Review and Expunction of Central Registries and Reporting Records - Arkansas

Right of the Reported Person to Review and Challenge Records
Citation: Ann. Code § 12-18-908

The Department of Human Services shall identify in its policy and procedures manual the types of child maltreatment for which an offender can request that the offender's name be removed from the registry. If an offender has been entered into the registry as an offender for any of these types of child maltreatment, the offender may petition the department to request that their name be removed from the registry if they have not had a subsequent true report of this type for 1 year and if more than 1 year has passed since the offender's name was placed on the registry.

If the department denies the request for removal of the name from the registry, the offender shall wait 1 year from the date of the request before filing a new petition with the department. The department shall develop policy and procedures to assist it in determining whether to remove the offender's name from the registry.

If the department denies the second request for removal of the name from the registry, the offender may request an administrative hearing within 30 days from receipt of the department's decision. The standard on review for the administrative hearing shall be whether the department abused its discretion.

At least 10 days prior to the administrative hearing, the alleged offender and the department shall share any information with the other party that the party intends to introduce into evidence at the administrative hearing that is not contained in the record. If a party fails to timely share information, the administrative law judge shall do the following:

•    Grant a continuance
•    Allow the record to remain open for submission of rebuttal evidence
•    Reject the information as not relevant to the rehabilitation or the incident of child maltreatment

When Records Must Be Expunged
Citation: Ann. Code § 12-18-908

An adult offender shall permanently remain on the Child Maltreatment Central Registry if the following apply:

• The adult offender is convicted of a criminal offense for an act or omission that constitutes child maltreatment and for which the adult offender is named in the registry regardless of any subsequent expungement of the criminal offense from the adult offender's criminal record.
• The adult offender's conviction for the previously described criminal offense has not been reversed or vacated.
• The adult offender's name is placed on the registry for severe maltreatment.

The department shall identify in its policy and procedures manual the types of child maltreatment that will automatically result in the removal of the name of an offender from the registry. If an adult offender has been entered into the registry, the offender's name shall be removed from the registry when the offender has not had a subsequent true report of this type for 1 year and if more than 1 year has elapsed since the offender's name was placed in the registry.

Notwithstanding the foregoing provisions, regarding offenders who were juveniles at the time of the act or omission that resulted in a true finding of child maltreatment, the department shall do the following:

• Not remove the offender's name from the registry if the following apply:
  • The offender is convicted of a felony as an adult for an act or omission that is the same act or omission for which the offender is named in the registry regardless of any subsequent expungement of the felony from the offender's criminal record.
  • The offender's conviction for the previously described felony has not been reversed or vacated.
  • The offender's name is placed in the registry for severe maltreatment.
• Remove the offender's name from the registry if the following apply:
  • The juvenile has reached age 18 or more than 1 year has passed from the date of the act or omission that caused the true finding of child maltreatment and there have been no subsequent acts or omissions resulting in a true finding of child maltreatment.
  • The offender can prove by a preponderance of the evidence that they have been rehabilitated.