Browse Arkansas Code titles and sections
17-27-313. Criminal background checks.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-27-313. Criminal background checks.
(a) The Arkansas Board of Examiners in Counseling may require each applicant for license renewal and each first-time applicant for a license issued by the board 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 Identification Bureau of the Division of Arkansas State Police and 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 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) The board may issue a six-month nonrenewable letter of provisional eligibility for licensure to a first-time applicant pending the results of the criminal background check.
(f) For the purposes of this section, the board shall follow the licensing restrictions based on criminal records under § 17-3-102.
(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 be removed from the custody of the Division of Arkansas State Police.
(h) Any information made available to the affect
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-27-313
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:17-27-313
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b5727094b4b18a81df0bb965b5943e9ed66368f52c1277b32f537f891a59ba38
Source location: content.xml paragraph 9132
Stored source content
17-27-313. Criminal background checks.
(a) The Arkansas Board of Examiners in Counseling may require each applicant for license renewal and each first-time applicant for a license issued by the board 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 Identification Bureau of the Division of Arkansas State Police and 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 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) The board may issue a six-month nonrenewable letter of provisional eligibility for licensure to a first-time applicant pending the results of the criminal background check.
(f) For the purposes of this section, the board shall follow the licensing restrictions based on criminal records under § 17-3-102.
(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 be removed from the custody of the Division of Arkansas State Police.
(h) Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that person only.
(i) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check.
(j) The board shall adopt the necessary rules to fully implement the provisions of this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-3-102. Licensing restrictions based on criminal records.
(a) An individual is not eligible to receive or hold a license issued by a licensing entity if that individual 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, unless the conviction was lawfully sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or otherwise previously sealed, pardoned or expunged under prior law:
(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 as prohibited in § 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 as prohibited in § 5-14-113;
(18) Sexual assault in the first degree, second deg
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-3-102
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 17-3-102. This identifies an authority to review, not proof of applicability.