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Who may request Arkansas background check from state agencies?






Adoptions through non-DHS sources

Pursuant to Ark. Code Ann. &sect;9-9-212, regarding criminal records checks on prospective adoptive parents and household members.

ASP Board of PI & SG - PSO License

Access under this section is limited to the Arkansas Board of Private Investigators and Private Security Agencies in accordance with Ark. Code Ann. &sect;17-40-307. This section is only available for background checks performed by the board, for other than commissioned security officers, where the $20.00 fee has been paid to ASP.

 

Child Welfare

In accordance with Arkansas Code &sect; 9-28-409 regarding child welfare agencies

 

Designated Positions (Financial or Information Technology)

Designated Positions (Financial or Information Technology) Background checks are limited to current employees and applicants for designated financial or information technology position as defined to mean a position designated by a director of a division or office within the Department of Human Services in which the person placed in the position: (A) Has the authority or capability via computer access or otherwise to receive payments or to issue, initiate, or approve a contract, grant, warrant, payment, or procurement in any form; (B) Approves security access to information systems; (C) Authenticates and configures user security access to information systems; (D) Acts in the capacity of information technology network, application, or system administrator; (E) Manages or directs information technology network, application, or system administrators; or (F) Develops, designs, programs, or maintains information technology networks, applications, or systems; See Arkansas Code 21-15-101.

 

DHS Division of Developmental Disabilities, Community Programs providers

Access is granted to service providers who are licensed by the DHS, Division of Developmental Disabilities, and Community Programs. In accordance with Ark. Code Ann. 20-38-101 regarding employees of service providers that provide care to developmentally disabled persons. The results are returned to the service provider and to DDS Community Programs Section.

 

Education, Cert. teacher- 1st time applicant for renewal or transfer but not teaching in a public

This section is for first time applicants for license renewal or a currently licensed teacher that is not currently employed as a teacher in a public school district. Reports are furnished in accordance with Arkansas Code &sect; 6-17-410 directly to the Department of Education and are not returned to the requestor.

 

Education, Certified (Teacher) 1st time applicant or transfer

This section is for first time applicants for license or a currently licensed teacher that is changing school districts. Reports are furnished in accordance with Arkansas Code &sect; 6-17-410 directly to the Department of Education and are not returned to the requestor.

 

Education, Certified (Teacher) All other renewals, NOT 1st time.applicant

This section is for applicants for renewal of their teacher license that is currently employed as a teacher. Reports are furnished in accordance with Arkansas Code &sect; 6-17-410 directly to the Department of Education and are not returned to the requestor.

 

Education, Certified (Teacher) FIRST TIME RENEWAL ONLY

Access under this section is limited to applicants for first time teacher license RENEWAL with the Department of Education. The person must be employed as a teacher to use this section. Reports are furnished in accordance with Arkansas Code &sect; 6-17-410 directly to the Department of Education and are not returned to the requestor.

 

Education, Non-Certified Employees

Access under this section is limited to background checks for non-certified school employees with a local school district or an education service cooperative. In accordance with Arkansas Code &sect; 6-17-414 the results of the background checks are sent directly to the Department of Education and not viewed by the requestor.

 

Education, Volunteers

Access under this section is limited to school districts that have developed a registered volunteers program under the authority of ACA 12-12-1607. School districts are allowed to conduct background checks on registered volunteers that have any significant unsupervised contact with students.

 

ElderChoice Qualified Entity/Provider

In accordance with Arkansas Code 20-33-203 et seq regarding employees or applicants of a qualified entity or ElderChoice provider as defined by Ark. Code Ann. 20-33-201.

 

Employer / Business

I am an employer legally doing business in the State of Arkansas

 

Government Employee

I am a state or federal government agency performing background checks on applicants or employees with this agency. I am not required by law to perform the background check.

 

Higher Education

Under Act 2213 of 2005 for background checks on students applying for or enrolled in a medical, pharmacy, nursing or other health-related course of study at an institution of higher education located in Arkansas.

 

Long Term Care Employee - DHS OLTC

In accordance with Arkansas Code &sect; 20-38-101 et seq regarding employees or applicants of a long term care facility/qualifying entity as defined by Ark. Code Ann. &sect;20-38-101

 

Long Term Care Employee -Dept of Health, HFS

In accordance with Arkansas Code Ann. &sect; 20-38-101 et seq regarding employees or applicants of a long term care facility/qualifying entity as defined by Ark Code Ann. &sect;20-38-101.

 

Nursing, Arkansas Board of

Pursuant to ACA &sect;17-87-312 for applicants for license with the Arkansas Board of Nursing.

 

Other employees not required by DHS OLTC

Other LTC employees/applicants not required to have a background check by OLTC.

 

Private Investigators and Private Security Agencies, (LICENSING USE ONLY) Arkansas Board of

Access under this section is limited to companies that are licensed and regulated by the Arkansas Board of Private Investigators and Private Security Agencies in accordance with Ark. Code Ann. &sect;17-40-307. This section is available for background checks on applicants for all licenses and registrations OTHER THAN COMMISSIONED SECURITY OFFICER (CSO). This site is limited to those purposes only and is not available for background checks on behalf of third parties.

 

Private Schooling

Under the Adam Walsh Child Protection and Safety Act of 2006, private elementary and secondary schools are allowed state and FBI background checks.

 

Professional Licenses

I am a professional licensing board in Arkansas or any other state and I am conducting background checks on applicants for licensure with this board.

 

Public Housing Agency

Under the authority of Public Law 104-120 Section 9 (q), the public housing agency is allowed access to criminal records of adult applicants for, or tenants of, public housing for the purposes of applicant screening, lease enforcement and eviction. FOR USE BY PUBLIC HOUSING AGENCIES ONLY.

 

State Employee Designated Position (direct care)

State agencies for background checks on state employees in designated positions who care for elderly, children, mentally ill, and developmentally disabled. The report is returned to the state agency only. If you are licensed by any entity that requires background checks please access the records under that specific section of the law. The access is in accordance with Arkansas Code 21-15-102.

 

Volunteers

Access under this section is limited to volunteer organizations to perform criminal history background checks on their volunteers as defined ACA 12-12-1607. FBI background checks are also available. For more information contact terri.smith@asp.arkansas.gov

 

Written consent of the subject of the record

Arkansas Code Annotated 12-12-1501 through 1513 allows the release of Arkansas non-criminal justice background information to persons who have the signed consent of the subject of the record. The release form on file with the employer, service provider or third party must indicate that the employer or Service Provider/Third Party Agent on behalf of the employer or subject shall have the authority to request the criminal background check. INA and the Arkansas State Police will hold the third party responsible for any inquiries or audits that may be conducted.



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