§ 21-15-112 — Incumbent employees in designated financial or information technology positions

(a) (1) State agencies shall ensure that all employees in designated financial or information technology positions apply for criminal history checks by December 1, 2005. (2) An incumbent employee in a designated financial or information technology position shall have a subsequent criminal background check within five (5) years of the initial criminal background check and every five (5) years thereafter. (3) (A) In accordance with subdivisions (a)(1) and (2) of this section, each employee of a state agency in a designated financial or information technology position shall complete a criminal history check form and shall submit the form to the state agency. (B) The state agency shall: (i) Use the Online Criminal Background Check System to obtain the criminal history or forward the criminal history check form to the Identification Bureau of the Division of Arkansas State Police; and (ii) Pay any fee associated with the criminal history check on behalf of the employee. (b) (1) Except as provided in subdivision (b)(2) of this section, the bureau shall conduct a state criminal history check and a national criminal history check on an employee upon receiving a criminal history check request from a state agency. (2) If the state agency can verify that the employee has been employed by a state agency in a designated financial or information technology position within sixty (60) days before applying for the criminal background check or has lived continuously in the State of Arkansas for the previous five (5) years, the bureau shall conduct only a state criminal history check on the applicant. (c) (1) Upon completion of a criminal history check on an employee, the bureau shall issue a report to the state agency. (2) (A) The state agency shall determine whether the employee is disqualified from employment under subsection (f) of this section. (B) If the state agency determines that an employee is disqualified from employment, then the state agency shall discharge the employee. (d) If a national criminal history check is required under this section, the criminal history check shall conform to the applicable federal standards and shall include the taking of fingerprints. (e) A state agency shall inform all employees in designated financial or information technology positions that: (1) Continued employment is contingent upon the results of a criminal history check; and (2) The employee has the right to obtain a copy of his or her criminal history report from the bureau. (f) An expunged record of a conviction or plea of guilty or nolo contendere to an offense listed in this subsection shall not be considered a conviction or plea of guilty or nolo contendere to the offense. A state agency shall discharge from employment an employee in a designated financial or information technology position who has pleaded guilty or nolo contendere to, or has been found guilty of, any of the following offenses by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court unless the conviction was vacated or reversed: (1) Robbery, as prohibited in § 5-12-102 ; (2) Aggravated robbery, as prohibited in § 5-12-103 ; (3) Soliciting money or property from incompetents, as prohibited in § 5-27-229 ; (4) Theft of property, as prohibited in § 5-36-103 ; (5) Theft by receiving, as prohibited in § 5-36-106 ; (6) Theft of property lost, mislaid, or delivered by mistake, as prohibited in § 5-36-105 ; (7) Theft of leased, rented, or entrusted personal property, as prohibited in § 5-36-115 ; (8) Shoplifting, as prohibited in § 5-36-116 ; (9) Embezzlement by officer or employee of certain institutions, as prohibited in § 5-36-118 [repealed]; (10) Theft of public benefits, as prohibited in § 5-36-202 ; (11) Theft of wireless service, as prohibited in § 5-36-303 ; (12) Facilitating theft of wireless service by manufacture, distribution, or possession of devices for theft of wireless services, as prohibited in § 5-36-304 ; (13) Any offense involving theft detection devices, as prohibited in §§ 5-36-401 - 5-36-405 ; (14) Forgery, as prohibited in § 5-37-201 ; (15) Falsifying business records, as prohibited in § 5-37-202 ; (16) Defrauding secured creditors, as prohibited in § 5-37-203 ; (17) Fraud in insolvency, as prohibited in § 5-37-204 ; (18) Issuing a false financial statement, as prohibited in § 5-37-205 ; (19) Receiving deposits in a failing financial institution, as prohibited in § 5-37-206 ; (20) Fraudulent use of a credit card or debit card, as prohibited in § 5-37-207 ; (21) Criminal impersonation, as prohibited in § 5-37-208 ; (22) Criminal possession of a forgery device, as prohibited in § 5-37-209 ; (23) Obtaining signature by deception, as prohibited in § 5-37-210 ; (24) Defrauding judgment creditors, as prohibited in § 5-37-211 ; (25) Unlawfully using slugs, as prohibited in § 5-37-212 ; (26) Criminal simulation, as prohibited in § 5-37-213 ; (27) Use of false transcript, diploma, or grade report from postsecondary educational institution, as prohibited in § 5-37-225 ; (28) Financial identity fraud, as prohibited in § 5-37-227 ; (29) Any offense violating the Arkansas Hot Check Law, as prohibited in § 5-37-301 et seq.; (30) Theft of communication services, as prohibited in § 5-37-402 ; (31) Criminal mischief in the first degree, as prohibited in § 5-38-203 ; (32) Residential or commercial burglary, as prohibited in § 5-39-201 ; (33) Breaking or entering, as prohibited in § 5-39-202 ; (34) Computer fraud, as prohibited in § 5-41-103 ; (35) Computer trespass, as prohibited in § 5-41-104 ; (36) Any offense involving computer crime, as prohibited in §§ 5-41-201 - 5-41-206 ; (37) Criminal use of property or laundering criminal proceeds, as prohibited in § 5-42-204 ; (38) Any offense involving corruption in public office, as prohibited in §§ 5-52-101 - 5-52-108 ; (39) Tampering with a public record, as prohibited in § 5-54-121 ; (40) Criminal acts constituting Medicaid fraud, as prohibited in § 5-55-111 ; (41) Any offense involving illegal food coupons, as prohibited in §§ 5-55-201 - 5-55-205 ; (42) Engaging in a continuing criminal gang, organization, or enterprise, as prohibited in § 5-74-104 ; or (43) Criminal attempt, criminal complicity, criminal solicitation, or criminal conspiracy, as prohibited in §§ 5-3-201 , 5-3-202 , 5-3-301 , and 5-3-401 , to commit any of the offenses listed in this subsection.

Legislative History

Acts 2005, No. 1422, § 3; 2007, No. 991, § 8; 2009, No. 252, § 5.