Can I get my record sealed in Arkansas?

Yes. Under Ark. Code § 16-90-1401, you can petition the court to seal certain criminal records. Eligible offenses typically include non-violent misdemeanors and some felonies. You must have completed your sentence (including probation) and met the required waiting period, usually 5 years. An attorney or legal aid organization can help you navigate this process.

Does Arkansas have a ban-the-box law?

No. Arkansas does not have a statewide ban-the-box law. Employers — both public and private — can ask about criminal history at any point during the hiring process, including on the initial job application.

Will a sealed record show up on a background check in Arkansas?

Generally, no. Once a record is sealed in Arkansas, it should not appear on standard background checks conducted by consumer reporting agencies. However, sealed records may still be accessible to law enforcement agencies and certain licensing boards.

Does Arkansas have a Clean Slate law?

No. Arkansas does not have a Clean Slate law that automatically seals or expunges records. Record sealing in Arkansas requires filing a petition with the court and meeting eligibility requirements. It is not automatic.

Can an employer in Arkansas deny me a job solely because of a criminal record?

Generally, yes. Arkansas does not have a state law restricting employers from denying employment based on criminal history. However, federal EEOC guidance discourages blanket exclusions and recommends that employers consider the nature of the offense, how long ago it occurred, and its relevance to the job.

How long do I have to wait to petition for record sealing in Arkansas?

Waiting periods vary by offense type. For most eligible misdemeanors, the waiting period is 5 years after completion of your sentence (including probation). Some offenses may have different requirements. Check with a legal aid provider to determine the specific waiting period for your situation.

How do I check my own criminal record in Arkansas?

You can request your criminal history from the Arkansas State Police Identification Bureau. Checking your own record before applying for jobs helps you verify its accuracy and prepare to address any issues proactively.

Arkansas Background Check Laws

No state lookback limitLast updated: 2026-04-01

In Arkansas, criminal convictions can appear on a background check indefinitely — there is no state time limit. Non-conviction records are limited to 7 years under the federal FCRA for employment screening.

Overview

Arkansas does not impose a state-level time limit on how far back criminal convictions can be reported on a background check. Under the federal Fair Credit Reporting Act (FCRA), this means convictions can appear indefinitely. Non-conviction records are limited to seven years under the FCRA for employment screening purposes. Arkansas does not have a statewide ban-the-box law for either public or private employers. Employers in the state generally have broad discretion to ask about and consider criminal history at any point during the hiring process. Arkansas does not have a Clean Slate law providing automatic expungement or sealing of records. However, the state does have a sealing statute (Ark. Code § 16-90-1401 et seq.) that allows individuals to petition the court to seal certain criminal records, including non-violent offenses. This is not automatic — it requires filing a petition and meeting specific eligibility criteria, including waiting periods. For those working toward a fresh start, understanding this sealing process can be a critical step in moving forward.

How Far Back Does a Background Check Go in Arkansas?

Record Type	Rule in Arkansas
Felony Convictions	No time limit. Felony convictions may appear on background checks regardless of age.
Misdemeanor Convictions	No time limit. Misdemeanor convictions can be reported indefinitely.
All Convictions	No state limit — convictions can be reported indefinitely under FCRA default rules.
Arrests (No Conviction)	Arrests not leading to conviction are limited to 7 years under the FCRA for employment screening.
Pending Cases	Pending criminal cases can be reported on a background check regardless of when charges were filed.

Ban the Box / Fair Chance

No statewide law

Arkansas does not have a statewide ban-the-box law for any category of employers. Both public and private employers may ask about criminal history at any point during the hiring process, including on the initial job application.

Clean Slate / Auto-Sealing

No Clean Slate law

Arkansas does not have a Clean Slate law that automatically seals or expunges criminal records. However, Arkansas has a sealing statute (Ark. Code § 16-90-1401 et seq.) that allows individuals to petition for sealing of certain offenses. Eligible offenses include non-violent misdemeanors and some felonies, with specific waiting periods (typically 5 years after completion of sentence). Sealed records are removed from public access but may still be visible to law enforcement. This process requires filing a petition with the court.

What Employers Can Do in Arkansas

When can employers ask about criminal history?: Employers in Arkansas can ask about criminal history at any point during the hiring process, including on initial job applications. There are no statewide restrictions on the timing of criminal history inquiries.
What can they consider?: Arkansas employers can generally consider any criminal conviction when making employment decisions. There is no state law requiring employers to evaluate the relevance of a conviction to the specific job or to perform an individualized assessment. Federal EEOC guidance recommends this, but it is not mandated by Arkansas state law.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Arkansas

Fair Credit Reporting Act (FCRA)(1970)
Federal law that limits reporting of non-conviction records to 7 years for employment screening. Convictions may be reported indefinitely. Applies in Arkansas as the primary framework since no stricter state law exists.
Arkansas Record Sealing Statute (Ark. Code § 16-90-1401 et seq.)
Allows individuals to petition to seal certain criminal records, including non-violent misdemeanors and some felonies, after completing their sentence and meeting waiting period requirements. Sealed records are removed from public access.
Arkansas Criminal Background Check Act (Ark. Code § 12-12-1001 et seq.)
Governs criminal background checks in Arkansas, including rules for state and national criminal history checks for certain types of employment, particularly in healthcare, education, and childcare.

Frequently Asked Questions — Arkansas

How far back does a background check go in Arkansas?: In Arkansas, there is no state-imposed time limit on reporting criminal convictions. Convictions can appear on your background check indefinitely. Non-conviction records are limited to 7 years under the federal FCRA for employment screening.
Can I get my record sealed in Arkansas?: Yes. Under Ark. Code § 16-90-1401, you can petition the court to seal certain criminal records. Eligible offenses typically include non-violent misdemeanors and some felonies. You must have completed your sentence (including probation) and met the required waiting period, usually 5 years. An attorney or legal aid organization can help you navigate this process.
Does Arkansas have a ban-the-box law?: No. Arkansas does not have a statewide ban-the-box law. Employers — both public and private — can ask about criminal history at any point during the hiring process, including on the initial job application.
Will a sealed record show up on a background check in Arkansas?: Generally, no. Once a record is sealed in Arkansas, it should not appear on standard background checks conducted by consumer reporting agencies. However, sealed records may still be accessible to law enforcement agencies and certain licensing boards.
Does Arkansas have a Clean Slate law?: No. Arkansas does not have a Clean Slate law that automatically seals or expunges records. Record sealing in Arkansas requires filing a petition with the court and meeting eligibility requirements. It is not automatic.
Can an employer in Arkansas deny me a job solely because of a criminal record?: Generally, yes. Arkansas does not have a state law restricting employers from denying employment based on criminal history. However, federal EEOC guidance discourages blanket exclusions and recommends that employers consider the nature of the offense, how long ago it occurred, and its relevance to the job.
How long do I have to wait to petition for record sealing in Arkansas?: Waiting periods vary by offense type. For most eligible misdemeanors, the waiting period is 5 years after completion of your sentence (including probation). Some offenses may have different requirements. Check with a legal aid provider to determine the specific waiting period for your situation.
How do I check my own criminal record in Arkansas?: You can request your criminal history from the Arkansas State Police Identification Bureau. Checking your own record before applying for jobs helps you verify its accuracy and prepare to address any issues proactively.

Arkansas Resources

Arkansas State Police — Criminal Background Checks
Request your own criminal history record from the Arkansas State Police to review for accuracy.
Center for Arkansas Legal Services (CALS)
Provides free legal assistance to low-income Arkansans, including help with record sealing petitions.
Legal Aid of Arkansas
Free civil legal help for eligible individuals in Arkansas, including criminal record matters and employment rights.
Arkansas Judiciary — Court Forms
Access court forms for record sealing petitions and other relief, with self-help resources for people without attorneys.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Arkansas for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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