Arkansas Background Check Laws
AR Employer Compliance Guide
Navigating Arkansas background check laws requires careful attention to state-specific regulations to ensure compliant hiring practices.
Content updated
Arkansas background check laws at a glance
- Does Arkansas have a ban-the-box law?
- No statewide ban-the-box law. Arkansas employers follow federal FCRA and EEOC guidance, plus any local ordinance.
- Can employers ask about salary history?
- No statewide salary history ban in Arkansas. Local rules may still apply.
- How far back can a background check go?
- Arkansas law does not impose additional reporting limitations on criminal records beyond those set forth by the federal FCRA. The FCRA generally prohibits reporting non-conviction records (arrests not leading to conviction) that are more than seven years old, and convictions that are more than seven years old, for jobs with an annual salary under a certain threshold (currently $25,000). However, these limitations do not apply to conviction records for jobs with salaries above that threshold, or to certain types of employment (e.g., those involving national security).
- Governing statutes
- Arkansas Code § 16-90-1417; Arkansas Code § 20-7-2001 et seq.; Arkansas Code § 6-17-410
Employers in Arkansas must meticulously adhere to both federal and state laws when conducting background checks. Compliance is not merely a best practice; it's a legal imperative that protects both the employer and the applicant. Failing to comply with these regulations can lead to significant legal challenges, including lawsuits, fines, and reputational damage. This guide provides a comprehensive overview of Arkansas's specific requirements, focusing on areas where state law either supplements or differs from federal mandates like the Fair Credit Reporting Act (FCRA). Understanding these nuances is crucial for any employer operating within the state to establish fair and lawful hiring processes.
Ban-the-Box Laws
Arkansas does not have a statewide 'ban-the-box' law that restricts when employers can inquire about an applicant's criminal history. However, some individual cities or counties may have their own ordinances, so employers should check local regulations.
State FCRA Variations
Arkansas law does not significantly vary from or add to the federal FCRA regarding general background check procedures. Employers must still comply with all federal FCRA requirements, including obtaining written consent, providing pre-adverse action notices, and adverse action notices when using consumer reports for employment decisions.
Reporting Limitations
Arkansas law does not impose additional reporting limitations on criminal records beyond those set forth by the federal FCRA. The FCRA generally prohibits reporting non-conviction records (arrests not leading to conviction) that are more than seven years old, and convictions that are more than seven years old, for jobs with an annual salary under a certain threshold (currently $25,000). However, these limitations do not apply to conviction records for jobs with salaries above that threshold, or to certain types of employment (e.g., those involving national security).
Expungement & Record Sealing
In Arkansas, expunged or sealed records are generally not available to the public or to employers for background check purposes. If a record has been properly expunged or sealed, it should not appear on a background check. Employers should treat expunged records as if they never occurred and should not consider them in employment decisions. Arkansas Code § 16-90-1417 outlines the effects of expungement.
Key Screening Rules
Obtain Written Consent
Adhere to FCRA Adverse Action Procedures
Respect Expunged Records
Comply with Industry-Specific Requirements
Avoid Discriminatory Practices
Frequently Asked Questions: Arkansas
Does Arkansas have a statewide ban-the-box law?
No, Arkansas does not have a statewide ban-the-box law. Employers are generally permitted to inquire about criminal history at any point in the hiring process, though local ordinances may vary.
Are there any restrictions on how far back an employer can look into an applicant's criminal history in Arkansas?
Arkansas law does not impose additional restrictions beyond the federal FCRA. The FCRA generally limits reporting of non-convictions and older convictions (over 7 years) for jobs below a certain salary threshold, but these limits do not apply to all conviction records or higher-paying jobs.
Can employers consider expunged criminal records in Arkansas?
No. Under Arkansas law, expunged or sealed records are generally not available to employers and should not be considered in employment decisions. Treating them as if they never occurred is the safest approach.
Do I need to get an applicant's consent to run a background check in Arkansas?
Yes, if you are using a third-party consumer reporting agency, you must obtain written consent from the applicant before conducting a background check, as required by the federal FCRA.
Are there special background check rules for certain industries in Arkansas?
Yes, industries such as healthcare, childcare, and education have specific state-mandated background check requirements, often including fingerprint-based checks and checks against state abuse registries.
Key Statutes
Arkansas Code § 16-90-1417
— Pertains to the effect of expungement of criminal records, making them unavailable for public inspection and generally not to be considered for employment.
Arkansas Code § 20-7-2001 et seq.
— Mandates background checks for employees of certain healthcare facilities, including checks against the Child Maltreatment Central Registry and the Adult Maltreatment Central Registry.
Arkansas Code § 6-17-410
— Requires criminal background checks for certain school employees and volunteers.
Sources for this Arkansas guide
Statutes change. Confirm the current text on the issuing agency's own site before relying on it for a hiring decision.
Arkansas primary authority
- Arkansas Office of the Attorney General
Arkansas Attorney General · link checked 2026-09-17
- Arkansas Legislature and state code
Arkansas Legislature · link checked 2026-09-17
Federal authority
- Fair Credit Reporting Act (revised March 2026), § 605 [15 U.S.C. § 1681c]
Federal Trade Commission · March 2026 text read via web retrieval; direct fetch returned 404 on 2026-10-08; not legal review
- 15 U.S.C. § 1681c — Requirements relating to information contained in consumer reports
U.S. Government Publishing Office · link checked 2026-09-17
- 16 CFR Part 698 — Model Forms and Disclosures (FCRA)
National Archives — eCFR · link checked 2026-09-17
- 15 U.S.C. § 1681c (annotated text)
Cornell Legal Information Institute · link checked 2026-09-17
Legal disclaimer. This Arkansas guide is general information about employment screening law, not legal advice, and it does not create an attorney–client relationship. State and local requirements change, often apply only to certain employers or job types, and can be preempted or supplemented by local ordinances. DatabaseRecords is a records-research and investigative firm, not a law firm. Consult qualified employment counsel in Arkansas before adopting or changing a screening policy.
States bordering Arkansas
Employers hiring across state lines must follow the law of each state where the applicant applies or will work. Compare Arkansas with its neighbors:
Screening services for Arkansas employers
- Employment background checks
- Employment verification
- Driving records (MVR)
- Drug testing
- Education verification
- Tenant screening
See the U.S. Employment Screening Law Center, the 50-state compliance library, our FCRA compliance overview, or how far back background checks go in Arkansas.
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