Criminal history information
Arkansas Code § 12-12-1010; Arkansas Code § 12-12-1014; Arkansas Code § 12-12-203; Arkansas Code § 12-12-211
(a) Responsibilities.
- (1) Arkansas Crime Information Center (ACIC) is authorized to administer the state computerized criminal history file, in accordance with Arkansas Code §§ 12-12-207 and 12-12-1001 – 12-12-1015.
- (2) The Division of Arkansas State Police administers the state Identification Bureau where arrest fingerprint records are maintained.
(b) Fingerprinting. Law enforcement agencies arresting persons for offenses specified in Arkansas Code § 12-12-1006 are required to:
- (1) Fingerprint those persons at the time of arrest; and
- (2) Submit the prints to the state Identification Bureau within forty-eight (48) hours.
- (c) Disposition reporting. Arkansas criminal justice agencies are required to report dispositions of criminal charges in accordance with Arkansas Code § 12-12-1007.
(d) Interstate records.
- (1) Criminal history information may be retrieved through ACIC from the Federal Bureau of Investigation as well as directly from other states.
- (2) Criminal history records obtained through the Federal Bureau of Investigation Interstate Identification Index, and from other states through the National Law Enforcement Telecommunications System, are restricted to criminal justice use and may not be accessed for licensing or employment purposes, except criminal justice employment using purpose code "J", or other purposes specifically authorized by law.
(e) Logging.
- (1) A record on all disseminations of criminal history information must be maintained.
(2) This record of each dissemination provides an audit trail that is required for:
- (A) Correcting errors;
- (B) Updating records that may be modified by judicial or administrative action; and
- (C) Verifying access.
- (3) A log of each criminal history requested through ACIC is electronically maintained in the ACIC system.
- (4) Any agency retrieving criminal history information through ACIC and subsequently disseminating that information to another criminal justice agency outside the original receiving agency is required to log this secondary dissemination.
- (5) This manual log will be in a format prescribed by ACIC and will be retained by the disseminating agency for a period of one (1) year.
(f) Right of challenge.
- (1) An individual has a right to see and challenge the contents of his or her criminal history record in ACIC, under controlled and reasonable administrative procedures, in accordance with Arkansas Code § 12-12-1013.
- (2) Requests should be addressed to the administrator of the ACIC Criminal History Division.