Arkansas Code Title 16. Practice, Procedure, and Courts § 16-90-1416. Release of sealed records

(a) The custodian of a sealed record shall not disclose the existence of the sealed record or release the sealed record except when requested by:

(1) The person whose record was sealed or the person's attorney when authorized in writing by the person;

(2) A criminal justice agency, as defined in § 12-12-1001 , and the request is accompanied by a statement that the request is being made in conjunction with:

(A) An application for employment with the criminal justice agency by the person whose record has been sealed;  or

(B) A criminal background check under the Polygraph Examiners Licensing Act, § 17-39-101 et seq. , or the Private Security Agency, Private Investigator, and School Security Licensing and Credentialing Act, § 17-40-101 et seq. ;

(3) A court, upon a showing of:

(A) A subsequent adjudication of guilt of the person whose record has been sealed;  or

(B) Another good reason shown to be in the interests of justice;

(4) A prosecuting attorney, and the request is accompanied by a statement that the request is being made for a criminal justice purpose;

(5) A state agency or board engaged in the licensing of healthcare professionals;

(6) The Arkansas Crime Information Center;  or

(7) The Arkansas Commission on Law Enforcement Standards and Training.

(b)(1) As used in this section, “custodian” does not mean the Arkansas Crime Information Center.

(2) Access to data maintained by the center shall be governed by § 12-12-1001 et seq.


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