§ 20-38-105 - Disqualification from employment -- Denial or revocation -- Penalties. - Arkansas Statutes

20-38-105. Disqualification from employment -- Denial or revocation -- Penalties.

(a) (1) Except as provided in subsection (d) of this section, the licensing or certifying agency shall issue a determination that a person is disqualified as a service provider, operator, or from employment with a service provider if the person has pleaded guilty or nolo contendere to or has been found guilty of:

(A) Any of the offenses listed in subsection (b) of this section by any court in the State of Arkansas;

(B) Any similar offense by a court in another state; or

(C) Any similar offense by a federal court.

(2) Except as provided in subsection (d) of this section, a service provider shall not knowingly employ a person and the licensing or certifying agency shall not knowingly contract with, license, exempt from licensure, certify, or otherwise authorize a person to be a service provider if the person has pleaded guilty or nolo contendere to or has been found guilty of:

(A) Any of the offenses listed in subsection (b) of this section by any court in the State of Arkansas;

(B) Any similar offense by a court in another state; or

(C) Any similar offense by a federal court.

(b) As used in this section, the following criminal offenses apply to this section:

(1) Criminal attempt, 5-3-201, criminal complicity, 5-3-202, criminal solicitation, 5-3-301, or criminal conspiracy, 5-3-401;

(2) Capital murder, 5-10-101;

(3) Murder, 5-10-102 and 5-10-103;

(4) Manslaughter, 5-10-104;

(5) Negligent homicide, 5-10-105;

(6) Kidnapping, 5-11-102;

(7) False imprisonment in the first degree, 5-11-103;

(8) Permanent detention or restraint, 5-11-106;

(9) Robbery, 5-12-102 and 5-12-103;

(10) Battery, 5-13-201 and 5-13-202;

(11) Assault, 5-13-204 and 5-13-206;

(12) Coercion, 5-13-208;

(13) Introduction of controlled substance into body of another person, 5-13-210;

(14) Terroristic threatening, 5-13-301;

(15) Terroristic act, 5-13-310;

(16) Any sexual offense, 5-14-101 et seq.;

(17) Voyeurism, 5-16-102;

(18) Death threats concerning a school employee or student, 5-17-101;

(19) Incest, 5-26-202;

(20) Domestic battery, 5-26-303 -- 5-26-306;

(21) Interference with visitation, 5-26-501;

(22) Interference with court-ordered custody, 5-26-502;

(23) Endangering the welfare of an incompetent person, 5-27-201 and 5-27-202;

(24) Endangering the welfare of a minor, 5-27-205 and 5-27-206;

(25) Contributing to the delinquency of a minor, 5-27-209;

(26) Contributing to the delinquency of a juvenile, 5-27-220;

(27) Permitting abuse of a minor, 5-27-221;

(28) Soliciting money or property from incompetents, 5-27-229;

(29) Engaging children in sexually explicit conduct for use in visual or print media, 5-27-303;

(30) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, 5-27-304;

(31) Transportation of minors for prohibited sexual conduct, 5-27-305;

(32) Employing or consenting to the use of a child in a sexual performance, 5-27-402;

(33) Producing, directing, or promoting a sexual performance by a child, 5-27-403;

(34) Computer crimes against minors, 5-27-601 et seq.;

(35) Felony abuse of an endangered or impaired person, 5-28-103;

(36) Theft of property, 5-36-103;

(37) Theft of services, 5-36-104;

(38) Theft by receiving, 5-36-106;

(39) Forgery, 5-37-201;

(40) Criminal impersonation, 5-37-208;

(41) Financial identity fraud, 5-37-227;

(42) Arson, 5-38-301;

(43) Burglary, 5-39-201;

(44) Breaking or entering, 5-39-202;

(45) Resisting arrest, 5-54-103;

(46) Felony interference with a law enforcement officer, 5-54-104;

(47) Cruelty to animals, 5-62-101;

(48) Felony violation of the Uniform Controlled Substances Act, 5-64-101 -- 5-64-508;

(49) Public display of obscenity, 5-68-205;

(50) Promoting obscene materials, 5-68-303;

(51) Promoting obscene performance, 5-68-304;

(52) Obscene performance at a live public show, 5-68-305;

(53) Prostitution, 5-70-102;

(54) Patronizing a prostitute, 5-70-103;

(55) Promotion of prostitution, 5-70-104-5-70-106;

(56) Stalking, 5-71-229;

(57) Criminal use of a prohibited weapon, 5-73-104;

(58) Simultaneous possession of drugs and firearms, 5-74-106; and

(59) Unlawful discharge of a firearm from a vehicle, 5-74-107.

(c) (1) The provisions of this subsection (c) shall not be waived by the licensing or certifying agency.

(2) Because of the serious nature of the offenses and the close relationship to the type of work that is to be performed, a conviction or plea of guilty or nolo contendere for any of the offenses listed in this subsection (c), whether or not the record of the offense is expunged, pardoned, or otherwise sealed, shall result in permanent disqualification from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider and is not subject to subsection (d) of this section:

(A) Any of the following offenses by any court in the State of Arkansas;

(i) Capital murder, 5-10-101;

(ii) Murder in the first degree, 5-10-102;

(iii) Murder in the second degree, 5-10-103;

(iv) Kidnapping, 5-11-102;

(v) Rape, 5-14-103;

(vi) Sexual assault in the first degree, 5-14-124;

(vii) Sexual assault in the second degree, 5-14-125;

(viii) Endangering the welfare of an incompetent person in the first degree, 5-27-201;

(ix) Abuse of an endangered or impaired person, 5-28-103, if it is a felony; and

(x) Arson, 5-38-301;

(B) Any similar offense by a court in another state; or

(C) Any similar offense by a federal court.

(3) For purposes of licensure as a child care facility, exemption from licensure as a church-exempt child care facility, or employment with a child care facility or church-exempt child care facility, a conviction or plea of guilty or nolo contendere for any offense that involves violence or a sexual act, whether or not the record of the offense is expunged, pardoned, or otherwise sealed, may result in permanent disqualification from licensure as a child care facility, exemption from licensure as a church-exempt child care facility, or employment with a child care facility or church-exempt child care facility and may not be subject to subsection (d) of this section.

(d) (1) This section shall not disqualify a person from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider if:

(A) The conviction or plea of guilty or nolo contendere was for a misdemeanor offense;

(B) The date of the conviction or plea of guilty or nolo contendere is at least five (5) years from the date of the request for the criminal history records check;

(C) The person has no criminal convictions or pleas of guilty or nolo contendere of any type or nature during the five-year period preceding the background check request; and

(D) The person has completed the person's term of confinement, probation, or parole related to the conviction or plea of guilty or nolo contendere.

(2) This section shall not disqualify a person from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider if:

(A) The conviction or plea of guilty or nolo contendere was for a felony offense;

(B) The date of the conviction or plea of guilty or nolo contendere is at least ten (10) years from the date of the background check request;

(C) The individual has no criminal convictions or pleas of guilty or nolo contendere of any type or nature during the ten-year period preceding the request for a criminal history records; and

(D) The person has completed the person's term of confinement, probation, or parole related to the conviction or plea of guilty or nolo contendere.

(e) A person shall not be disqualified from employment with a service provider or licensure, exemption from licensure, certification, or other operating authority as a service provider if the person has been found guilty of or has pleaded guilty or nolo contendere to a misdemeanor offense not listed in subsection (b) of this section, a similar misdemeanor offense in another state, or a similar federal misdemeanor offense.