CRIMINAL BACKGROUND CHECK INFORMATION


Please take a moment to read the below guidelines on background check requirements. If you have any questions, See The Last Two Pages

State Criminal History Check

A review of state criminal records conducted by the Identification Bureau of the Arkansas State Police. (Revised 1/2020).

List of Disqualifying Criminal Offenses

Below was taken from “Rules and Regulations for Conducting Criminal Record Checks” Arkansas Division of Provider Service & Quality Assurance/Workforce Assessment.

Post Office Box 8059, Little Rock, Arkansas 72203-8059

One of the Links below should take you to the Full Document.

Rules and Regulations for Conducting Criminal Record Checks for Employees of Long Term Care Facilities (R. 1/2020)

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&so...

201. Before making an offer of employment, the service provider shall inform an applicant that employment is contingent on the satisfactory results of criminal history record checks. Effective October 1, 1997, Long Term care facilities shall not knowingly employ or hire a person who has been found guilty or has pled guilty or nolo contendere, regardless whether the record of the offense is expunged, pardoned, or otherwise sealed, to any of the offenses listed below by any court in the State of Arkansas or any similar offense by a court in another state or of any similar offense by a Federal Court.

  1. Capital murder
  2. Murder in the first or second degree
  3. Manslaughter
  4. Negligent homicide
  5. Kidnapping
  6. False imprisonment in the first degree or second degree
  7. Permanent detention or restraint
  8. Robbery
  9. Aggravated robbery
  10. Battery in the first, second or third degree
  11. Aggravated assault, or assault in first, second, or third degree
  12. Introduction of controlled substance into body of another person
  13. Terroristic threatening in the first or second degree
  14. Rape
  15. Sexual assault in the first, second, third or fourth degree
  16. Sexual indecency with a child
  17. Violation of a minor in the first or second degree
  18. Incest
  19. Domestic Battery (all degrees)
  20. Endangering the welfare of incompetent person in the first or second degree
  21. Endangering the welfare of a minor in the first or second degree
  22. Permitting abuse of a minor
  23. Engaging children in sexually explicit conduct for use in visual or print media, transportation of minors for prohibited sexual conduct, or pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, or employing or consenting to the use of a child in a sexual performance by producing, directing, or promoting a sexual performance by a child
  24. Felony abuse of an endangered or impaired person
  25. Theft of property
  26. Theft by receiving
  27. Arson
  28. Burglary
  29. Felony violation of the Uniform Controlled Substances Act
  30. Prostitution, Patronizing a prostitute, or Promotion of prostitution (all degrees
  31. Stalking
  32. Criminal attempt, criminal complicity, criminal solicitation, or criminal conspiracy, to commit any of the offenses listed in this section.
  33. Forgery
  34. Breaking or entering
  35. Obtaining a controlled substance by fraud
  36. Computer child pornography or failure to report computer child pornography
  37. Computer exploitation of a child or distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child
  38. Coercion
  39. Terroristic ac
  40. Voyeurism
  41. Communicating death threat concerning a school employee or student
  42. Interference with visitation or interference with court-ordered custody
  43. Contributing to the delinquency of a minor or juvenile
  44. Soliciting money or property from incompetents
  45. Theft of services
  46. Criminal impersonation
  47. Financial identity fraud
  48. Resisting arrest
  49. Felony interference with a law enforcement officer
  50. Cruelty to animals, or aggravated cruelty to a dog, cat, or horse
  51. Public display of obscenity
  52. Promoting obscene materials, or Promoting obscene performance
  53. Obscene performance at a live public show
  54. Public sexual indecency
  55. Indecent exposure
  56. Bestiality
  57. Exposing another person to human immunodeficiency virus (HIV)
  58. Registered sex offenders
  59. Criminal use of a prohibited weapon
  60. Simultaneous possession of drugs and firearms
  61. Unlawful discharge of a firearm from a vehicle

201.1 Except as provided in Section 201.2 below, a conviction for an offense listed in Section 201 shall not disqualify an employee or applicant for employment if:

1. The conviction, or plea of nolo contendere or guilty, was a misdemeanor offense and the date of conviction, or plea of nolo contendere or guilty, of the offense is at least five (5) years from the date of the application for the criminal record check, and the person has no criminal convictions or pleas of guilty or nolo contendere of any type or nature during the five (5) year period preceding the record check; or

2. The conviction, or plea of nolo contendere or guilty, was a felony offense and the date of the conviction, or plea of nolo contendere or guilty, of the offense is at least ten (10) years from the date of the application for the criminal record check, and the person has no criminal convictions or pleas of guilty or nolo contendere of any type or nature during the ten (10) year period preceding the record check.

NOTE: The provisions in 201.1(1) and 201.1(2) shall be applied at the initial criminal record check performed by a service provider. A person who has previously been disqualified by the Office of Long Term Care, and for whom the time for disqualification has passed (five years for misdemeanors or ten years for felonies) may have the disqualification removed by having a new criminal record check conducted.

3. Even if a person would otherwise be disqualified under Section 201, a person shall not be disqualified if the person:

a. Was not disqualified on August 31, 2009; and

b. Has not been found guilty of or pleaded guilty or nolo contendere to any offense listed in Section 201, a similar offense in another state, or a similar federal offense.

201.2. Because of the serious nature of the offense and close relationship to the type of work that is to be performed, the following offenses by any court in the State of Arkansas or any similar offense by a court of another state or federal court, whether or not the record of the offense is expunged, pardoned, or otherwise sealed, shall result in permanent disqualification of employment:

  1. Capital murder
  2. Murder in the first or second degree
  3. Kidnapping
  4. Rape
  5. Sexual assault in the first or second degree
  6. Endangering the welfare of an incompetent person in the first degree
  7. Felony abuse of an endangered or impaired person
  8. Arson

203. Nursing assistant trainees shall be subject to a criminal record check under the following provisions:

1. Prior to a nursing home placing a person in a facility-based nursing assistant training program or sponsoring a person in a non-facility-based training program, the facility shall conduct a criminal record check on the person. This is based on the requirement that a job offer has been made to the person to be an employee of the facility, or an on-call employee of the facility and sponsored through an intent to employ by the nursing home.

2. Nursing assistants who have received training as an independent student and not connected to an employment offer as discussed in #1 above will be subject to a criminal record check at the time an employment offer has been made by any type of long term care facility

Note: The above requirements do not apply to independent (non-employment status) trainees performing clinical training in a long term care facility.

Clinical training does not involve the provision of “care” as that term is defined herein. Trainees, independent of an employment connection to a facility, are not required to have a criminal record check.

However, nursing assistant trainees who are employed while still in training and used in staffing by a facility to provide care are subject to a criminal record check.

205. Criminal record checks as required in these regulations shall include both a state and national record check.

A "State Only" criminal record check is allowed if the facility can verify the applicant has lived continuously in the State of Arkansas for the past five (5) years.

Note: Examples of evidence that can be used to verify the above may include, but not limited to, employment records, payroll check stubs, tax records, rent/house payment records, utility bills, school records, etc. Facilities shall maintain copies of such verification evidence in cases where a state only criminal record check was conducted.

If there are any questions, have a Long Term Care Facility, (Nursing Home), run a criminal background first.

Per OLTC policy, OLTC CANNOT issue any type of verbal determination, unless the individual’s results are in front of them. They most certainly CANNOT and will not issue a hypothetical determination based on a “what-if” scenario. OLTC does not have open access to view anyone’s criminal record. The only way OLTC can see the result, is after the individual has a background check ran through a Long Term Care Facility.

Therefore, (potential) students with questions please follow the steps below:

  • Read through the list of disqualifies.
  • Note that a misdemeanor holds a 5-year disqualification from testing and working in a Long Term Care Facility, while a felony has a 10 year disqualification period.
  • Additionally, any charges received AFTER the disqualifies will cause the 5/10 year period to start over, even if the 2nd charge is not a disqualifies.
  • Be Informed that all sealed, expunged, and governor-pardoned records are viewable to OLTC, (Office Of Long Term Care).
  • If a questions arises, you should go to a long term care facility,
    • Pay the fee, and
    • Have a background check ran.
    • Wait 2-3 business days AFTER the facility has ran the background check, and then contact OLTC at natpcertification@dhs.arkansas.gov
    • If the conviction occurred in another state, he/she will have to pay to have both the State and National Background Check ran. State results can be obtained within 2-3 business days.
    • Note: National results May take several months to return.

You should know, an individual Nursing Home, as any employer may choose not to allow a CNA Student to enter after preforming a CRC.

Even though the Student is allowed to take the Certification Test and if passed be Certified.

CNA Students may complete training but find the CRC Disqualifies them for Testing or Certification.