Ark. Code Ann. § 17-1-103 (2026)
Registration, certification, and licensing for criminal offenders
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- It is the policy of the State of Arkansas to encourage and contribute to the rehabilitation of criminal offenders and to assist them in the assumption of the responsibilities of citizenship.
- The public is best protected when offenders are given the opportunity to secure employment or to engage in a meaningful trade, occupation, or profession.
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- Subject to the provisions of subdivision (b)(2) of this section in determining eligibility under this section, a board, commission, department, or an agency may take into consideration conviction of certain crimes that have not been annulled, expunged, or pardoned.
- However, such convictions shall not operate as an automatic bar to registration, certification, or licensing for any trade, profession, or occupation.
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The following criminal records shall not be used, distributed, or disseminated in connection with an application for a registration, license, or certificate:
- Records of arrest not followed by a valid felony conviction by the courts;
- Convictions that have been annulled or expunged or pardoned by the Governor; and
- Misdemeanor convictions, except misdemeanor sex offenses and misdemeanors involving violence.
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- The board, commission, department, or agency shall state explicitly in writing the reasons for a decision that prohibits the applicant from practicing the trade, occupation, or profession if the decision is based, in whole or in part, on conviction of a felony.
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For the purposes of this section, completion of the following shall be deemed prima facie evidence of sufficient rehabilitation:
- Probation or parole supervision; and
- A period of five (5) years after final discharge or release from any term of imprisonment in the state penitentiary without any subsequent conviction.
- Any complaints concerning the violation of this section shall be adjudicated in accordance with the procedure set forth in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for administrative and judicial review.
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- This section shall apply to any board, commission, department, agency, or any other body that deals in licensing or regulating a profession, trade, or occupation in the State of Arkansas.
- It shall be the duty of the Secretary of State to make this section known to any board, commission, department, or agency affected by this section.
- This section shall not apply to teacher licensure or certification or nursing licensure and certification as governed by §§ 6-17-410 and 17-87-312 respectively.
History. Acts 1973, No. 280, §§ 1-6; A.S.A. 1947, §§ 71-2601 — 71-2606; Acts 1997, No. 1317, § 1; 2001, No. 752, § 3; 2005, No. 1994, § 487.
Amendments. The 2005 amendment inserted the subdivision designations in (a) and (b); redesignated former (c) and (c)(1)-(3) as present (b)(2) and (b)(2)(A)-(C); redesignated former (d)-(f) as present (c)-(e) and former (g) and (h) as present (f)(1) and (f)(2); deleted former (i); added (g); and made minor stylistic changes.
Cross References. Arkansas State Criminal Records Act, definitions of, § 12-12-1503.
Arkansas State Criminal Records Act, intent of, § 12-12-1502.
Teacher licensure, § 6-17-410.
Unrestricted information, records, immunity from civil liability, § 12-12-1506.
Case Notes
Construction.
There was substantial evidence to support the finding that the prior felony conviction should not be waived to allow the applicant to offer counseling, because the Arkansas Board of Examiners in Counseling found that the applicant's testimony that there would be no future aberrations in his behavior was not credible; this section did not confer a right upon a rehabilitated offender to a particular trade or license. Beavers v. Ark. Bd. of Examiners in Counseling, 2013 Ark. App. 222, 427 S.W.3d 130 (2013).
Circuit court properly granted summary judgment to the Arkansas State Police (ASP) in an action by a towing company and an employee for injunctive and declaratory relief asserting that the ASP policy prohibiting individuals with felony convictions from placement on the ASP Towing Rotation List was illegal under this section. Plaintiffs' suit was barred by sovereign immunity, because this section did not apply to ASP, as ASP did not deal in licensing or regulating the occupation of towing within the meaning of subsection (f) of this section, as required for this section to apply; thus, plaintiffs failed to demonstrate that the illegal-act exception to sovereign immunity applied. Steve's Auto Ctr. of Conway, Inc. v. Ark. State Police, 2020 Ark. 58, 592 S.W.3d 695 (2020).
Attorney Discipline.
Circuit court's order to dismiss the attorney's conviction and to seal the record of the criminal proceeding was not binding on the Arkansas Supreme Court for purposes of the disciplinary proceeding against the attorney because the court could not be bound by an expungement order made pursuant to a legislative enactment when engaged in its constitutional mandate to regulate and discipline attorneys at law. Ligon v. Davis, 2012 Ark. 440, 424 S.W.3d 863 (2012).
Municipal Regulation.
This section, which states a broad policy of rehabilitating those who have been convicted of a crime, does not conflict with § 14-57-302, which allows cities to regulate the operation of taxicabs, because this section does not attempt to give a person a right to a particular job; therefore, a city ordinance which prohibited the issuance of a taxicab driver's permit to any person convicted of driving while under the influence of intoxicating liquors within the past three years did not violate Ark. Const., Art. 12, § 4 which prohibits cities from enacting local laws contrary to state statute. Bolden v. Watt, 290 Ark. 343, 719 S.W.2d 428 (1986).