Criminal Background Checks

 
Frequently Asked Questions


What is included in the criminal background check response using the online CBC system?

In the response to the online record check, you will receive the same information as you would with an in-person or mailed background check request.

The background check releases a person's Arkansas felony and misdemeanor conviction record, any pending Arkansas felony arrests (where a person has been arrested and has not gone to trial) within the last three (3) years, and whether the person is a registered sex offender (levels one through four) or is required to register as a sex offender.

You will not have access to the same information that is available to law enforcement, such as any misdemeanors that are pending in court, arrests that ended in the case being dismissed, nol prossed or being found not guilty and traffic records such as speeding, no seat belt etc.

Only in certain instances will persons be allowed access to a sealed record’s information. See Arkansas Attorney General Opinions 2003-057 and 2003-183. Visit the Attorney General's website for more information http://www.ag.arkansas.gov/opinions.


What are the advantages of using the Arkansas State Police background check process as compared to other background check products offered over the Internet?

Other background checks from private companies are linked by name only. If an applicant has a common name, there can be convictions linked to that person which do not belong to him or her or they could deny a conviction that is in fact the actual subject.

The Arkansas State Police retrieves the Arkansas criminal history information from the ACIC database. That database, in conjunction with the Arkansas State Police AFIS, connects all arrests based on fingerprints and not merely by name. If someone who has a criminal record is arrested under a false name and fingerprints are taken at the time of arrest, the current arrest will be linked to any previous criminal history, regardless of the false name that was given.

Also, if a criminal offense charge appears on a person's criminal history background check and the person claims that it is not his or her arrest, that person can arrange to have fingerprints taken by a law enforcement officer and those fingerprints compared to the fingerprints from the arrest that allegedly is not his or hers. The Arkansas State Police will be able to positively confirm or exclude that person from that arrest/criminal history.

The Arkansas State Police state background check is not based on comparison of fingerprints to fingerprints; instead it is based on a name query of the criminal history system that is linked by fingerprints. The Arkansas State Police records are based on submissions of fingerprint arrest cards from law enforcement arrests and not merely court records.


What are the costs of the online CBC record request for Category I and II?
The cost is $22.00 per Arkansas state request or $11.00 for volunteers.

There is also an annual fee that is assessed by INA to utilize their service(s). This fee is waived for State agencies and educational institutions. If you already receive services from INA, you may be able to add this service without additional registration expenses.

The fee for the National/FBI fingerprint-based background check (if the entity is allowed access) is $16.50 or $15.00 for volunteers. (Category II only)


How do I submit a written record check request in person, through the U.S. Mail or other delivery service for the state background check?

Anyone with the signed written consent of the subject of the record may use the manual process of conducting an Arkansas criminal history record check by submitting a completed ASP-122 with a notarized release signature from the subject of the check and a $25.00 check or money order. Credit cards are not accepted for the manual transaction at this time. A stamped addressed envelope must be included with each request. Adobe PDF documents require the free Adobe Reader.

The requests can be mailed to:

Arkansas State Police Identification Bureau
1 State Police Plaza Drive
Little Rock, AR 72209

The request can also be delivered in person to the Arkansas State Police Headquarters at I-30 at Geyer Springs Road (exit 133) in Little Rock, Arkansas. Our business hours are Monday through Friday 7:30 a.m. to 5:00 p.m. (excluding state holidays). The processing time once the request is received by the Identification Bureau is generally two (2) to five (5) business days, excluding mailing time.

You may not submit the request to your local Troop headquarters or to the ASP Criminal Investigation Division.


What is included in the criminal background check response using the manual paper form?

In the response to the manual background check, you will receive the same information as you would with an electronic check.


How do I challenge a background check result?


Under either the online or written/mailed in background check request methods, if the results show an arrest or conviction that the subject of the record check results states is not him or her, the subject of the record may challenge the record at no cost to you or the subject. They will need to be fingerprinted by a law enforcement officer; and those fingerprints will be compared against the fingerprints and/or photograph from the challenged arrest. If the arrest is found not to be the subject, the incorrect information will be removed from the criminal history record, and updated record/results will be issued to the entity that requested the background check at no charge. If the arrest is found to be correctly included in the criminal history, the arrest will not be removed.