Arkansas Employment Screening Overview
Arkansas is relatively employer-friendly for background screening, with no statewide ban-the-box law for private employers, no salary history ban, and no restrictions on credit checks beyond federal requirements.
However, the state has detailed drug testing rules under its voluntary drug-free workplace program, medical marijuana protections requiring more than just a positive test for adverse action, and state government positions must use E-Verify—federal requirements and local ordinances in places like Little Rock and Pulaski County may still apply.
What's Permitted
- Private employers generally permitted to ask about salary history
- Private employers may conduct credit checks following federal FCRA rules
- Drug testing permitted under voluntary drug-free workplace program with notice
- State entities required to use E-Verify for new hires since January 1, 2026 (Act 948/HB1974)
What's Prohibited
- Requiring employees or applicants to pay for employer-mandated drug tests
- Using point-of-collection instant drug testing under voluntary drug-free workplace programs
- Taking adverse action based solely on unconfirmed drug test results
- Asking about or considering sealed or expunged criminal records in hiring
Ban the Box Laws
Public Employers OnlyStatus Summary
Arkansas has no statewide Ban the Box for private employers. State agencies follow a 2016 executive order delaying inquiries. Pulaski County and Pine Bluff apply Ban the Box to public hiring (https://www.cityofpinebluff-ar.gov/plugins/show_im... Federal contractors follow the Fair Chance Act (https://www.gsa.gov/about-us/find-apply-for-and-la...
Key Requirements
Fair Chance to Compete for Jobs Act (Federal)
Applies to federal agencies and contractors: https://www.congress.gov/bill/116th-congress/house...
- No criminal-history on initial applications
- Inquiry allowed after conditional job offer
- Applies to federal contractors and agencies
- Enforced by federal agencies; penalties possible
Arkansas state executive order (2016)
Delays criminal-history questions for state jobs: https://dws.arkansas.gov/wp-content/uploads/Execut...
- State agencies delay criminal-history inquiries
- Background checks after interview or offer
- Applies to most executive-branch positions
- EO number unclear in sources
AR Code § 20-38-101 et seq. (Home health, hospice)
Requires checks for caregiving providers: https://healthy.arkansas.gov/wp-content/uploads/Cr...
- Checks required for home health and hospice
- Employment contingent on satisfactory results
- State-only or state+FBI checks rules
- Disqualifying convictions may bar employment
AR Code § 21-15-102 (State roles with vulnerable persons)
Background checks for positions with minors/vulnerable adults: https://doc.arkansas.gov/wp-content/uploads/2022/0...
- Checks after intent to offer employment
- Applies to child and vulnerable adult contact
- Continued employment contingent on checks
ADWS criminal-background policy
Workforce-services requirements for applicants and employees: https://dws.arkansas.gov/wp-content/uploads/ADWS-P...
- State criminal checks for all applicants
- FTI access requires federal fingerprint checks
- Disqualifications for felonies and certain misdemeanors
- Exemptions possible per agency rules
Pulaski County Ordinance 16‑I‑29A (Pulaski County)
Ban the Box for county public employers: https://dws.arkansas.gov/workforce-services/news-i...
- No criminal questions on initial applications
- Checks after qualification and recommendation
- Exceptions for law enforcement and vulnerable services
- Applicants receive results and appeal rights
Pine Bluff Ban the Box ordinance (City of Pine Bluff)
Removes criminal-history questions for city jobs: https://www.cityofpinebluff-ar.gov/plugins/show_im...
- No criminal questions on city applications
- Certain safety/vulnerable roles excepted
- Timing of checks varies by position
- Applies to public employers only
Ban the Box Best Practices for Arkansas Employers
- Delay criminal-history questions until conditional job offer when possible
- Follow sector-specific rules for healthcare, childcare, long-term care
- Check local ordinances (Pulaski County, Pine Bluff) before screening
- Comply with federal contractor Fair Chance to Compete Act requirements
- Use job-related assessments; inform applicants and allow challenges
Salary History Ban
NoArkansas Code §11-3-204
Written-consent required for prior-employer disclosures:
- Written consent required for disclosures.
- Consent must be separate or prominently formatted.
- Applies only to third-party employer inquiries.
- Doesn't bar employers from direct applicant questions.
Source: https://humanservices.arkansas.gov/wp-content/uplo...
Arkansas Equal Pay Act (AR Code §11-4-601)
State equal-pay protections and remedies:
- Prohibits wage discrimination based on sex.
- Covers compensation after employment begins.
- Allows pay differences for experience and seniority.
- Violations may constitute Class C misdemeanors.
Source: https://sas.arkansas.gov/wp-content/uploads/17-Equ...
Federal Equal Pay Act / Title VII
Federal anti-discrimination obligations affecting pay:
- Prohibits sex-based compensation discrimination.
- Title VII bans discrimination across protected classes.
- EEOC enforces federal discrimination claims.
- Use of pay history may create liability.
Sources: https://pmc.ncbi.nlm.nih.gov/articles/PMC11226752/ | https://www.dol.gov/agencies/whd/minimum-wage/stat...
Arkansas — No statewide salary-history ban
Current legal status summary for Arkansas employers:
- No statewide prohibition on salary questions.
- Employers may ask and consider pay history.
- Prior employers need candidate written consent.
- Local municipalities have not enacted bans.
Sources: https://pmc.ncbi.nlm.nih.gov/articles/PMC11226752/ | https://www.littlerock.gov/media/24130/employee-ha...
Salary History Best Practices for Arkansas Employers
- No statewide ban—employers may ask applicants about pay
- Obtain written consent before requesting prior employers' wage information
- Consent must be separate or prominently formatted if in application
- Ensure compensation decisions comply with Equal Pay Act and Title VII
- Document applicant consent and any disclosed salary information
Consumer Credit Checks
NoNo confirmed Arkansas statewide restriction on employment credit checks (https://arkleg.state.ar.us/); employers must follow federal FCRA (https://www.ftc.gov/legal-library/browse/statutes/... Little Rock/Pulaski policies and conflicting sources suggest role‑based limits—verification needed (https://www.littlerock.gov/media/2241/background_q...
Key Requirements
Fair Credit Reporting Act (FCRA)
Federal baseline rules for employment credit checks:
- Written standalone notice required.
- Written authorization required beforehand.
- Pre-adverse notice before final decisions.
- Final adverse action with agency info.
- FTC enforcement; civil liability possible.
Sources: https://www.ftc.gov/legal-library/browse/statutes/... https://www.ftc.gov/business-guidance/resources/us...
Arkansas State Law Status
State-level restrictions on employment credit checks:
- No confirmed statewide prohibition found.
- Statutes lack comparable restrictions.
- DWS policy covers criminal checks only.
- Act 737 (2025) doesn't restrict credit checks.
Sources: https://arkleg.state.ar.us, https://dws.arkansas.gov/wp-content/uploads/ADWS-P...
Local Ordinances (Little Rock / Pulaski County)
Local government policies and reports:
- Little Rock uses credit authorization forms.
- No Little Rock prohibition identified.
- Some local ban-the-box claims conflict.
- Municipal docs follow FCRA procedures.
Sources: https://www.littlerock.gov/media/2241/background_q... https://www.littlerock.gov/media/3977/background-q... https://www.littlerock.gov/media/21464/2024-admin-...
Unverified or Conflicting Claims
Areas requiring further verification:
- Claim of financial-role restriction unverified.
- Statewide ban-the-box existence uncertain.
- Conflicting sources require further verification.
- Definitive statewide rule: unknown.
Sources: https://arkleg.state.ar.us, https://www.ftc.gov/legal-library/browse/statutes/...
Credit Check Best Practices for Arkansas Employers
- Comply with FCRA: written notice and authorization required.
- Provide pre‑adverse and adverse action notices when applicable.
- Document FCRA compliance and consent for each applicant.
- Consider limiting checks to finance or sensitive financial roles.
- Sources conflict; confirm current Arkansas law before relying.
Marijuana Protection
Medicinal Marijuana
Medical marijuana cardholders cannot be discriminated against solely for qualifying‑patient status; employers may enforce drug‑free policies, exclude from safety‑sensitive roles, or act on a good‑faith belief of workplace use—positive tests alone are insufficient (Amendment 98; Act 593).
Recreational Marijuana
Recreational marijuana is illegal in Arkansas; there are no employment protections for recreational use—employers may discipline or test under drug‑free workplace rules and state statutes (A.C.A. §11‑3‑203; A.C.A. ch.11‑14).
Drug Testing Regulations
A.C.A. §11‑3‑203 requires employers to pay for required drug/medical tests; voluntary A.C.A. ch.11‑14 drug‑free program grants a 5% WC credit (notice, education, certified labs, MRO confirmation); Amendment 98 bars discrimination for medical‑marijuana status but permits action for good‑faith workplace use.
Permitted Testing Types
Pre-Employment
Allowed after conditional offer; employer must provide and pay
Random Testing
Allowed as nondiscriminatory routine testing of classifications; public limits
Reasonable Suspicion
Allowed—requires documented observations; alcohol testing within eight hours
Post Accident
Allowed—required after accidents; alcohol within eight hours, drugs thirty-two hours
Workers' Compensation Discount
Employers who implement the state's voluntary drug-free workplace program receive a five percent workers' compensation premium credit.
Eligibility requires written policy, notice, education, certified labs, MRO-confirmation, and state program certification.
Best Practices
- Provide and pay for all employer-required drug tests.
- Maintain written policy, 60‑day notice, and supervisor training.
- Use state‑approved certified labs; require MRO confirmation.
- Prohibit point-of-collection instant tests in voluntary programs.
- After confirmed positive, written agreement may shift future test costs.
Clean Slate Laws
NoArkansas uses the petition‑based Comprehensive Criminal Record Sealing Act (Act 1460, 2013): sealing (not destruction); convictions eligible only after sentence completion; many misdemeanors immediately sealable; significant exclusions and limited employer access; ACIC updates within 30 days. https://doc.arkansas.gov/wp-content/uploads/2020/0...
E-Verify Requirements
VoluntaryWho Must Use E-Verify
Private Employers [No Arkansas statute; Act 948 (HB1974) applies only to state entities]
Not required by Arkansas law; private employers may use E-Verify voluntarily. Act 948 applies only to state entities.
Federal Contractors [Federal contractor E-Verify requirement; see federal guidance / S.4529 (proposed)]
Qualifying federal contractors performing covered contracts generally must use E-Verify under federal contractor requirements; see federal legislative context.
Any other relevant groups [State entities — Act 948 (HB1974)]
State entities must register for and use E-Verify for all new hires; Act 948 prohibits employing unauthorized aliens and is effective January 1, 2026.
Background Check Regulations
Federal FCRA rules govern employer use of consumer reports, while Arkansas law and state agency procedures add separate limits and processes for criminal-record checks; employers must comply with both federal disclosure and consent requirements and applicable Arkansas statutes and state background-check procedures.
FCRA Compliance Process
Disclosure & Authorization
Provide clear, standalone written disclosure that a background check will be conducted. Obtain separate written authorization from the applicant before ordering the report.
Obtain Background Report
Order the background check from a Consumer Reporting Agency (CRA). Ensure the CRA is FCRA-compliant and provides accurate, up-to-date information.
Pre-Adverse Action Notice
If considering denying employment based on the report, provide the applicant with:
- Copy of the background report
- Copy of "A Summary of Your Rights Under the FCRA"
- Reasonable time to respond (typically 5 business days)
Adverse Action Notice
If final decision is made to deny employment, provide written notice including:
- Name, address, and phone number of the CRA
- Statement that the CRA did not make the decision
- Notice of right to dispute report accuracy
- Notice of right to request additional free copy within 60 days
Additional Resources & Compliance Updates
Official State Resources
- Arkansas Department of Labor and Licensing
- Arkansas Labor Laws and Rules
- Arkansas Code Title 11 - Labor and Industrial Rela...
- Arkansas Code § 25-1-123 - Criminal Background Che...
- Arkansas Division of Workforce Services - Equal Op...
- Arkansas Department of Public Safety - Criminal Hi...
- Arkansas Law Help - Employment Background Checks