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.
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.
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:
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:
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.