Arkansas Code Title 4. Business and Commercial Law § 4-75-103. Posting incorrect background information about person

(1) “Background and criminal history information” means a record for an individual consisting of names, identification data, notations of arrests, detentions, any indictments, any filed criminal informations, or other formal criminal charges obtained from criminal justice agencies, including any dispositions of the charges, as well as notations on correctional supervision and release; and

(b)(1) A person may request the removal of his or her background and criminal history information from a commercial website by submitting to the owner or operator of the commercial website a written request to remove his or her background and criminal history information from the commercial website.

(2) The written request submitted under subdivision (b)(1) of this section shall include the full name, date of birth, and state of residence of the person submitting the request for the removal of his or her background and criminal history information from the commercial website.

(c)(1) A commercial website that is publicly accessible within this state is subject to this section.

(3) The person responsible for removing the background and criminal history information of the person from the commercial website shall:

(d)(1) A person who is adversely affected, is denied employment, or is terminated from employment by an entity due in whole or in part to information provided by a commercial website that posts or posted the person's background and criminal history information may request in writing from the entity that took adverse action against, denied employment to, or terminated employment with the person the name and contact information of the commercial website that provided the person's background and criminal history information to the entity.

(2) The written request submitted under subdivision (d)(1) of this section shall be complied with no later than five (5) business days after receipt of the written request.

(e)(1) An owner or operator of a commercial website that knowingly fails or refuses to remove the background and criminal history information upon the person's request is liable to the person if the person shows by a preponderance of the evidence that the owner or operator of the commercial website knew or should have known that the background and criminal history information about the person was either incorrect or inaccurate.

(2) A civil action under this section is separate and distinct from a defamation or common law false light claim.

(3) Remedies available to the person bringing a civil action under this section include compensatory damages, attorney's fees, costs of litigation, and punitive damages.

(4) Punitive damages under this subsection shall be set at a minimum of one thousand dollars ($1,000) per day for each day that the owner or operator of a commercial website fails to remove the background or criminal history information after the five-day period described in subdivision (c)(3)(A) of this section.