Arkansas Public Records

How the Arkansas Freedom of Information Act Actually Works

Arkansas's public records law is codified at Ark. Code § 25-19-101 (Arkansas Freedom of Information Act). It gives any person — resident or not, citizen or not, journalist or not — the right to inspect and copy public records held by state and local agencies. In most cases, you do not have to explain why you want the record.

Response time: 3 working days, or immediate for existing records. The agency's response is not necessarily a deadline to deliver records — it tells you whether the records exist and when they'll be produced.

Fee rules: actual copying costs only; no charge for inspection. Agencies cannot inflate charges to discourage requests.

If your request is denied or unreasonably delayed, the law typically provides a mechanism to appeal — either administratively or by filing a petition in state court. Many states award attorney's fees to requesters who prevail on a wrongfully denied request.

What You Cannot Get in Arkansas (the honest answer)

Many directory sites promise things Arkansas law specifically restricts. Here's what's actually true:

• Rap sheet access: Subject only via fingerprint submission. Third-party "instant background check" sites that promise a full Arkansas criminal history are typically aggregating older court data — not the official state record.
• Sealed and expunged records: records cleared under Arkansas's expungement law (Ark. Code § 16-90-1401 (Comprehensive Criminal Record Sealing Act)) are removed from public criminal history reports.
• Juvenile records are generally confidential under Arkansas law and not available without court order.
• Active investigation records, attorney-client privileged documents, draft notes, and personnel files are exempt under standard exceptions to the Arkansas Freedom of Information Act.
• Booking photos (mugshots) have increasingly restricted commercial use across Arkansas and most states — paid "mugshot removal" sites are exposed to civil liability in many jurisdictions.

Expungement and Record Clearing in Arkansas

Arkansas's record-clearing law is found at Ark. Code § 16-90-1401 (Comprehensive Criminal Record Sealing Act).

Eligibility: most misdemeanors immediately after completion; many felonies after 5 years; some serious offenses excluded.

The petition or application is typically filed in the court of conviction. Filing fees, waiting periods, and exclusions vary by offense type — serious violent crimes and most sexual offenses are commonly excluded. Many states are moving toward automatic ("Clean Slate") sealing for qualifying records.

If you believe your Arkansas record contains an error or includes an offense that should have been cleared, you have the right to challenge it through the state criminal history repository — typically by submitting a written claim with documentation.

How to Get Your Own Arkansas Criminal Record

If you need your own Arkansas criminal history — for an employer, a licensing board, an immigration application, or just to know what's there — the state record is maintained by the Arkansas State Police Identification Bureau.

Walkthrough:

1. Choose your method: Arkansas State Police criminal history check + $22 in-state, $25 out-of-state.
2. Complete the required form (most states use a standard request form available from the Arkansas State Police Identification Bureau website).
3. Submit your request along with the fee. Fingerprint-based methods provide the most complete and accurate record but take longer.
4. Turnaround: 10-14 days.
5. Review the response. If you find errors, the law at Ark. Code § 12-12-1001 provides procedures for correcting or challenging inaccurate criminal history information.

Fingerprint-based criminal history checks are considered the official record. Name-based checks are faster and cheaper but can miss records or include records belonging to people with similar names — verify identity carefully.

Notable Arkansas Record Laws You Should Know

• Act 1460 of 2013: Sealing automatic for completed deferred-adjudication cases.
• Ark. Code § 12-12-1001: the statute governing the maintenance, dissemination, and inspection of state criminal history records in Arkansas.
• Federal interaction: the FBI maintains a separate national criminal history database (the Identification, Information & Investigation Services / NGI). Some Arkansas background checks include a fingerprint forward to the FBI for $13–$32 additional fee, depending on purpose.