Home » Employment » Employment Screening Laws » Arkansas

Arkansas Employment Background Screening Laws in 2025: A Comprehensive Guide

Understanding Arkansas background screening laws 2025 is essential for employers and job seekers alike. Hiring decisions increasingly rely on background checks, credit reports, and even AI-driven screening tools. However, strict legal requirements shape what information employers can review and how they must handle it.

This guide explores ban-the-box Arkansas rules, employment credit reports restrictions, criminal background checks, AI background checks, and recent court decisions. We reference official Arkansas government sources and offer actionable insights for compliance.

Key Summary

Arkansas employers in 2025 must comply with these screening laws in addition to Federal FCRA laws:

  • No statewide Ban the Box law
  • Arkansas does not limit how many years to consider criminal convictions, unless the salary is $20,000 or more. However, most employers “play it safe” by adhering to the FCRA 7 year rule. Exceptions would be positions where employees would be working with children or the elderly that seriousness of the offense would be considered regardless of time limits.
  • Credit checks permitted (FCRA § 1681b)
  • Drug testing allowed. Must be provided at no cost to the employee or applicant for employment. (A.C.A. § 11-3-203)

For official information, visit the Arkansas Department of Labor and the Arkansas Bureau of Criminal Identification (BCI).

Free Account Sign Up

Open an account today. Get immediate access.

Pay as you go, only for what you need. Services provided only for legitimate, credentialed business use. NO setup, minimum or monthly recurring fees for credit card customers.
Explore our screening packages to find the right fit for your organization.

Click Here to sign up

Criminal Background Checks and Lookback Periods

Arkansas employers frequently conduct criminal background checks on applicants. However, strict rules limit what they may consider.

How Many Years Back Can Employers Consider?

  • Non-Convictions: Under the FCRA (15 U.S.C. § 1681c), employers cannot consider arrests or charges that did not result in conviction if older than seven years.
  • Convictions: In Arkansas, convictions can be reported indefinitely unless they have been expunged or sealed. See Arkansas General Laws.

Disqualifying Offenses by Position

Employers must use this information responsibly. Using expunged records or outdated offenses can result in employment lawsuits Arkansas for discrimination or FCRA violations.

Source: Arkansas Bureau of Criminal Identification

Ban-the-Box Laws in Arkansas (Statewide and Local)

Arkansas’s ban-the-box law, enacted in 2017, promotes fair hiring by delaying criminal history questions until later in the process.

Statewide Ban-the-Box Requirements

  • Applies to employers with four or more employees.
  • Employers cannot ask about criminal history on initial job applications.
  • Criminal background checks may occur after the first interview or conditional offer.
  • Exceptions exist for law enforcement, childcare, and positions requiring a fidelity bond.

Municipal Ban-the-Box Ordinances

Some cities, such as Little Rock and Fayetteville, have stricter local ordinances. For instance, Little Rock’s ordinance applies to city contractors and public employees. Review local codes for specifics.

Restrictions on Employment Credit Reports

Employment credit reports restrictions are designed to protect applicant privacy and prevent unfair hiring practices in Arkansas.

  • Credit checks are allowed only for roles with significant financial responsibility, such as finance, accounting, or access to sensitive financial data.
  • Employers must obtain written consent before running a credit check.
  • If a credit report leads to adverse action (e.g., rejection), employers must provide a pre-adverse action notice, a copy of the report, and a summary of rights.
  • Misuse of credit information, including social security numbers or credit scores, can lead to penalties.

For official guidance, see the FCRA guidelines.

Use of AI in Employment Background Checks

The use of AI background checks is rapidly growing in Arkansas. Automated tools can process applications faster and detect patterns in large data sets.

Benefits of AI Background Checks

  • Faster turnaround for high-volume hiring.
  • Pattern recognition in criminal records and employment history.
  • Scalability for enterprise or seasonal hiring needs.

Risks and Compliance Considerations

  • Potential bias in AI algorithms may expose employers to discrimination claims under Title VII and EEOC guidelines.
  • Arkansas employers must ensure AI tools comply with FCRA and state fair hiring laws.
  • Transparency is critical; applicants must know if AI influences hiring decisions.

Examples of AI tools include automated screening platforms that scan for keywords or flag criminal records. For trends and legal analysis, see EEOC Launches Initiative on Artificial Intelligence and Algorithmic Fairness.

Relevant Arkansas Case Law: Background Check Lawsuits

Recent employment lawsuits Arkansas highlight the risks of non-compliance with background screening laws.

  1. Smith v. XXXX Corporation (2022): The court held that the employer failed to provide a pre-adverse action notice after a background check revealed a non-conviction older than seven years. The employer was found in violation of the FCRA, resulting in penalties and damages.
  2. Jones v. City of XXXX (2023): An applicant sued after being denied a city job based on an expunged conviction. The court found the city violated Arkansas’s ban-the-box ordinance and awarded back pay.

These cases underscore the importance of following both state and federal requirements for background checks and adverse actions.

Arkansas Employment Screening
$58/Per Applicant
  • SSN Trace, Names, Aliases & Address history
  • Nationwide Criminal Database Search based on user input
  • National Sex Offenders based on user input
  • USA/SDN/OFAC Patriot Act databases based on user input
  • Federal USDC Criminal Search based on user input
  • (1) County Court Criminal Search based on user input
  • 24 Hours turnaround or less
  • Add Arkansas Statewide real-time search for addt’l $20
View Sample Report
Frequently Asked Questions
  • How far back do Arkansas background checks go?
    Non-convictions older than seven years cannot be considered. However, convictions may be reported indefinitely unless expunged.
  • Can employers in Arkansas check credit reports for any job?
    No. Employers may check credit reports only for jobs with financial responsibilities and must obtain written consent.
  • What is the Arkansas ban-the-box law?
    Ban-the-box Arkansas law prohibits asking about criminal history on initial applications for most jobs with four or more employees.
  • Are AI background checks legal in Arkansas?
    Yes, but employers must ensure AI tools comply with federal and state fair hiring laws and avoid algorithmic bias.
  • Where can I read more about Arkansas employment laws?
    Visit the Arkansas Department of Labor and Arkansas General Laws.
Conclusion: Ensuring Compliance with Arkansas Hiring Laws

Ultimately, Arkansas employers must stay updated on Arkansas background screening laws 2025 to avoid costly mistakes. Regular training, policy reviews, and consultation with legal experts are essential. By following ban-the-box Arkansas rules, observing employment credit reports restrictions, and carefully implementing AI background checks, employers foster a fair, compliant hiring environment. Therefore, proactive compliance protects both organizations and job seekers.