2019 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 90 - Judgment and Sentence Generally
Subchapter 14 - Comprehensive Criminal Record Sealing Act of 2013
§ 16-90-1416. Release of Sealed Records

Universal Citation: AR Code § 16-90-1416 (2019)
  • (a) The custodian of a sealed record shall not disclose the existence of the sealed record or release the sealed record except when requested by:

    • (1) The person whose record was sealed or the person's attorney when authorized in writing by the person;

    • (2) A criminal justice agency, as defined in § 12-12-1001, and the request is accompanied by a statement that the request is being made in conjunction with:

      • (A) An application for employment with the criminal justice agency by the person whose record has been sealed; or

      • (B) A criminal background check under the Polygraph Examiners Licensing Act, § 17-39-101 et seq., or the Private Security Agency, Private Investigator, and School Security Licensing and Credentialing Act, § 17-40-101 et seq.;

    • (3) A court, upon a showing of:

      • (A) A subsequent adjudication of guilt of the person whose record has been sealed; or

      • (B) Another good reason shown to be in the interests of justice;

    • (4) A prosecuting attorney, and the request is accompanied by a statement that the request is being made for a criminal justice purpose;

    • (5) A state agency or board engaged in the licensing of healthcare professionals;

    • (6) The Arkansas Crime Information Center; or

    • (7) The Arkansas Commission on Law Enforcement Standards and Training.

  • (b)

    • (1) As used in this section, “custodian” does not mean the Arkansas Crime Information Center.

    • (2) Access to data maintained by the center shall be governed by § 12-12-1001 et seq.

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