Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Arkansas: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Arkansas does not have a statewide ban the box or fair chance hiring law for private employers. Private employers may ask about criminal history on the initial job application and at any stage of the hiring process.
Criminal Record Lookback Period
Arkansas has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Arkansas has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Under Arkansas's Comprehensive Criminal Record Sealing Act, courts may seal dismissed charges, certain misdemeanor convictions, and certain nonviolent felony convictions after a waiting period. Once sealed, a record is treated as though it never occurred, and the custodian of the record may not disclose it except in narrow circumstances such as law enforcement employment.
Salary History Ban
Arkansas does not have a salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
Arkansas does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Arkansas has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Arkansas has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Arkansas has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Arkansas's medical marijuana law prohibits employers from discriminating against an applicant or employee based on their past or present status as a registered qualifying patient or caregiver. Employers may still enforce drug free workplace policies, restrict use during work hours, exclude patients from safety sensitive positions, and take action based on on the job impairment. Separately, Arkansas law requires that any employer required physical, medical, or drug test be provided at no cost to the applicant or employee, with a free copy of the results available on request.
Pre-Adverse Action Notice & Waiting Period
Arkansas has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Arkansas has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
Arkansas has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Childcare & Vulnerable Population Screening
Arkansas requires a Child Maltreatment Central Registry check and a criminal record check for employees and volunteers with direct, unsupervised access to children, as well as foster parents, adoptive parents, and certain school personnel. Individuals with a record of a disqualifying offense may not have unsupervised contact with children.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
Little Rock and Pulaski County have ban the box ordinances that apply to city contractors and public employees. They do not extend to private sector employers generally.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Arkansas gives employers wide latitude, but a few requirements still apply. To stay compliant:
Provide a clear disclosure and obtain written authorization before running a background check. Provide any required pre-employment drug or medical test at no cost to the applicant, and a free copy of the results on request. Do not ask about or consider sealed criminal records in hiring decisions. Do not discriminate against an applicant solely for being a registered medical marijuana patient or caregiver, though safety sensitive exclusions and drug free workplace policies still apply. Run the required Child Maltreatment Central Registry and criminal record checks before hiring for any role with unsupervised access to children. Follow the FCRA's pre-adverse and final adverse action process before denying employment based on a report.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Arkansas Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Arkansas law.