§ 17-27-313 - Criminal background checks.
17-27-313. Criminal background checks.
(a) The Arkansas Board of Examiners in Counseling may require each applicant for license renewal and each first-time applicant for a license issued by the board to apply to the Identification Bureau of the Department of Arkansas State Police for a state and national criminal background check, to be conducted by the Identification Bureau of the Department of Arkansas State Police and the Federal Bureau of Investigation.
(b) The check shall conform to the applicable federal standards and shall include the taking of fingerprints.
(c) The applicant shall sign a release of information to the board and shall be responsible for the payment of any fee associated with the criminal background check.
(d) Upon completion of the criminal background check, the Identification Bureau of the Department of Arkansas State Police shall forward to the board all releasable information obtained concerning the applicant.
(e) No person shall be eligible to receive or hold a license issued by the board if that person has pleaded guilty or nolo contendere to or been found guilty of any of the following offenses by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court:
(1) Capital murder as prohibited in 5-10-101;
(2) Murder in the first degree and second degree as prohibited in 5-10-102 and 5-10-103;
(3) Manslaughter as prohibited in 5-10-104;
(4) Negligent homicide as prohibited in 5-10-105;
(5) Kidnapping as prohibited in 5-11-102;
(6) False imprisonment in the first degree as prohibited in 5-11-103;
(7) Permanent detention or restraint as prohibited in 5-11-106;
(8) Robbery as prohibited in 5-12-102;
(9) Aggravated robbery as prohibited in 5-12-103;
(10) Battery in the first degree as prohibited in 5-13-201;
(11) Aggravated assault as prohibited in 5-13-204;
(12) Introduction of controlled substance into body of another person as prohibited in 5-13-210;
(13) Terroristic threatening in the first degree as prohibited in 5-13-301;
(14) Rape as prohibited in 5-14-103;
(15) Sexual indecency with a child as prohibited in 5-14-110;
(16) Sexual assault in the first degree, second degree, third degree, and fourth degree as prohibited in 5-14-124 -- 5-14-127;
(17) Incest as prohibited in 5-26-202;
(18) Offenses against the family as prohibited in 5-26-303 -- 5-26-306;
(19) Endangering the welfare of an incompetent person in the first degree as prohibited in 5-27-201;
(20) Endangering the welfare of a minor in the first degree as prohibited in 5-27-203;
(21) Permitting abuse of a minor as prohibited in 5-27-221(a);
(22) Engaging children in sexually explicit conduct for use in visual or print media, transportation of minors for prohibited sexual conduct, pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, or use of a child or consent to use of a child in a sexual performance by producing, directing, or promoting a sexual performance by a child as prohibited in 5-27-303 -- 5-27-305, 5-27-402, and 5-27-403;
(23) Felony adult abuse as prohibited in 5-28-103;
(24) Theft of property as prohibited in 5-36-103;
(25) Theft by receiving as prohibited in 5-36-106;
(26) Arson as prohibited in 5-38-301;
(27) Burglary as prohibited in 5-39-201;
(28) Felony violation of the Uniform Controlled Substances Act, 5-64-101 -- 5-64-608, as prohibited in 5-64-401;
(29) Promotion of prostitution in the first degree as prohibited in 5-70-104;
(30) Stalking as prohibited in 5-71-229;
(31) Criminal attempt, criminal complicity, criminal solicitation, or criminal conspiracy as prohibited in 5-3-201, 5-3-202, 5-3-301, and 5-3-401, to commit any of the offenses listed in this subsection;
(32) Computer child pornography as prohibited in 5-27-603; and
(33) Computer exploitation of a child in the first degree as prohibited in 5-27-605.
(f) (1) The board may issue a six-month nonrenewable letter of provisional eligibility for licensure to a first-time applicant pending the results of the criminal background check.
(2) Upon receipt of information from the Identification Bureau of the Department of Arkansas State Police that the person holding such a letter of provisional licensure has pleaded guilty or nolo contendere to or been found guilty of any offense listed in subsection (e) of this section, the board shall immediately revoke the provisional license.
(g) (1) The provisions of subsections (e) and (f) of this section may be waived by the board upon the request of:
(A) An affected applicant for licensure; or
(B) The person holding a license subject to revocation.
(2) Circumstances for which a waiver may be granted shall include, but not be limited to, the following:
(A) The age at which the crime was committed;
(B) The circumstances surrounding the crime;
(C) The length of time since the crime;
(D) Subsequent work history;
(E) Employment references;
(F) Character references; and
(G) Other evidence demonstrating that the applicant does not pose a threat to the health or safety of children.
(h) (1) Any information received by the board from the Identification Bureau of the Department of Arkansas State Police pursuant to this section shall not be available for examination except by:
(A) The affected applicant for licensure, or his or her authorized representative; or
(B) The person whose license is subject to revocation, or his or her authorized representative.
(2) No record, file, or document shall be removed from the custody of the Department of Arkansas State Police.
(i) Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that person only.
(j) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check.
(k) The board shall adopt the necessary rules and regulations to fully implement the provisions of this section.