the assumption of the responsibilities of citizenship.
(2) The public is best protected when offenders are given the opportunity to secure employment or to engage in a meaningful trade, occupation, or profession.
(b)(1)(A) Subject to the provisions of subdivision (b)(2) of this section in determining eligibility under this section, a board, commission, department, or an agency may take into consideration conviction of certain crimes that have not been annulled, expunged, or pardoned.
(B) However, such convictions shall not operate as an automatic bar to registration, certification, or licensing for any trade, profession, or occupation.
(2) The following criminal records shall not be used, distributed, or disseminated in connection with an application for a registration, license, or certificate:
(A) Records of arrest not followed by a valid felony conviction by the courts;
(B) Convictions that have been annulled or expunged or pardoned by the Governor; and
(C) Misdemeanor convictions, except misdemeanor sex offenses and misdemeanors involving violence.
(c) The board, commission, department, or agency shall state explicitly in writing the reasons for a decision that prohibits the applicant from practicing the trade, occupation, or profession if the decision is based, in whole or in part, on conviction of a felony.
(d) For the purposes of this section, completion of the following shall be deemed prima facie evidence of sufficient rehabilitation:
(1) Probation or parole supervision; and
(2) A period of five (5) years after final disch
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-1-103
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:17-1-103
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4442fba161c6938c0f56b0b36e390ac237eef6bbc8f48097775b2792299f891c
Source location: content.xml paragraph 54
Stored source content
17-1-103. Registration, certification, and licensing for criminal offenders.
(a)(1) It is the policy of the State of Arkansas to encourage and contribute to the rehabilitation of criminal offenders and to assist them in the assumption of the responsibilities of citizenship.
(2) The public is best protected when offenders are given the opportunity to secure employment or to engage in a meaningful trade, occupation, or profession.
(b)(1)(A) Subject to the provisions of subdivision (b)(2) of this section in determining eligibility under this section, a board, commission, department, or an agency may take into consideration conviction of certain crimes that have not been annulled, expunged, or pardoned.
(B) However, such convictions shall not operate as an automatic bar to registration, certification, or licensing for any trade, profession, or occupation.
(2) The following criminal records shall not be used, distributed, or disseminated in connection with an application for a registration, license, or certificate:
(A) Records of arrest not followed by a valid felony conviction by the courts;
(B) Convictions that have been annulled or expunged or pardoned by the Governor; and
(C) Misdemeanor convictions, except misdemeanor sex offenses and misdemeanors involving violence.
(c) The board, commission, department, or agency shall state explicitly in writing the reasons for a decision that prohibits the applicant from practicing the trade, occupation, or profession if the decision is based, in whole or in part, on conviction of a felony.
(d) For the purposes of this section, completion of the following shall be deemed prima facie evidence of sufficient rehabilitation:
(1) Probation or parole supervision; and
(2) A period of five (5) years after final discharge or release from any term of imprisonment in the state penitentiary without any subsequent conviction.
(e) Any complaints concerning the violation of this section shall be adjudicated in accordance with the procedure set forth in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for administrative and judicial review.
(f)(1) This section shall apply to any board, commission, department, agency, or any other body that deals in licensing or regulating a profession, trade, or occupation in the State of Arkansas.
(2) It shall be the duty of the Secretary of State to make this section known to any board, commission, department, or agency affected by this section.
(g) This section shall not apply to teacher licensure or certification or nursing licensure and certification as governed by §§ 6-17-410 and 17-87-312 respectively.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-87-312. Criminal background checks.
(a)(1) Each first-time applicant for a license issued by the Arkansas State Board of Nursing shall apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check, to be conducted by the Federal Bureau of Investigation.
(2) At the time a person applies to an Arkansas nursing educational program, the program shall notify the applicant in writing of the provisions and requirements of this section.
(b) The check shall conform to the applicable federal standards and shall include the taking of fingerprints.
(c) The applicant shall sign a release of information to the board and shall be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal background check.
(d) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the board all releasable information obtained concerning the applicant.
(e) For purposes of this section, the board shall follow the licensing restrictions based on criminal records under § 17-3-102.
(f)(1) The board may issue a nonrenewable temporary permit for licensure to a first-time applicant pending the results of the criminal background check.
(2) The permit shall be valid for no more than six (6) months.
(g)(1) Any information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by:
(A) The affected applicant for licensure or his or her authorized representative; or
(B) The person whose license is subject to revocation or his or her authorized representative.
(2) No record, file, or document shall
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-87-312
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 17-87-312. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
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 25-15-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-17-410. Teacher licensure — Application, renewal application, revocation, suspension, and probation — Definitions.
(a)(1)(A)(i) An applicant for a license issued by the State Board of Education, an applicant for license renewal, and a preservice teacher shall apply to the Identification Bureau of the Division of Arkansas State Police for a statewide and nationwide criminal records check, to be conducted by the Division of Arkansas State Police and the Federal Bureau of Investigation.
(ii) The check shall conform to the applicable federal standards and shall include the taking of fingerprints as required under § 6-17-417.
(iii) The Identification Bureau may maintain these fingerprints in the automated fingerprint identification system.
(iv) An institution of higher education is not required to bar a student from enrollment in an educator preparation program due to a disqualifying offense.
(B) The applicant shall sign a release of information to the Division of Elementary and Secondary Education and shall be responsible for the payment of any fee associated with the criminal records check.
(2) Upon completion of the criminal records check, the Identification Bureau shall forward all releasable information obtained concerning the applicant to the Division of Elementary and Secondary Education.
(3)(A) An applicant for a license issued by the state board, an applicant for license renewal, and a preservice teacher are required to request through the Division of Elementary and Secondary Education a Child Maltreatment Central Registry check to be conducted by the Department of Human Services.
(B) The applicant shall sign a release of information to the Division of Elementary and Secondary Education and is responsible for the payment of any fee associated with
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-17-410
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 6-17-410. This identifies an authority to review, not proof of applicability.