2019 Arkansas Code
Title 21 - Public Officers and Employees
Chapter 15 - Criminal Background Checks
§ 21-15-111. Hiring New Employees Into Designated Financial or Information Technology Positions
(a)
(1)
(A) When a person applies for employment with a state agency in a designated financial or information technology position and if the state agency intends to make an offer of employment to the applicant, the applicant shall complete a criminal history check form and shall submit the form to the state agency as part of the application process.
(B) Within five (5) days of the state agency's decision to make an offer of employment to the applicant, the state agency shall use the Online Criminal Background Check System to obtain the criminal history or forward the criminal history check form to the Identification Bureau of the Department of Arkansas State Police and request the bureau to review the database of criminal history.
(C) Within three (3) days of the receipt of a request to review the database, the bureau shall notify the state agency if the database contains any criminal history record on the applicant.
(2) If no criminal history record regarding the applicant is found in the database, then the state agency may make an offer of temporary employment to the applicant while the bureau completes a criminal history check and the state agency determines whether the applicant is disqualified from employment under subsection (f) of this section.
(3)
(A) If a criminal history record regarding the applicant is found in the database, then the applicant is temporarily disqualified from employment until the state agency determines whether the applicant is disqualified from employment under subsection (f) of this section.
(B) If the state agency determines that the applicant is not disqualified, then the state agency may continue to temporarily employ the applicant while the bureau completes a criminal history check.
(b)
(1) Except as provided in subdivision (b)(2) of this section, the bureau shall conduct a state criminal history check and a national criminal history check on an applicant upon receiving a criminal history check request from a state agency.
(2)
(A) If the state agency can verify that the applicant has been employed by a state agency in a designated financial or information technology position within sixty (60) days before the application or has lived continuously in the State of Arkansas for the past five (5) years, the bureau shall conduct only a state criminal history check on the applicant.
(B) If the state agency can verify that the selected applicant currently works for a state agency in a designated position or a designated financial or information technology position and the state agency can provide verification that a criminal history check for that position has been completed in the last five (5) years, the state agency does not need to conduct another criminal history check on the employee until the criminal history check is five (5) years old.
(c)
(1) Upon completion of a criminal history check on an applicant, the bureau shall issue a report to the state agency.
(2)
(A) The state agency shall determine whether the applicant is disqualified from employment under subsection (f) of this section.
(B) If the state agency determines that an applicant is disqualified from employment, then the state agency shall deny employment to the applicant.
(d) If a national criminal history check is required under this section, the criminal history check shall conform to the applicable federal standards and shall include the taking of fingerprints.
(e) Before making a temporary or permanent offer of employment, a state agency shall inform an applicant that:
(1) Continued employment is contingent upon the results of a criminal history check; and
(2) The applicant has the right to obtain a copy of his or her criminal history report from the bureau.
(f) An expunged record of a conviction or plea of guilty or nolo contendere to an offense listed in this subsection shall not be considered a conviction or plea of guilty or nolo contendere to the offense. No person shall be eligible for employment with a state agency in a designated financial or information technology position if that person has pleaded guilty or nolo contendere to, or has 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 vacated, or reversed:
(1) Robbery, as prohibited in § 5-12-102;
(2) Aggravated robbery, as prohibited in § 5-12-103;
(3) Soliciting money or property from incompetents, as prohibited in § 5-27-229;
(4) Theft of property, as prohibited in § 5-36-103;
(5) Theft by receiving, as prohibited in § 5-36-106;
(6) Theft of property lost, mislaid, or delivered by mistake, as prohibited in § 5-36-105;
(7) Theft of leased, rented, or entrusted personal property, as prohibited in § 5-36-115;
(8) Shoplifting, as prohibited in § 5-36-116;
(9) Embezzlement by officer or employee of certain institutions, as prohibited in § 5-36-118 [repealed];
(10) Theft of public benefits, as prohibited in § 5-36-202;
(11) Theft of wireless service, as prohibited in § 5-36-303;
(12) Facilitating theft of wireless service by manufacture, distribution, or possession of devices for theft of wireless services, as prohibited in § 5-36-304;
(13) Any offense involving theft detection devices, as prohibited in §§ 5-36-401 -- 5-36-405;
(14) Forgery, as prohibited in § 5-37-201;
(15) Falsifying business records, as prohibited in § 5-37-202;
(16) Defrauding secured creditors, as prohibited in § 5-37-203;
(17) Fraud in insolvency, as prohibited in § 5-37-204;
(18) Issuing a false financial statement, as prohibited in § 5-37-205;
(19) Receiving deposits in a failing financial institution, as prohibited in § 5-37-206;
(20) Fraudulent use of a credit card or debit card, as prohibited in § 5-37-207;
(21) Criminal impersonation, as prohibited in § 5-37-208;
(22) Criminal possession of a forgery device, as prohibited in § 5-37-209;
(23) Obtaining signature by deception, as prohibited in § 5-37-210;
(24) Defrauding judgment creditors, as prohibited in § 5-37-211;
(25) Unlawfully using slugs, as prohibited in § 5-37-212;
(26) Criminal simulation, as prohibited in § 5-37-213;
(27) Use of false transcript, diploma, or grade report from postsecondary educational institution, as prohibited in § 5-37-225;
(28) Financial identity fraud, as prohibited in § 5-37-227;
(29) Any offense as prohibited in the Arkansas Hot Check Law, § 5-37-301 et seq.;
(30) Theft of communication services, as prohibited in § 5-37-402;
(31) Criminal mischief in the first degree, as prohibited in § 5-38-203;
(32) Residential or commercial burglary, as prohibited in § 5-39-201;
(33) Breaking or entering, as prohibited in § 5-39-202;
(34) Computer fraud, as prohibited in § 5-41-103;
(35) Computer trespass, as prohibited in § 5-41-104;
(36) Any offense involving computer crime, as prohibited in §§ 5-41-201 -- 5-41-206;
(37) Criminal use of property or laundering criminal proceeds, as prohibited in § 5-42-204;
(38) Any offense involving corruption in public office, as prohibited in §§ 5-52-101 -- 5-52-108;
(39) Tampering with a public record, as prohibited in § 5-54-121;
(40) Criminal acts constituting Medicaid fraud, as prohibited in § 5-55-111;
(41) Any offense involving illegal food coupons, as prohibited in §§ 5-55-201 -- 5-55-205;
(42) Engaging in a continuing criminal gang, organization, or enterprise, as prohibited in § 5-74-104; or
(43) Criminal attempt, criminal complicity, criminal solicitation, or criminal conspiracy, as prohibited in §§ 5-3-201, 5-3-202, 5-3-301, and 5-3-401, to commit any of the offenses listed in this subsection.
