Arkansas

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Arkansas State Law Regarding Expungement

§ 12-12-211. Availability of records
(a)(1) The Arkansas Crime Information Center shall make criminal history records on persons available in accordance with §§ 12-12-1008--12-12- 1011.

(2) Release of other noncriminal history records shall be in accordance with policies and regulations established by the Supervisory Board of the Arkansas Crime Information Center.

(b)(1) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall be considered a criminal justice agency solely for the purpose of securing information from the center regarding the address or whereabouts of any deserting parent from whom the Office of Child Support Enforcement is charged with collecting child support.

(2) Any information received by the Crime Victims Reparations Board through the Office of the Attorney General obtained from the center pursuant to § 16-90- 712 shall not be available for examination except by the affected claimant or his or her duly authorized representative.
(3)(A) It shall be unlawful for any person to disclose information obtained under this subsection except:
(i) For the purpose of performing the duties of the:
(a) office; or
(b) Crime Victims Reparations Board; or
(ii) Upon court order.
(B) Upon conviction, any person violating subdivision (b)(3)(A) of this section shall be guilty of a Class A misdemeanor.

(c) An elected law enforcement officer of a political subdivision of this state shall not be allowed access to information from the center unless either the elected law enforcement officer or a law enforcement officer within his or her department has successfully completed the preparatory program of police training required by the Arkansas Commission on Law Enforcement Standards and Training for certification of law enforcement officers.
(d)(1) The State Board of Law Examiners shall be deemed to be a regulatory agency having specific statutory access to the records of the center as provided by subsection (a) of this section.

(2) In that capacity, the State Board of Law Examiners shall require each applicant for admission to the Bar of Arkansas to be fingerprinted.
(3) The center is authorized to accept fingerprints or other information provided to it by the State Board of Law Examiners and is further authorized to release to the State Board of Law Examiners any requested information, including state, multistate, and Federal Bureau of Investigation criminal history records, as they may relate to applicants for admission to the bar.

(e) The center shall provide access to the insurance verification database which contains the information provided to the Department of Finance and Administration under § 27-22-107 to law enforcement officers during the course of traffic stops.
§ 12-12-1013. Review and challenge of information

(a)(1) A person, upon positive verification of his or her identity, may review criminal history information pertaining to the person compiled and maintained by the Identification Bureau of the Department of Arkansas State Police or the central repository and may challenge the completeness or accuracy of the information.

(2)(A) The criminal history information may be reviewed only by the subject, or the subject's attorney or other designee authorized in writing by the subject.
(B) A copy of criminal history information maintained in the Arkansas Crime Information Center on the subject may be made available to the subject, or the subject's attorney or other designee authorized in writing by the subject.
(C) Requests for a copy of any criminal history information maintained in the National Crime Information Center shall be addressed to the Federal Bureau of Investigation.

(b) If the subject, after appropriate review, believes that the records are incorrect or incomplete in any way, he or she may request an examination and correction of the records by the agency responsible for the records.
(c)(1) Should it be determined as a result of the challenge that the criminal history information is inaccurate, incomplete, or improperly maintained, that information shall be appropriately corrected.

(2) Immediately thereafter, the agency responsible for the records shall notify every agency or person known to have received this information within the previous one-year period and provide them with corrected information.
(3) A person whose record has been corrected shall be entitled to ascertain the names of those agencies or individuals known to have received the previously incorrect criminal history information.

(d)(1)(A) Criminal history information which was recorded prior to August 13, 1993, is subject to the right of review and challenge in accordance with this section.

(B) However, the duty is to make a reasonable search for such information.
(2) There is no duty to provide access to that segment of criminal history information that cannot be located after a reasonable search.

(e) The right of a person to review his or her criminal history record shall not be used by a prospective employer or others as a means to circumvent procedures or fees for accessing records for noncriminal justice purposes.


 
§ 12-12-207. Information system; maintenance; operation

(a) The Arkansas Crime Information Center shall be responsible for providing for the maintenance and operation of the computer-based Arkansas Crime Information System.
(b) The use of the system is restricted to serving the informational needs of governmental criminal justice agencies and others specifically authorized by law through a communications network connecting local, county, state, and federal authorities to a centralized state repository of information.
(c) The Supervisory Board for the Arkansas Crime Information Center shall approve the creation and maintenance of each file in the system, establish the entry criteria and quality control standards for each file, and conduct an annual review of the appropriateness and effectiveness of all files and services provided by the center.
(d)(1) The center shall collect data and compile statistics on the nature and extent of crime problems in Arkansas and compile other data related to planning for and operating criminal justice agencies.

(2) The center shall also periodically publish statistics and report such information to the Governor, the General Assembly, and the general public.

(e) The center shall be authorized to design and administer uniform record systems, uniform crime reporting systems, and other programs to be used by criminal justice agencies to improve the administration of justice in Arkansas.

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