Arkansas ban-the-box rules (2026): no state law, the limit on city ordinances, and sealed records

Arkansas has no statewide ban-the-box law for private employers as of October 2026: no statute limits when a private company may ask about criminal history, and we could not confirm a statewide rule for state agency applications either. Cities are limited too: Act 137 of 2015 (Arkansas Code 14-1-403) bars local rules that create a protected classification not found in state law, except rules for a local government's own employees. What Arkansas does regulate is the record itself: sealed records may be denied, and State Police checks need the candidate's signed consent.

Does Arkansas have a ban-the-box law for private employers?

No. We found no Arkansas statute that restricts when a private employer may ask about arrests or convictions, and this site's Arkansas background check laws and hiring employees in Arkansas pages reach the same conclusion. Under state law, a private Arkansas employer may ask on the application, in a screen or at interview. We did not come across a 2025 or 2026 bill that would change that, though we could not run a full search of the General Assembly's bill records for this page.

The absence of a rule is not the same as permission to use any record for any reason. Federal Title VII governs how records are used, and the FCRA governs reports from screening companies; both are covered below.

Can Arkansas cities adopt their own ban-the-box rules?

For private employers, they face a state law in the way. The Intrastate Commerce Improvement Act, Act 137 of 2015, codified at Arkansas Code 14-1-403, says a county, municipality or other political subdivision "shall not adopt or enforce an ordinance, resolution, rule, or policy that creates a protected classification or prohibits discrimination on a basis not contained in state law." We did not find an Arkansas statute that makes criminal history a protected basis, so a city ordinance barring private employers from discriminating against people with records would likely conflict with that section.

The same statute leaves a door open: it "does not apply to a rule or policy that pertains only to the employees of a county, municipality, or other political subdivision." A city or county may therefore decide how it treats criminal history in its own hiring. We did not review the personnel policies of Little Rock, Fort Smith, Fayetteville, Springdale, Jonesboro or other cities, so when a client is a local government, ask what its own application does.

Is there a rule for Arkansas state agency jobs?

We could not confirm one. We did not find a statute or a governor's order setting a statewide ban-the-box rule for Arkansas state agency applications, but we did not review every executive order or each agency's hiring policy. Many state jobs carry their own mandatory checks, especially in care settings, schools and law enforcement, which our Arkansas background check page lists. If you recruit for a state agency, ask the agency whether its application asks about convictions and at what stage it runs checks.

What can an Arkansas applicant deny?

Sealed records. Arkansas uses sealing rather than expungement, under the Comprehensive Criminal Record Sealing Act of 2013, Act 1460 of 2013. As enacted, Arkansas Code 16-90-1417(b)(1) says that once the uniform order is entered, "the person's underlying conduct shall be deemed as a matter of law never to have occurred, and the person may state that the underlying conduct did not occur and that a record of the person that was sealed does not exist."

For recruiters, that means a candidate who says "no" to a conviction question about a sealed matter is answering lawfully. If a sealed case later turns up in an old court index or a private database, it is not evidence the candidate lied. Write the client's conviction question so it says sealed records need not be disclosed.

Which rules apply in Arkansas?

What federal rules still apply in Arkansas?

Title VII still governs how records are used. The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026, effective immediately. Its announcement says the rescission does not require employers to abandon lawful practices they adopted in response to the guidance, and that Title VII "continues to prohibit discrimination based on race or national origin." The disparate impact provision, 42 U.S.C. 2000e-2(k), is unchanged, and courts decide those claims. The Green factors come from an Eighth Circuit case, and Arkansas sits in the Eighth Circuit: Green v. Missouri Pacific Railroad Co. (1975) weighed the nature and gravity of the offense, the time since it, and the nature of the job. Using those three factors is still a sound way to make and document a decision.

Federal contractors have a firmer rule. Under 41 U.S.C. 4714, a contractor may not request criminal history record information from an applicant for a position related to a federal contract before a conditional offer, unless another law requires it or the work involves classified information or sensitive law enforcement or national security duties.

What about Arkansas employers hiring in neighboring states?

Ban-the-box laws generally attach to where the job is, and each sets its own coverage test. Arkansas employers with roles in Kansas City, Missouri meet a city ordinance that reaches private employers; see Missouri ban-the-box rules. Neighboring Oklahoma, like Arkansas, has no private-employer law; see Oklahoma ban-the-box rules.

What should recruiters and staffing agencies do in Arkansas?

With no state timing rule, the protection is a consistent process. Asking some candidates and not others, or recording a volunteered record in screen notes, creates the evidence a discrimination claim needs. Most desks keep the question out of screens and submittals and let the client handle records in its background stage, after an offer where possible. Settle at intake:

• Is the client a private employer, a city or county, a state agency or a federal contractor?
• Does a law disqualify people with specific convictions from this job, or require a check? Which law?
• Does the client's conviction question tell applicants sealed records need not be disclosed?
• Who collects the signed consent for a State Police check, who orders any screening report, and who sends the FCRA notices?
• Is your agency set up correctly in Arkansas? See Arkansas staffing agency licensing.

A script for Arkansas screens

Candidate volunteers a conviction: "Thanks for telling me. That isn't part of my screen and I won't note it. If the employer runs a background check, it's a separate step later."

Candidate asks about a sealed case: "Under Arkansas law, a sealed record is treated as if it never happened. You can answer on that basis."

Client asks for a "no felons" line: "Arkansas doesn't forbid it, but federal law still asks whether a blanket rule fits the job. If a law disqualifies people for this role, let's name it; otherwise let's leave records to your background stage."

An Arkansas checklist for recruiting desks

1. Record the client type and any law that disqualifies or requires a check for the job.
2. Apply the conditional offer rule to federal contract roles.
3. Never ask about sealed records; make application wording say so.
4. Keep volunteered details out of notes. See what not to write in interview notes.
5. Get signed consent before any State Police check, and route screening reports through the FCRA steps.
6. For the national picture and scripts for stricter states, see ban-the-box laws and interview questions.