17-17-312. Criminal background checks.

17-17-312. Criminal background checks. (a) Beginning July 16, 2003, each first-time applicant for a license issued by the Auctioneer's Licensing Board and each applicant seeking reinstatement of an expired license from the board shall be required to 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. (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 information obtained concerning the applicant in the commission of any offense listed in subsection (f) of this section. (e) At the conclusion of any background check required by this section, the Identification Bureau of the Division of Arkansas State Police shall promptly destroy the fingerprint card of the applicant. (f) No person shall be eligible to receive or hold a license issued by the board if that person has pleaded guilty or nolo contendere to, or been found guilty of, any of the following offenses by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court: (1) Capital murder, as prohibited in § 5-10-101; (2) Murder in the first degree and second degree, as prohibited in §§ 5-10-102 and 5-10-103; (3) Manslaughter, as prohibited in § 5-10-104; (4) Negligent homicide, as prohibited in § 5-10-105; (5) Kidnapping, as prohibited in § 5-11-102; (6) False imprisonment in the first degree, as prohibited in § 5-11-103; (7) Permanent detention or restraint, as prohibited in § 5-11-106; (8) Robbery, as prohibited in § 5-12-102; (9) Aggravated robbery, as prohibited in § 5-12-103; (10) Battery in the first degree, as prohibited in § 5-13-201; (11) Aggravated assault, as prohibited in § 5-13-204; (12) Introduction of a controlled substance into the body of another person, as prohibited in § 5-13-210; (13) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211, if a Class Y felony; (14) Terroristic threatening in the first degree, as prohibited in § 5-13-301; (15) Rape, as prohibited in § 5-14-103; (16) Sexual indecency with a child, as prohibited in § 5-14-110; (17) Sexual extortion, § 5-14-113; (18) Sexual assault in the first degree, second degree, third degree, or fourth degree, as prohibited in §§ 5-14-124 — 5-14-127; (19) Incest, as prohibited in § 5-26-202; (20) Offenses against the family, as prohibited in §§ 5-26-303 — 5-26-306; (21) Endangering the welfare of an incompetent person in the first degree, as prohibited in § 5-27-201; (22) Endangering the welfare of a minor in the first degree, as prohibited in § 5-27-205; (23) Permitting the abuse of a child, as prohibited in § 5-27-221; (24) Engaging children in sexually explicit conduct for use in visual or print media, transportation of minors for prohibited sexual conduct, pandering or possessing a visual or print medium depicting sexually explicit conduct involving a child, or use of a child or consent to use of a child in a sexual performance by producing, directing, or promoting a sexual performance by a child, as prohibited in §§ 5-27-303 — 5-27-305, 5-27-402, and 5-27-403; (25) Felony adult abuse, as prohibited in § 5-28-103; (26) Theft of property, as prohibited in § 5-36-103; (27) Theft by receiving, as prohibited in § 5-36-106; (28) Arson, as prohibited in § 5-38-301; (29) Burglary, as prohibited in § 5-39-201; (30) Felony violation of the Uniform Controlled Substances Act, § 5-64-101 et seq., as prohibited in the former § 5-64-401 and §§ 5-64-419 — 5-64-442; (31) Promotion of prostitution in the first degree, as prohibited in § 5-70-104; (32) Stalking, as prohibited in § 5-71-229; and (33) Criminal attempt, criminal complicity, criminal solicitation, or criminal conspiracy, as prohibited in §§ 5-3-201, 5-3-202, 5-3-301, and 5-3-401, to commit any of the offenses listed in this subsection. (g)(1) The provisions of subsection (f) of this section may be waived by the board upon the request of: (A) An affected applicant for licensure; or (B) The person holding a license subject to revocation. (2) Circumstances for which a waiver may be granted shall include, but not be limited to, the following: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the crime; (D) Subsequent work history; (E) Employment references; and (F) Character references. (h)(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 the: (A) Affected applicant for licensure, or his or her authorized representative; or (B) Person whose license is subject to revocation, or his or her authorized representative. (2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police. (i) Any information made available to the affected applicant for licensure or to the person whose license is subject to revocation shall be information pertaining to that person only. (j) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check. (k) The board shall adopt the necessary rules to fully implement the provisions of this section.