Accessing Criminal Records
In Arkansas, it is legal for all private and most public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction records. Also, individuals in Arkansas who have successfully petitioned the court to seal their records are allowed to deny that they were convicted of the sealed criminal offense.
As we’ll explore, the state and a handful of municipalities and counties have enacted ban-the-box laws, which must be considered to remain compliant when conducting background screening in certain jurisdictions. NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant.
Ban the Box Policies – State, Municipal and County
The state of Arkansas does not have a ban-the-box law; however, Pulaski County and Pine Bluff have adopted laws for public sector employers. In Pulaski County, the ban-the-box law prohibits employers from conducting a background check until providing a conditional job offer. In Pine Bluff, employers are prohibited from inquiring about an applicant’s criminal history on an initial job application.
Since the extent of these county ban-the-box regulations vary on a case-by-case basis, it’s important for public employers to stay aware of the distinctions that apply within their jurisdiction.
