Unrestricted information — Records — Immunity from civil liability

  1. Law
  2. Arkansas Code
  3. Law Enforcement, Emergency Management, and Military Affairs
  4. Law Enforcement Agencies and Programs
  5. Crime Reporting and Investigations
  6. Arkansas State Criminal Records Act
  7. Unrestricted information — Records — Immunity from civil liability

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  1. (a)

    1. (1) All conviction information and felony arrest records may be disseminated as provided in this subchapter.

    2. (2) Any criminal history information of felony arrest records and all conviction information that pertains to a person currently being processed by the criminal justice system, including during the entire period of correctional supervision extending through final discharge from parole, may be disseminated without restriction.

    3. (3)

      1. (A) The Identification Bureau of the Department of Arkansas State Police, the Arkansas Crime Information Center, or a third party shall be responsible for the maintenance of information pertaining to dissemination of criminal history information.

      2. (B) The information pertaining to dissemination required to be maintained shall be retained for a period of not less than three (3) years for security purposes.

    4. (4)

      1. (A)

        1. (i) Each requestor that is allowed access to criminal history information under this subchapter with written consent of the subject of the request shall maintain the written consent document in its files for at least three (3) years.

        2. (ii) Access to criminal history information and sealed or expunged records for the Arkansas Public Defender Commission is authorized without the consent of the subject of the request. However, the commission shall maintain records of the reason the dissemination was requested for a period of three (3) years.

        3. (iii) Any requestor that is granted access to criminal history information under this subchapter shall not disseminate the criminal history information.

      2. (B) These files and any written consent documents shall be subject to inspection by the Department of Arkansas State Police or the center.

  2. (b) This section allows the dissemination of information concerning persons who are required to register as sex offenders.

  3. (c) A criminal justice agency and its employees and officials shall be immune from civil liability except in instances of gross negligence or intentional malice for dissemination of criminal history information under this subchapter.

  4. (d) The department shall provide criminal history information to any person upon proper request and payment of the requisite fee and without requiring written consent of the subject of the request.


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