Central Registry/Reporting Records Expungement Arkansas
Classification
Unsubstantiated
Expunged/Sealed
Not included in the registry.
Conditions/Comments
Not addressed in statutes reviewed.
Classification
True
Expunged/Sealed
Expunged after 1 year.
Conditions/Comments
No subsequent reports.
On those types of maltreatment specified in Department policy.
Classification
True
Expunged/Sealed
Offender may request removal from registry.
Conditions/Comments
No subsequent reports of that type for 5 years.
Full Text of Statute
Ark. Code Ann. § 12-12-505(b)(1)(A)(iii)-(iv), (b)(1)(B), (b)(2)(B) (WESTLAW through Ark. 2003 Legis. Serv., Act 758)
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 the offender from the central registry. If an offender has been entered into the central registry as an offender for these named types of child maltreatment, the offender's name shall be removed from the central registry on reports of this type of child maltreatment when the offender has not had a subsequent true report of this type for one year and more than one year has lapsed since the closure of any protective services or foster care case opened as a result of this report.
The department 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 central registry. If an offender has been entered into the central registry as an offender for these named types of child maltreatment, the offender may petition the department requesting that the offender's name be removed from the central registry when the offender has not had a subsequent true report for this type for 5 years and more than 5 years have elapsed since the closure of any protective services or foster care case opened as a result of this report. The department shall develop policy and procedures to assist it in determining whether or not to remove the offender's name from the central registry. If the department denies the request for removal of the name from the central registry, the offender may request an administrative hearing within 30 days from receipt of the department's decision.
Records of all cases where allegations are determined to be unsubstantiated shall not be included in the central registry. Hard copy records of unsubstantiated
