Browse Arkansas Code titles and sections
17-81-318. Criminal background check.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-81-318. Criminal background check.
(a)(1) Each applicant for a license issued by the Arkansas State Board of Chiropractic Examiners is required 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 and the Federal Bureau of Investigation.
(2) A license shall not be issued to an applicant until the board receives and approves the state and federal criminal background check.
(b) The criminal background check shall conform to applicable federal standards that are in effect on January 1, 2017, 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 shall forward to the board all releasable information obtained concerning the applicant in the commission of any offense listed in subsection (e) of this section.
(e) Except as provided in subsection (f) of this section, a person shall not receive or hold a license issued by the board if the person has been convicted of or pleaded guilty or nolo contendere to any felony listed under § 17-3-102 or a crime involving fraud, dishonesty, untruthfulness, or untrustworthiness, or is a registered sex offender or required to register as a sex offender.
(f)(1) The provisions of subsection (e) 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 sanctions.
(2) Circumstances for which a waiver may be granted shall include without li
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-81-318
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:17-81-318
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c9ef525fc1f71fd87578bef4bab518ac748f9eca5beb547aa0791992ecc5aaaf
Source location: content.xml paragraph 19998
Stored source content
17-81-318. Criminal background check.
(a)(1) Each applicant for a license issued by the Arkansas State Board of Chiropractic Examiners is required 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 and the Federal Bureau of Investigation.
(2) A license shall not be issued to an applicant until the board receives and approves the state and federal criminal background check.
(b) The criminal background check shall conform to applicable federal standards that are in effect on January 1, 2017, 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 shall forward to the board all releasable information obtained concerning the applicant in the commission of any offense listed in subsection (e) of this section.
(e) Except as provided in subsection (f) of this section, a person shall not receive or hold a license issued by the board if the person has been convicted of or pleaded guilty or nolo contendere to any felony listed under § 17-3-102 or a crime involving fraud, dishonesty, untruthfulness, or untrustworthiness, or is a registered sex offender or required to register as a sex offender.
(f)(1) The provisions of subsection (e) 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 sanctions.
(2) Circumstances for which a waiver may be granted shall include without limitation:
(A) The age at which the crime was committed;
(B) The circumstances surrounding the crime;
(C) The length of time since the crime was committed;
(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.
(g)(1) Information received by the board from the Identification Bureau or the Federal Bureau of Investigation 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) A record, file, or document shall not be removed from the custody of the division.
(h) Information made available to the affected applicant for licensure or the person whose license is subject to revocation shall pertain to that person only.
(i) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the background check.
(j) The board may adopt rules to fully implement 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.