Arkansas Public Records

How the Arkansas Freedom of Information Act of 1967 works

The Freedom of Information Act of 1967 is Ark. Code § 25-19-101 and following. The free public text of the Arkansas Code is reached from the General Assembly's Arkansas Law page, and the Attorney General prints the full Act in its Freedom of Information Handbook, 22nd edition.

Who may ask: any citizen of the State of Arkansas, in person or by telephone, mail, fax or email (§ 25-19-105(a)). Corporations count as citizens, and the reason for the request does not matter. Access is denied to a person who has pleaded guilty to or been found guilty of a felony and is incarcerated. The request must be specific enough to locate the records with reasonable effort.

Deadline: records must be provided at once. If a record is in active use or storage, the custodian must certify that in writing and set a date and hour within three working days (§ 25-19-105(e)). Requests for personnel and evaluation records are decided within 24 hours.

Fees: no charge for inspection. Copies may cost no more than the actual cost of reproduction plus mailing, without staff time; a fee estimated over $25 can be required in advance, and the custodian must itemize charges (§ 25-19-105(d)(3)).

Appeals: a citizen who is denied may appeal immediately to the Pulaski County Circuit Court or the circuit court of the requester's residence when a state agency is involved, or to the circuit court of the district for a county, city or school district. The court must set a hearing within seven days of the application (§ 25-19-107).

What you cannot get in Arkansas

• Arkansas Crime Information Center criminal records: access is restricted by Ark. Code § 12-12-211. The public route is the State Police ARCH name search, which leaves out juvenile records and sealed convictions.
• Open police investigations: undisclosed investigations by law enforcement agencies of suspected criminal activity are exempt (§ 25-19-105(b)(6)). The Attorney General's handbook notes that jail logs, arrest records and shift sheets are not investigative and are open.
• Juvenile records: kept confidential by Ark. Code § 9-27-309 and § 9-28-217.
• Sealed records: records sealed under the record sealing law, Act 1460 of 2013 (§ 16-90-1401 to 16-90-1419).
• Vital records: birth and death certificates and other vital records are confidential under § 20-18-304 and § 20-18-305 and go only to eligible people.

Sealing a record in Arkansas

Arkansas clears records by sealing under Act 1460 of 2013, Ark. Code § 16-90-1401 and following (free text from the General Assembly's Arkansas Law page). The petition and the uniform order come from the Arkansas Crime Information Center, and there are separate forms for misdemeanors, felonies, DWI, drug court, dismissals and acquittals, arrests and pardons.

Misdemeanors (§ 16-90-1405): once the sentence is complete and court costs, restitution and any license reinstatement are paid. For the misdemeanors named in § 16-90-1405(b)(1), five years must pass after the sentence is completed.

Felonies: § 16-90-1408 bars sealing of a Class Y, A or B felony (except the Class A or B drug felonies § 16-90-1406 allows), manslaughter, an unclassified felony with a maximum over ten years, a felony sex offense, a felony involving violence under § 5-4-501(d)(2) and a felony traffic offense by a commercial license holder. Under § 16-90-1406, a nonviolent Class C or D felony, an eligible unclassified felony, a Class A or B felony under the Uniform Controlled Substances Act and a nonviolent felony committed before age 18 can be sealed once the sentence is complete; a violent Class C or D felony needs five years after the sentence is completed. The person may have no more than one prior felony.

Where to file: take the petition and order to the court where you were sentenced. The clerk sends the order to ACIC, which has 30 days to complete it.

How to get your own Arkansas criminal record

The Arkansas State Police Identification Bureau answers requests for an Arkansas record check.

1. Print form ASP-122, the Individual Record Check Request Form, from the State Police background check forms page.
2. Fill it in, sign the consent and have the form notarized.
3. Mail it with a $25 check or money order payable to the Arkansas State Police (no cash) and a stamped return envelope to Arkansas State Police, ID Bureau, 1 State Police Plaza Drive, Little Rock, AR 72209. No fingerprint card is needed for an Arkansas only check.
4. For a quicker look, the online ARCH search costs $24 and shows Arkansas convictions, open felony arrests less than three years old and sex offender status. ARCH results are not certified; certified results for employment, immigration or adoption come from the ID Bureau in person or by mail.
5. To challenge an error, the ASP-122 form points to Ark. Code § 12-12-1013 and 28 C.F.R. § 16.34. ID Bureau phone: 501-618-8500.

Arkansas record laws to know

• Ark. Code § 25-19-101 and following (Freedom of Information Act of 1967): open records and meetings, fees and court appeals; explained by the Attorney General.
• Ark. Code § 12-12-1501 and following (Act 1185 of 2015): directs the State Police to give criminal history information to any person for a fee without the subject's consent, through ARCH.
• Ark. Code § 16-90-1401 to 16-90-1419 (Act 1460 of 2013): sealing of misdemeanor and felony records, petitions and uniform orders.
• Ark. Code § 12-12-901 and following: the Sex Offender Registration Act of 1997.