ADE Director's Communication Memo Form


Memo Number : DIR-04-001

Date Created : 07/03/2003

Attention:

Superintendents
Co-op Directors

Type of Memo: Informational
Response Required: No
   
Section:   Central Administration - Dr. Woodrow Cummins
Subject:
Criminal Background Checks - Expungement Exception

Regulatory Authority:
Ark. Code Ann. 6-17-414(a)

Contact Person:
Scott Smith

Phone Number:
501-682-4227

E-mail:
dssmith@arkedu.k12.ar.us

The Arkansas State Police recently requested and received Attorney General Opinion 2003-057 to clarify issues regarding the release of expunged criminal conviction information for offenses that would disqualify a person from employment or licensure. The opinion was based on previous Attorney General Opinions 2002-141 and 99-237. A copy of Attorney General Opinion 2003-057 is attached for review.

Attorney General Opinion 2003-057 states that the legislature intended disqualifying offenses under statute to be an exception to the expungement law. A person may not clear a criminal history record of statutorily disqualifying criminal offense and then obtain employment or licensure. The legislature did not intend these offenses to be able to be expunged to override the disqualification provisions. If a disqualifying offense has been expunged, the offense will still be disclosed to the agency. Based on this opinion, State Police will be reviewing all non-criminal justice background requests for expungement information.

For questions or additional information, contact Scott Smith, Arkansas Department of Education, Attorney’s Office, at 501-682-4227.


Attachments:

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