§ 17-42-315 - Criminal background check.
17-42-315. Criminal background check.
(a) (1) Beginning January 1, 2006, the Arkansas Real Estate Commission may require each original applicant for a license issued by the commission to apply to the Identification Bureau of the Department of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau of the Department of Arkansas State Police and the Federal Bureau of Investigation.
(2) (A) An applicant may sit for the examination required by 17-42-302(a)(4) while awaiting the results of a background check prescribed by this section.
(B) No license shall be issued to an applicant until the commission receives and approves the state and federal criminal background check.
(b) The check shall conform to applicable federal standards and shall include the taking of fingerprints.
(c) The applicant shall sign a release of information to the commission and shall be responsible for the payment of any fee associated with the criminal background check.
(d) Upon completion of the criminal background check, the Identification Bureau of the Department of Arkansas State Police shall forward to the commission all releasable information obtained concerning the applicant.
(e) At the conclusion of any background check required by this section, the Identification Bureau of the Department of Arkansas State Police shall be allowed to retain the fingerprint card of the applicant until notified by the commission that the person is no longer licensed.
(f) Except as provided in subsection (g) of this section, a person shall not receive or hold a license issued by the commission if the person has been convicted of or pleaded guilty or nolo contendere to a felony or a crime involving moral turpitude, fraud, dishonesty, untruthfulness, or untrustworthiness.
(g) (1) The provisions of subsection (f) of this section may be waived by the commission upon the request of:
(A) An affected applicant for licensure; or
(B) The person holding a license subject to sanctions.
(2) Circumstances for which a waiver may be granted shall include, but not be limited to, the following:
(A) The age at which the crime was committed;
(B) The circumstances surrounding the crime;
(C) The length of time since the crime;
(D) Subsequent work history;
(E) Employment references;
(F) Character references; and
(G) Other evidence demonstrating that the applicant does not pose a threat to the public.
(h) (1) Any information received by the commission from the Identification Bureau of the Department of Arkansas State Police or the Federal Bureau of Investigation pursuant to this section shall not be available for examination except by the affected applicant for licensure or his or her authorized representative, or by the person whose license is subject to sanctions or his or her authorized representative.
(2) No record, file, or document shall be removed from the custody of the Department of Arkansas State Police.
(i) Any information made available to the affected applicant for licensure or the person whose license is subject to sanctions shall be information pertaining to that person only.
(j) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the background check.
(k) The commission may adopt rules and regulations to fully implement the provisions of this section.