Arkansas has no state law that regulates background check companies and no statewide ban-the-box law for private employers. Some local governments, including Little Rock, Pulaski County and Pine Bluff, have removed criminal history questions from their own job applications. Private employers may ask about records, but if they use a screening company, the federal FCRA requires your written permission, a copy of the report and a chance to respond before an adverse decision.
The Comprehensive Criminal Record Sealing Act of 2013, Ark. Code § 16-90-1401 et seq., is Arkansas's main tool for clearing records. Most misdemeanors can be sealed, and some non-violent felonies can be sealed after the sentence is complete. Non-conviction records are generally sealed unless that would create a public safety risk. There is no filing fee, and most pardoned offenses are sealed automatically. Once a conviction is sealed, it is deemed never to have occurred, and the person may say the conduct did not happen, under § 16-90-1417(b). Sealing is not automatic for most records, so a person must file a petition.
Arkansas also limits how licensing boards use records. Boards may not deny a license over an arrest without a conviction, and sealed, expunged or pardoned convictions generally do not count under Ark. Code § 17-3-102. Arkansas has no state tenant-screening statute, so renters rely mainly on the FCRA. A screening report that still lists a sealed case may be inaccurate and can be disputed.
Where Arkansas FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from Arkansas are heard in 2 federal districts:
- Eastern District of ArkansasCourthouses: Little Rock, Jonesboro, Helena.Filed with local or cooperating counsel
- Western District of ArkansasCourthouses: Fort Smith, Fayetteville, Texarkana, El Dorado, Hot Springs.Filed with local or cooperating counsel
Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:
- Checkr: HQ in N.D. California
- First Advantage and Sterling: HQ in N.D. Georgia
- RealPage: HQ in N.D. Texas
Which court is right depends on your facts. We'll tell you at your free case review.
Arkansas laws that add to the FCRA
- Comprehensive Criminal Record Sealing Act of 2013 (Ark. Code § 16-90-1401 et seq.)
Sets up a uniform petition to seal most misdemeanors, some felonies and non-conviction records. No filing fee may be charged, and most pardoned offenses are sealed automatically. Read it - Effect of sealing (Ark. Code § 16-90-1417(b))
Treats a sealed conviction as never having occurred and lets the person state that the conduct did not happen. A sealed conviction can still be used in some later criminal proceedings. Read it - Licensing disqualifications (Ark. Code § 17-3-102)
Lists the offenses that can disqualify a person from a state license unless sealed, expunged or pardoned, and limits most of them to a five-year period. Boards may not consider arrests without a conviction or use vague terms like good character. Read it
Common background check errors
- Someone else's criminal or eviction record matched to you by name
- Dismissed, sealed or expunged cases still reported
- Charges reported as convictions, or misdemeanors as felonies
- The same case listed several times
- Eviction filings reported without the dismissal or outcome
Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.
Frequently asked questions
What can I say about a sealed record on an Arkansas job application?
Arkansas law treats a sealed conviction as never having occurred, so you may generally state that the conduct did not happen. There are exceptions, including some later criminal proceedings and certain licensing. A background report that still shows the sealed case may be inaccurate.
Can an Arkansas employer ask about my criminal history?
Private employers generally can, because Arkansas has no statewide ban-the-box law. Some city and county governments do not ask on their own applications. Any employer using a background check company must follow the FCRA's consent and adverse action rules.
Can an Arkansas tenant screening report include a sealed case?
It should not. Sealed records are removed from public access, and the FCRA requires screening companies to use reasonable procedures for maximum possible accuracy. If a sealed case shows up, you can dispute it with the screening company, which generally must reinvestigate within 30 days.
How long do I have to file an FCRA lawsuit in Arkansas?
FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.
Sources
- U.S. District Court for the Eastern District of Arkansas
- U.S. District Court for the Western District of Arkansas
- 28 U.S.C. § 83 (Arkansas judicial districts)
- NCSL, Consumer Report Security Freeze State Laws
- FTC, What To Know About Credit Freezes and Fraud Alerts
- National Consumer Law Center, What States Can Do on Medical Debt Credit Reports (Nov. 2025)
- Arkansas Center for Health Improvement, proposed federal rule on medical debt
- Collateral Consequences Resource Center, Arkansas profile
- Legal Aid of Arkansas, Sealing Criminal Records in Arkansas
- Backgroundchecks.com, Arkansas background check laws (local ban-the-box policies)
- 15 U.S.C. § 1681i (FCRA reinvestigation)
- 15 U.S.C. § 1681p (FCRA jurisdiction and time to sue)
Updated November 2026. This page is general information, not legal advice.