12 CAR § 30-102 – Definitions

As used in this part:

(1)
1. (A) “Administration of criminal justice” means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders.
2. (B) The administration of criminal justice also includes criminal identification activities and the collection, maintenance, and dissemination of criminal justice information;
(2) “Arrest tracking number” means a unique number assigned to an arrestee at the time of each arrest that is used to link that arrest to the final disposition of that charge;
(3) “Central repository” means the Arkansas Crime Information Center, which is authorized to collect, maintain, and disseminate criminal history information;
(4) “CODIS” means the Federal Bureau of Investigation Laboratory’s Combined DNA Index System that allows the storage and exchange of DNA records submitted by:
1. (A) Federal forensic laboratories;
2. (B) State forensic laboratories; and
3. (C) Local forensic laboratories;
(5) “Conviction information” means criminal history information disclosing that a person has pleaded guilty or nolo contendere to, or was found guilty of, a criminal offense in a court of law, together with sentencing information;
(6)
1. (A)
  1. (i) “Criminal history information” means a record compiled by a central repository or the Identification Bureau of the Division of Arkansas State Police on an individual consisting of:
    1. (a) (a) Names and identification data;
    2. (b) (b) Notation of arrest;
  2. (c) (c) Detentions;
  3. (d) (d) Indictments;
    1. (e) (e) Information; or
    2. (f) (f) Other formal criminal charges.
  4. (ii) This record also includes any dispositions of the charges, as well as notations on correctional supervision and release.
2. (B) “Criminal history information” does not include fingerprint records on individuals not involved in the criminal justice system or driver history records;
(7) “Criminal history information system” means the equipment, procedures, agreements, and organizations thereof, for the compilation, processing, preservation, and dissemination of criminal history information;
(8) “Criminal justice agency” means a government agency or any subunit of a government agency that:
1. (A) Is authorized by law to perform the administration of criminal justice; and
2. (B) Allocates more than one-half (1/2) its annual budget to the administration of criminal justice;
(9) “Criminal justice official” means an employee of a criminal justice agency performing the administration of criminal justice;
(10)
1. (A) “Disposition” means information describing the outcome of any criminal charges, including notations that:
  1. (i) Law enforcement officials have elected not to refer the matter to a prosecutor;
  2. (ii) A prosecutor has elected not to commence criminal proceedings; or
  3. (iii) Proceedings have been indefinitely postponed.
2. (B) “Disposition” also includes:
  1. (i) Acquittals;
  2. (ii) Dismissals;
  3. (iii) Probations;
  4. (iv) Charges pending due to mental disease or defect;
  5. (v) Guilty pleas;
  6. (vi) Nolle prosequi;
  7. (vii) Nolo contendere pleas;
  8. (viii) Findings of guilt;
  9. (ix) Youthful offender determinations;
  10. (x) First offender programs;
  11. (xi) Pardons;
  12. (xii) Commuted sentences;
  13. (xiii) Mistrials in which the defendant is discharged;
  14. (xiv) Executive clemencies;
  15. (xv) Paroles;
  16. (xvi) Releases from correctional supervision; or
  17. (xvii) Deaths;
(11) “DNA” means deoxyribonucleic acid and is located in the cells of an individual, provides an individual personal genetic blueprint, and encodes genetic information that is the basis of human heredity and forensic identification;
(12)
1. (A) “DNA record” means DNA identification information stored in the State DNA Data Base or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of DNA test results.
2. (B) The DNA record is the result obtained from the DNA typing tests.
3. (C) The DNA record comprises the characteristics of a DNA sample which are of value in establishing the identity of individuals.
4. (D) The results of all DNA identification tests on an individual DNA sample are also collectively referred to as the DNA profile of an individual;
(13) “DNA sample” means a blood, saliva, or tissue sample provided by any individual as required by this part or submitted to the State Crime Laboratory for:
1. (A) Analysis;
2. (B) Storage; or
3. (C) Both;
(14) “Expunged record” means a record that was expunged under Arkansas Code § 16-90-901 et seq. [repealed];
(15) “Identification Bureau” means the Identification Bureau of the Division of Arkansas State Police, which may maintain fingerprint card files and other identification information on individuals;
(16)
1. (A) “Juvenile aftercare and custody information” means information maintained by the Division of Youth Services of the Department of Human Services regarding the status of a juvenile committed to or otherwise placed in the custody of the Division of Youth Services of the Department of Human Services from the date of commitment until the juvenile is released from aftercare or custody, whichever is later.
2. (B) This may include the name, address, and phone number of a contact person or an entity responsible for the juvenile;
(17) “Non-conviction information” means arrest information without disposition if an interval of one (1) year has elapsed from the date of arrest and no active prosecution of the charge is pending, as well as all acquittals and all dismissals; and
(18) “Pending information” means criminal history information in some stage of active prosecution or processing.

Codification Notes: Arkansas Code §§ 16-90-901 – 16-90-906 were repealed by Acts 2013, No. 1460, §7. Arkansas Code § 16-90-907 was repealed by Acts 2015, No. 1152, § 11.