(a)

1. (1) An individual with a criminal record may seek a determination from the Division of Arkansas State Police of whether his or her criminal record will disqualify him or her from obtaining a:

   1. (A) License;
   2. (B) Credential; or
   3. (C) Commission.
2. (2) It is not necessary for an individual seeking a prelicensure criminal background determination to complete training or submit to the full application process.

(b)

1. (1) A petitioner for a prelicensure criminal background determination shall submit to the division the following items:

   1. (A) A completed criminal background determination request form provided by the division;
   2. (B) The applicable fees for state and national background checks, as prescribed by law;
   3. (C) A properly completed, legible, signed waiver authorizing the division access to the petitioner’s criminal records;
   4. (D) Two (2) classifiable sets of fingerprints; and
   5. (E) Full and complete details of the criminal record of the individual.

2. (2) Upon receipt of the above items, the division will notify the petitioner whether his or her criminal record would disqualify him or her from obtaining a:

   1. (A) License;
   2. (B) Credential; or
   3. (C) Commission.

(c) The determination of the division is not binding:

1. (1) In the event the petitioner commits subsequent criminal offenses; or
2. (2) If additional information about the petitioner’s criminal background is uncovered that was not previously disclosed.

(d) In order to obtain a license, credential, or commission, the petitioner must:

1. (1) Submit to the full application process, including additional background checks; and
2. (2) Meet all other qualifications for licensure.