§ 12-12-1013 - Right of review and challenge. - Arkansas Statutes

12-12-1013. Right of review and challenge.

(a) (1) A person, upon positive verification of his or her identity, may review criminal history information pertaining to the person compiled and maintained by the Identification Bureau of the Department of Arkansas State Police or the central repository and may challenge the completeness or accuracy of the information.

(2) (A) The criminal history information may be reviewed only by the person or the person's attorney or other designee authorized in writing by the subject.

(B) A copy of criminal history information maintained in the Arkansas Crime Information Center on the person may be made available to the person or the person's attorney or other designee authorized in writing by the person.

(C) A request for a copy of any criminal history information maintained in the National Crime Information Center shall be addressed to the Federal Bureau of Investigation.

(b) If the person, after appropriate review, believes that the criminal history information is incorrect or incomplete in any way, he or she may request an examination and correction of the criminal history information by the agency responsible for the criminal history information.

(c) (1) If it is determined as a result of the challenge that the criminal history information is inaccurate, incomplete, or improperly maintained, the criminal history information shall be appropriately corrected.

(2) Immediately after correction under subdivision (c)(1) of this section, the agency responsible for the criminal history information shall notify every agency or person known to have received the criminal history information within the previous one-year period and provide the agency or person with corrected criminal history information.

(3) A person whose criminal history information has been corrected may ascertain the names of those agencies or individuals known to have received the previously incorrect criminal history information.

(d) (1) (A) Criminal history information that was recorded before August 13, 1993, is subject to the right of review and challenge in accordance with this section.

(B) However, the duty of an agency in searching for criminal history information under subdivision (d)(1)(A) of this section is to make a reasonable search for criminal history information.

(2) An agency does not have a duty under subdivision (d)(1)(A) of this section to provide access to that segment of criminal history information that cannot be located after a reasonable search.

(e) The right of a person to review his or her criminal history information shall not be used by a prospective employer or another person as a means to circumvent procedures or fees for accessing records for noncriminal justice purposes.