Browse Arkansas Code titles and sections
17-42-315. Criminal background check.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-42-315. Criminal background check.
(a)(1) The Arkansas Real Estate Commission may require each original applicant for a license issued by the commission to apply to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation.
(2)(A) An applicant may sit for the licensing examination required by § 17-42-302(a)(4) while awaiting the results of a background check prescribed by this section.
(B) A license shall not be issued to an applicant until the commission receives and approves the state and federal criminal background checks.
(b) The check shall conform to applicable federal standards and shall include the taking of fingerprints.
(c) The applicant shall sign a release of information to the commission 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 commission all releasable information obtained concerning the applicant.
(e) At the conclusion of any background check required by this section, the Identification Bureau of the Division of Arkansas State Police shall be allowed to retain the fingerprint card of the applicant until notified by the commission that the person is no longer licensed.
(f) Except as provided in subsection (g) of this section, a person shall not receive or hold a license issued by the commission if the person has been convicted of or pleaded guilty or nolo contendere to a felony listed under § 17-3-102 or a crime involving violence, fraud, dishonesty, untruthfu
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-42-315
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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Stable record: arkansas_code:legal_authorities:17-42-315
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1d08ac6aff6ef1d44a4e11238d5ecce4978aebaf3e7b01ddb2378c3b88ab0b64
Source location: content.xml paragraph 15494
Stored source content
17-42-315. Criminal background check.
(a)(1) The Arkansas Real Estate Commission may require each original applicant for a license issued by the commission to apply to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation.
(2)(A) An applicant may sit for the licensing examination required by § 17-42-302(a)(4) while awaiting the results of a background check prescribed by this section.
(B) A license shall not be issued to an applicant until the commission receives and approves the state and federal criminal background checks.
(b) The check shall conform to applicable federal standards and shall include the taking of fingerprints.
(c) The applicant shall sign a release of information to the commission 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 commission all releasable information obtained concerning the applicant.
(e) At the conclusion of any background check required by this section, the Identification Bureau of the Division of Arkansas State Police shall be allowed to retain the fingerprint card of the applicant until notified by the commission that the person is no longer licensed.
(f) Except as provided in subsection (g) of this section, a person shall not receive or hold a license issued by the commission if the person has been convicted of or pleaded guilty or nolo contendere to a felony listed under § 17-3-102 or a crime involving violence, fraud, dishonesty, untruthfulness, or untrustworthiness.
(g)(1) The provisions of subsection (f) of this section may be waived by the commission upon the request of:
(A) An affected applicant for licensure; or
(B) The person holding a license subject to sanctions.
(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;
(F) Character references; and
(G) Other evidence demonstrating that the applicant does not pose a threat to the public.
(h)(1) Any information received by the commission from the Identification Bureau of the Division of Arkansas State Police or the Federal Bureau of Investigation pursuant to this section shall not be available for examination except by the affected applicant for licensure or his or her authorized representative, or by the person whose license is subject to sanctions 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 the person whose license is subject to sanctions shall be information pertaining to that person only.
(j) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the background check.
(k) The commission may adopt 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.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-42-302. Issuance or denial of license.
(a) The Arkansas Real Estate Commission shall issue a license to any applicant who meets the following requirements:
(1) Attainment of the age of majority;
(2) Successful completion of educational requirements prescribed by this chapter;
(3) Successful completion of experience requirements prescribed by this chapter;
(4) Successful completion of an examination administered or approved by the commission;
(5) Demonstrates no record of unprofessional conduct;
(6) Evidence of good reputation for honesty, trustworthiness, and integrity sufficient to safeguard the interests of the public; and
(7) Completion of a criminal history background check through the Department of Arkansas State Police and the Federal Bureau of Investigation as set out in § 17-42-315.
(b) The commission shall determine what constitutes adequate proof of meeting the requirements of subsection (a) of this section and shall deny a license to any applicant who fails to meet the requirements or who fails to pay the appropriate fees.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-42-302
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 17-42-302. This identifies an authority to review, not proof of applicability.