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Arkansas background check laws for employers
Arkansas has no fair-chance or ban-the-box law for private employers and no state consumer reporting law for employment beyond the federal FCRA. A person whose record is sealed may say the conduct did not occur. Long-term care, home health and hospice providers must run criminal checks on new hires.
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Fair-chance hiring (criminal history)
- No Arkansas statute was found that limits when a private employer may ask about criminal history or that requires an individualized assessment; federal FCRA steps apply.
State consumer report rules
- No Arkansas law adding steps beyond the federal FCRA for employment background checks was found; federal FCRA rules apply.
How far back a report can go
- No Arkansas law limiting how far back a background report may go was found; the federal FCRA limits apply.
- Once a record is sealed, the underlying conduct is treated by law as never having occurred, and the person may say the conduct did not occur and that no record exists (Ark. Code § 16-90-1417(b)(1)).
- A sealed record can still be used for listed purposes, such as healthcare professional licensing by a state agency or board and law enforcement certification (Ark. Code § 16-90-1417(b)(2)).
Credit checks
- No Arkansas statute was found that limits employer use of credit reports beyond the federal FCRA.
Also good to know
- A person offered a job with a home and community-based health services provider, home healthcare agency, hospice or long-term care facility must go through the state criminal history check process (Ark. Code § 20-33-213(c); § 20-38-101 et seq.).
Common questions
Can Arkansas employers run a background check?
Arkansas has no fair-chance or ban-the-box law for private employers and no state consumer reporting law for employment beyond the federal FCRA. A person whose record is sealed may say the conduct did not occur. Long-term care, home health and hospice providers must run criminal checks on new hires.
Does Arkansas have a ban-the-box law for private employers?
No Arkansas statute was found that limits when a private employer may ask about criminal history or that requires an individualized assessment; federal FCRA steps apply.
How far back does a background check go in Arkansas?
No Arkansas law limiting how far back a background report may go was found; the federal FCRA limits apply.
Can Arkansas employers run credit checks on applicants?
No Arkansas statute was found that limits employer use of credit reports beyond the federal FCRA.
Some rules for Arkansas weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- Ark. Code § 16-90-1417 (Justia)
- Ark. Code § 20-33-213 (Justia)
- Ark. Code § 20-38-102 (Justia)
- Ark. Code tit. 21, ch. 3 index, public employment (Justia; no ban-the-box section found)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.
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