§ 12-12-1009 — Dissemination of conviction information for noncriminal justice purposes

(a) Conviction information shall be made available for the following noncriminal justice purposes: (1) To any local, state, or federal governmental agency that requests the conviction information for the enforcement of a local, state, or federal law; (2) To any entity authorized either by the subject of the record in writing or by state or federal law to receive the conviction information; and (3) To any federal agency or central repository in another state requesting the conviction information for a purpose authorized by law. (b) Conviction information disseminated for noncriminal justice purposes under this subchapter shall be used only for the purposes for which it was made available and may not be redisseminated. (c) Nonconviction information shall not be available under the provisions of this subchapter for noncriminal justice purposes. (d) No agency or individual shall confirm the existence or nonexistence of criminal history information to any person or organization that would not be eligible to receive the criminal history information pursuant to this subchapter. (e) A local agency may release its own agency records according to its own policy. (f) The Department of Arkansas State Police Automated Fingerprint Identification System may access and use the National Fingerprint File and Interstate Identification Index as provided by the Federal Bureau of Investigation when the Arkansas Code authorizes a fingerprint-based Federal Bureau of Investigation check for a noncriminal justice purpose and a positive identification based on fingerprints is made. (g) A DNA sample or DNA record obtained under this subchapter is not available under this subchapter for noncriminal justice purposes.

Legislative History

Acts 1993, No. 1109, § 8; 1994 (2nd Ex. Sess.), No. 37, § 3; 1994 (2nd Ex. Sess.), No. 38, § 3; 2005, No. 2213, § 1; 2009, No. 168, § 1; 2009, No. 974, § 8.