2017 Arkansas Code
Title 21 - Public Officers and Employees
Chapter 15 - Criminal Background Checks
§ 21-15-113. Waiver of exclusion or discharge requirement for persons in designated financial or information technology positions
- (a) (1) The provisions of §§ 21-15-111 and 21-15-112 prohibiting the hiring of a person or requiring the discharge of a person in a designated financial or information technology position may be waived by the director of a state agency upon the request of:
- (A) A supervisor or other managerial employee in the state agency;
- (B) An affected applicant; or
- (C) An incumbent employee in the designated financial or information technology position who is subject to discharge.
- (2) A request for a waiver must be made within five (5) days of the receipt of the criminal background check.
- (3) If the crime is a misdemeanor and more than five (5) years have lapsed since the conviction, the state agency is not required to discharge an incumbent employee if a request for a waiver is timely made and if the waiver is ultimately granted.
- (4) If the waiver is not granted and the waiver request was for an incumbent employee who was not immediately discharged, the state agency shall immediately discharge the incumbent employee.
- (5) If the waiver is not granted and the waiver request was for an applicant, the state agency is prohibited from hiring the applicant in a designated financial or information technology position.
- (6) If an incumbent employee was immediately discharged but was subsequently granted a waiver, the incumbent employee shall be immediately reinstated but is not entitled to retroactive relief, including back pay.
- (1) A waiver may be granted upon a preponderance of the evidence that the applicant or employee is rehabilitated such that the public interest is not threatened by the applicant's or employee's employment.
- (2) Evidence of rehabilitation may include:
- (A) The age at which the crime or act was committed;
- (B) The circumstances surrounding the crime or act;
- (C) The length of time since the crime or act;
- (D) Subsequent work history;
- (E) Employment references;
- (F) Character references; and
- (G) Other evidence demonstrating the rehabilitation of the applicant or employee.
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