Background Check in Arkansas: StateLaws & Screening Process

A background check confirms a person’s history when they pursue jobs, housing, and more. It’s imperative for all interested parties to understand the background check process to avoid legal issues and fines. We’re going to explain the applicable laws in Arkansas, how much these screenings cost, how long they take, and what kind of info they uncover.

What Is an Arkansas Background Check?

Background checks involves reviewing and verifying an individual’s personal, criminal, and professional history. Employers, landlords, and other entities use these checks to ensure that applicants provide accurate information. Background checks also assess suitability for various roles or responsibilities. The screenings can include various elements such as criminal records, employment history, credit history, and more.

The information comes from state and national criminal databases, financial records, and employment verification services. Legal requirements and regulations govern these checks to protect everyone involved. These regulations govern fair background checks that are compliant with privacy laws.

What Are the Arkansas Background Check Laws?

In Arkansas, if employers choose to conduct a background check, they must follow all federal and state laws surrounding the process. For example, an employer can’t ask for passwords to social media accounts to get more in depth, personal details. Instead, they must follow proper protocol to legally access certain information.

Federal Fair Credit Reporting Act (FCRA)

The FCRA is a federal law that establishes guidelines for the collection, use, and dissemination of consumer credit information. This extends to data from background checks.

Employers must notify applicants in writing if they plan to conduct a background check. They also need to obtain their written consent. If the employer chooses to take adverse action, they must provide the applicant with a copy of the report and a summary of their rights under the FCRA.

Arkansas Code Annotated § 12-12-1501 et seq. (Arkansas Criminal Background Check)

Regarding criminal background checks, Code § 12-12-1501 outlines the procedure thoroughly. It includes provisions for fingerprint-based checks and specifies which agencies and employers can perform them. This is particularly relevant for positions requiring high security and trust.

Arkansas Code Annotated § 17-1-103 (Professional Licenses and Criminal Records)

This Arkansas Code addresses the impact of someone’s criminal record on professional licensing. It discusses the conditions under which a licensing board may deny, suspend, or revoke a license based on an applicant’s criminal history.

Arkansas Code Annotated § 17-1-106 (Disqualification from Public Employment)

Code § 17-1-106 regulates lawful disqualification from public employment based on criminal history. It assures that only relevant and recent criminal convictions receive consideration.

Arkansas Code Annotated § 21-15-103 (Background Checks for Employees in Certain Positions)

Regarding specific industries, Code § 21-15-103 mandates background checks for individuals employed in sensitive positions. Examples would be roles involving children or vulnerable adults. It outlines the procedures and criteria for these checks to uphold the safety and security of these populations.

Arkansas Child Maltreatment Act (Arkansas Code Annotated § 12-18-101 et seq.)

The Arkansas Child Maltreatment Act requires background checks for people working with children. It checks for child abuse and neglect records to protect the welfare of children in settings like schools and daycares.

Arkansas Adult and Long-Term Care Facility Resident Maltreatment Act (Arkansas Code Annotated § 12-12-1701 et seq.)

The Adult Maltreatment Act states that people working in adult and long-term care facilities must get a background check. It aims to protect residents by ensuring that caregivers do not have a history of maltreatment or abuse.

Arkansas Code Annotated § 6-17-414 (Background Checks for School Employees)

This law requires background checks for all school employees. It helps maintain a safe environment for students by ensuring that school employees have no disqualifying criminal history.

Arkansas Code Annotated § 9-28-409 (Background Checks for Childcare Facility Operators)

Code § 9-28-409 provides guidelines for operators and employees of childcare facilities. All personnel must get background checks to ensure that there’s no relevant history of child maltreatment.

Arkansas Code Annotated § 12-12-1601 et seq. (Volunteer Background Check Program)

This code establishes a program for conducting background checks on volunteers working with vulnerable populations, such as children and the elderly. It aims to provide a safe environment by ensuring that volunteers do not have disqualifying backgrounds.

Arkansas Freedom of Information Act (FOIA)

The Arkansas Freedom of Information Act (FOIA) ensures public access to government records, including certain background check information. This law promotes transparency while balancing privacy concerns.

Occupational Licensing Review Act (Act 600 of 2019)

The Occupational Licensing Review Act aims to reduce barriers to occupational licensing, including for individuals with criminal records. It requires periodic review of licensing regulations to ensure they are fair and not overly restrictive. More information is available here.

Local Arkansas Fair Hiring Laws

Fair hiring laws in Arkansas encourage equal employment opportunities. It also prevents discrimination in the workplace. The Arkansas Civil Rights Act (ACRA) is the primary legislation that governs these practices. This law generally applies to employers with nine or more employees and protects several classes from discrimination, including:

• Race
• Religion
• Gender (including pregnancy and related medical conditions)
• National origin
• Age
• Disability

How Do I Get a Arkansas Background Check?

Here are the steps to follow when conducting Arkansas background checks:

1. Identify the Purpose: Determine the reason you need to verify someone’s background. Once you know the motivation, you can choose the correct type of check. The most popular options are for employment, housing, or personal reasons.
2. Visit the Arkansas State Police Website: Go to the Arkansas State Police Online Criminal Background Check System.
3. Fill Out the Request Form: Complete the online form with the required details. You will need information like the full name and date of birth of the person getting checked.
4. Pay the Fee: Submit the payment of $22 ($20 background check fee plus a $2 processing fee).
5. Submit the Request: After filling out the form and making the payment, submit your request.
6. Wait for the Results: It usually takes a few business days to get the results back if you made the request online. Mail-in requests can take 7 to 10 days.

If you prefer to initiate the background check process in person, you can visit the state police headquarters or your local police department.

What Shows Up on an Arkansas Background Check?

Here’s a brief overview of what you can expect to show up on the most common checks:

Employment Verification

Arkansas employment background checks will confirm a candidate’s employment history. Details such as previous job titles, durations of employment, and reasons for leaving will be disclosed. Employers use this to validate an employee’s resume and to ensure they have the necessary experience for the role.

Drug Testing

Drug testing is often part of the pre-employment screening process. It checks for the presence of illegal substances or abuse of prescription medications. Employers use this to ensure a drug-free workplace and to comply with federal laws and industry standards.

Credit Background Checks

Credit background checks review an individual’s financial history. You can expect to see credit scores, outstanding debts, and payment histories. This is especially relevant for positions involving financial responsibilities. It helps employers assess the financial responsibility and trustworthiness of prospective employees.

Criminal Background Checks

Criminal background checks uncover any crimes committed in the applicant’s past. It includes conviction records, arrest records, and details of any legal proceedings. Employers and landlords use this information to guarantee the safety and security of their workplace or property.

Education Verification

Education background checks confirms an individual’s academic background. This includes verifying degrees, diplomas, and certifications. It helps employers make sure that candidates have the necessary academic qualifications for the job.

Civil Court Searches

Civil court searches reveal involvement in non-criminal legal proceedings. It can include lawsuits, bankruptcies, and many other types of civil matters.

Driving Records

Driving record checks provide information on an individual’s driving history. It’ll highlight traffic violations, DUIs, and their driver’s license status. Driving checks are particularly important for roles that involve driving or operating vehicles.

How Far Back Does a Background Check Go in Arkansas?

In Arkansas, the scope of a background check varies based on the type of check conducted:

• Employment Background Checks: Typically cover up to seven years of criminal history, following Fair Credit Reporting Act (FCRA) guidelines.
• Criminal History Checks: Available through state systems, covering statewide criminal records that may extend further back depending on the type of check requested.
  For example, a comprehensive criminal history check could include information from various court systems and law enforcement agencies.
  Civil judgments, civil suits, paid tax liens, collection accounts, and arrests that did not lead to a conviction are restricted to seven years.
• Specialized Checks: Those required for childcare facilities involve thorough screenings managed by the Department of Human Services. These checks are more extensive and may include fingerprint-based searches and checks against national databases.

How Long Does a Background Check Take in Arkansas?

The turnaround time for background checks in Arkansas can vary depending on the type of check:

• Standard Employment Checks: Typically processed within 1 to 3 business days, though some may take longer if additional verification is required.
• Criminal History Checks: Usually take 3 to 5 business days. Requests processed through the Arkansas State Police or similar state agencies might take slightly longer, especially if manual searches are needed.
• Specialized Checks: Such as those for childcare or other sensitive positions, can take 7 to 10 days due to the more extensive nature of the screening, including fingerprinting and national database searches.

How Much Does a Background Check in Arkansas Cost?

The cost of a background check in Arkansas varies depending on the type of check and the service provider:

• Standard Background Check: Generally costs around $20, with an additional processing fee of $2 if conducted online through state portals.
• Employment Background Checks: Fees can range from $30 to $50 per check, depending on the depth of the investigation and any additional services like education verification or reference checks.
• Criminal History Checks: These checks usually cost $22, which includes a $20 background check fee and a $2 processing fee. If the background check is required by state law for employment, the total cost may be reduced to $20.

How Do I Look Up Someone’s Record in Arkansas?

Residents can look up criminal records using the online public access portal maintained by the Arkansas Judiciary. This portal provides access to various public records, including court records and criminal case information.

For a more comprehensive background check, individuals can perform third-party searches through the state police, provided they have the subject’s consent. This check typically involves a fee and may require a notarized release from the subject of the search.

How to Get Your Record Sealed in Arkansas?

To get a record sealed in Arkansas, individuals must follow specific legal procedures. This typically involves filing a petition for expungement with the appropriate court. The process includes:

1. Determining Eligibility: Certain offenses are eligible for sealing under Arkansas law, including some misdemeanors and non-violent felonies.
2. Filing a Petition: Submitting a formal request to the court, often requiring detailed information about the conviction and reasons for seeking expungement.
3. Court Review: The court will review the petition, and a hearing may be scheduled. During the hearing, the petitioner can present evidence and arguments for why the record should be sealed.
4. Court Decision: If the court grants the petition, the record will be sealed, effectively removing it from public access. This means it will not appear in most background checks.

Where to Get a Background Check in Arkansas?

There are several ways to obtain a background check in Arkansas, depending on your specific needs.

• AR State Police: Through the online background check system for $22 ($20 background check fee + $2 processing fee).
• Public Access Portal: Use the Arkansas Court Connect system to search for court cases and criminal records for free.
• Third-Party Background Check Services: Provides detailed reports for personal searchers, but requires a monthly subscription;
• Department of Human Services (DHS): Involves thorough screenings, including fingerprint-based searches for childcare and eldercare purposes;
• Local Police Departments and Sheriff’s Offices: Contact your local police department or sheriff’s office for background check services and fees;
• Arkansas Freedom of Information Act (FOIA): Allows access to many public records, requests can be made online or in person.

These options cater to different needs, from official background checks to quick online searches.

Best Background Check Services in Arkansas

When it comes to conducting thorough background checks in Arkansas, several trusted websites offer comprehensive services. Each platform has its unique strengths and limitations, making it essential to choose the one that best fits your specific needs. 

Note that these services cannot be used for tenant, employment and credit screenings.

1. TruthFinder – Best for uncovering hidden details
2. InstantCheckMate – Best for fast, reliable results
3. BeenVerified – Best for extensive, easy-to-read reports

1

TruthFinder

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TruthFinder is known for performing thousands of background checks, offering access to both public and private records. It provides detailed reports that go beyond what many competitors offer.

The service is ideal for those needing thorough information quickly. It scans hundreds of millions of records, including social networks and confidential data, in minutes. TruthFinder helps users find hard-to-locate social media profiles, arrest records, and unknown contact information. It’s a valuable tool for reconnecting with friends, verifying acquaintances, or monitoring your information.

Pros

• Comprehensive reports including private and public records
• Advanced search options and filters for precise results
• Mobile app available for Android users
• The monthly membership plan provides an unlimited report

Cons

• Requires a monthly subscription; no single report purchases
• Extra fee of $2.99 for downloading reports as PDFs
• Non-FCRA compliant

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2

Instant Checkmate

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Instant Checkmate offers quick and detailed background checks, revealing information such as traffic records, arrest details, court documents, addresses, ages, and other names used.

Instant Checkmate is effective for assessing someone’s history of violence or criminal activities. The service uses a large database to provide comprehensive data promptly. It’s useful for verifying new acquaintances, checking potential roommates, or satisfying personal curiosity.

Pros

• Quick access to a wide range of public records
• Effective at uncovering criminal and traffic records
• Detailed sex offender information and location mapping
• Mobile app available for Android users
• Responsive customer support available on weekdays

Cons

• No free trial period is available
• Reports can have occasional inaccuracies
• Requires a subscription for access, with separate fees for additional features
• Non-FCRA compliant

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/ 5.0

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3

BeenVerified

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BeenVerified aims to offer convenient and affordable access to public records. Serving over 10 million users and handling 38 million searches monthly, it is a highly regarded name in the background check industry.

BeenVerified gathers information from federal, state, and local records, creating detailed reports from billions of data points. This service is ideal for monitoring online presence, reconnecting with lost contacts, or verifying someone’s legitimacy. Its user-friendly interface and extensive database make it a reliable resource for thorough background checks.

Pros

• Easy-to-use interface with a comprehensive range of search options
• Access to a vast database of public records
• Detailed and easy-to-read reports
• Continuous monitoring with alerts for new information
• Offers multiple search types including people, phone, email, and property searches

Cons

• Subscription required for access; no pay-per-report option
• Coverage is limited to public records
• Additional fees for downloading reports in PDF format
• Non-FCRA compliant

Star Rating

/ 5.0

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Conclusion on Arkansas Background Check 

Understanding Arkansas’s background check laws is essential to ensure fairness. TruthFinder, InstantCheckMate, and Been Verified offer reliable information to make informed decisions. These tools help verify credentials, assess risks, and maintain community safety standards.

Knowing legal requirements and using dependable background check services helps build trust, protect privacy, and promote a safer environment for everyone.

Disclaimer: Some background check sites are just for personal use and conducting basic people searches. Others, such as those used by potential employers, must comply with the Fair Credit Reporting Act (FCRA). This law limits the types of information you can find on other people. If you’re an employer or landlord using a background check for professional purposes, be sure to choose a site that’s FCRA compliant. Using a people search site that doesn’t comply with the FCRA to screen potential tenants, domestic workers or employees is illegal.

The information available on our website may not be 100% accurate, complete, or up to date, so do not use it as a substitute for your own due diligence, especially if you have concerns about a person’s criminal history. The services we mention do not make any representation or warranty about the accuracy of the information available through our website or about the character or integrity of the person about whom you inquire. For more information, please review each service’s Terms of Use.