Arkansas
Arkansas
Final grade: C+
Exclusion Grade
C+
Relevance Grade
C
Due Process Grade
B
Strengths
- Bans boards from using arrest and sealed records as well as vague, arbitrary standards like “moral turpitude” and “good character.”
- Offers a petition process so that ex-offenders can learn if their criminal records would prevent them from obtaining a license.
Areas of Improvement
- Allow boards to consider only crimes directly related to the license sought.
- Extend state’s protections to all licenses and all crimes.
A 2019 reform added some much-needed protections to Arkansas, raising its final grade to a C+. However, the state’s new safeguards do not apply to nurses, teachers, and several private security positions.
Unlike in many other states, in Arkansas, ex-offenders are presumed ineligible for a license and must secure a waiver before they can become licensed. The state also lists a dozen crimes that automatically trigger “permanent disqualification for licensure” in all occupations; that law does not apply to those who are already licensed.
Statute: Ark. Code Ann. § 17-1-103, §§ 17.3.101 to 104 (2019)
Exclusion
| Overarching ban on blanket bans | No |
| Ban on considering arrest records | Yes |
| Ban on considering post-conviction relief records | Yes, annulled and expunged records |
| Time limit | Yes, 5 years from the end of probation or incarceration (whichever is later) but does not apply to sexual or violent offenses |
| Ban on vague, discretionary character standards | Yes |
Relevance
| Relationship between the crime and the license sought | "Relevance of the offense to the occupational license" |
| Required factors for consideration | |
| Rehabilitation | Yes |
| Time elapsed since crime was committed | Yes |
| Age when crime was committed | Yes |
| Employment History | Yes |
| Testimonials | Yes |
Due Process
| Petition Process | Yes |
| Burden of Proof | Both unspecified |
| Right to appeal | Yes |
| Written notice requirement | Yes |