Arkansas

NOTE TO USER:

While every attempt has been made to ensure accuracy, local practices and procedures may vary.  We encourage every user to consult with an experienced juvenile justice practitioner in the jurisdiction to determine how best to proceed in any particular situation.  

 

 

Collateral Consequences in the State of Arkansas

            In Arkansas, the majority of juvenile records are sealed,[1] as the state’s law is broadly designed to protect juvenile confidentiality, and relatively few collateral consequences are likely to be forthcoming as a result of obtaining an ordinary juvenile record.  However, these protections do not extend in a similar manner to youths who are tried for offenses for which they could have been tried as adults or for those outside of the juvenile justice system.  For youths who could have been or later are tried as adults, records are not automatically sealed.[2]  Despite a generally robust juvenile record-sealing statutory regime, Arkansas does not have related statutory authority to notify juveniles or their families of the possible collateral consequences of their adjudications or convictions.      

            Arkansas has created a higher burden for prosecutors in order to try very young children as adults; by extension, the state manages to protect younger youths accused of serious offenses from potentially record-revealing adult prosecutions and convictions.[3]  For children under the age of thirteen charged with capital or first degree murder, the law removed the blanket prohibition of trying children under fourteen years of age as adults,[4] but requires prosecutors seeking adult criminal prosecutions of these children to overcome certain presumptions before they can be tried as adults.[5]

 

Understanding the State’s Justice System

             The circuit court’s juvenile division has exclusive original jurisdiction for most juvenile proceedings.[6]  Its jurisdiction encompasses youth from ten to eighteen years of age,[7] and the court may retain extended jurisdiction over youths up to age twenty-one if the juvenile committed the delinquent act prior to the age of eighteen.[8]  When a juvenile is adjudicated delinquent, the court is required to find that the juvenile committed an act that, if committed by an adult, would subject the adult to prosecution for a felony, misdemeanor, or violation under the applicable criminal laws, as well as any juvenile that is charged with capital murder or murder in the first degree and subject to extended juvenile jurisdiction.[9]

 

Notification of Collateral Consequences of Juvenile Records

            There is no statutory authority requiring judges, attorneys, or other court personnel to notify a juvenile of the collateral consequences of their adjudication.

 

Treatment of Juvenile Arrest Records

Are photographs and fingerprints routinely collected?

            Youths are photographed and fingerprinted only when arrested for an offense that, if committed by an adult, would “. . . constitute a felony or a Class A misdemeanor in which violence or weapons were involved.”[10]

Is DNA routinely collected?

            Youth adjudicated delinquent for any of the following offenses shall have a DNA sample drawn upon intake at a juvenile detention facility or intake at a DYS facility: rape; sexual assault in the first or second degree; incest; capital murder; murder in the first or second degree; kidnapping; aggravated robbery; or terrorist act.[11]

Where are juvenile arrest records stored?

            The Arkansas Crime Information Center maintains and stores juvenile arrest records and is responsible for providing technology to law enforcement and criminal justice agencies throughout the state. [12]

Are juvenile arrest records made public?

            Records of arrest and related proceedings shall be confidential unless the information is required for the purpose of obtaining services for the juvenile, to ensure public safety, and under a written order by the circuit court .[13]  In any of these cases, the information may be given only to the following designated people: a school counselor; a juvenile probation officer; a spiritual representative, as designated by the juvenile or his/her parent(s) or legal guardian; a Department of Human Services caseworker assigned to the juvenile; a community-based services provider designated by the court to assist the juvenile; the school in which the juvenile is enrolled; the parent or legal guardian of the juvenile; a Department of Health representative assigned to the juvenile’s case; the juvenile’s attorney ad litem; or some other court-appointed special advocate.[14]   

            Records of extended juvenile jurisdiction adjudications are not made public;[15] however, if a court later imposes an adult sentence upon that person, the records of that case shall be considered adult criminal records.[16]  In these circumstances, state law offers more individuals access to collateral records and information.[17]  Additionally, if a juvenile is charged as an adult, the juvenile criminal record could be made available through Arkansas Victim Information and Notification Everyday (VINE) Program.[18]

What juvenile arrest data may be distributed?

            Arrest data is generally not distributed; however, if a juvenile is arrested for possession of a firearm, an offense involving a deadly weapon, or battery in the first degree, the arresting agency shall provide written notification as soon as possible to the school district superintendent where the juvenile is currently enrolled.[19]

            Under certain emergency circumstances, youth data may be more broadly distributed.  For example, if a juvenile is committed to a Department of Youth Services (DYS) facility or state hospital following an offense for which they could have been tried as an adult, and leaves without authorization (i.e. escapes), the juvenile’s name, age, and description are released to the public, as well as any other information deemed pertinent and necessary to aid in the juvenile’s apprehension.[20]

Who has the authority to access juvenile arrest data?

            In general, police may not distribute arrest data to employers, as all juvenile records are sealed.[21]  However, information can be released under certain circumstances to certain entities or individuals, such as to specific caseworkers from the Departments of Human Services and Department of Health who are assigned to the juvenile for the purposes of obtaining services for the juvenile or to ensure public safety.[22]

May police sell arrest records to private data mining companies?

            Selling juvenile arrest records is prohibited, as these records are sealed.[23]

 

Treatment of Juvenile Court Records

At what point in the court process do records begin?

             Proceedings begin with the “filing of a petition with the circuit clerk of the circuit court or by transfer by another court;” this petition begins the record.[24] Once the initial petition is filed with the court, the records are continually updated and follow the juvenile’s progress through the court system.

Where are juvenile records stored?

             Along with arrest records, records of delinquency adjudications for felonies or Class A misdemeanors involving weapons or violence are available at the Arkansas Crime Information Center.[25]  As for court records, the juvenile court is, like other courts, is a court of record, and thus records of all proceedings are kept in accordance with the rules promulgated by the state Supreme Court; therefore, these records are stored in the circuit clerk’s office in the county of the court with jurisdiction.[26]

Who can access juvenile court records?

            All juvenile records are sealed with the exception of delinquency adjudications in which the juvenile could have been tried as an adult, as well as other exceptions enumerated by statute.[27]  Records of proceedings where a juvenile could have been treated as an adult are available to prosecuting attorneys for sentencing if a youth is subsequently tried and convicted as an adult, and for ten years after the last adjudication.[28]  In a hearing to transfer a juvenile into adult court, numerous factors are considered, including any history of juvenile adjudications.[29]  The prosecuting attorney’s office can also provide the juvenile’s delinquency history upon written request to the victim, the victim’s next of kin, or the school superintendent of the school district in which the juvenile is currently enrolled.[30]

What information does a juvenile court record contain?

           Juvenile court records contain the following information:  names and identification data, notations of arrests, detentions, indictments, informations, or other formal criminal charges. This record also includes any dispositions of the charges, as well as notations on correctional supervision and release.[31]  Medical records, psychiatric records, and psychological records are also available.[32]

 

Sealing and Expunging Delinquency Files or Records

Do defenders of indigent juveniles provide post-dispositional advocacy?

            A juvenile has a right to counsel at all pre-dispositional stages of the proceedings.[33]  But there are a host of issues for which a public defender would be appointed for post-dispositional advocacy.  The court may specifically retain jurisdiction to amend or modify any orders.[34]  As such, in a proceeding in which the judge determines that there is a reasonable likelihood that the proceeding may result in the curtailment of a juvenile's freedom or liberty interests and counsel has not been retained for the youth, the court shall appoint counsel for the juvenile.[35]  The public defender, if appointed in the delinquency proceeding, formalizes and files appeals as necessary in the post-dispositional stage.[36]

All juveniles committed to DYS, as well as those for whom the court retains jurisdiction and establishes as a condition that the defendant comply with conditions of aftercare, may be subject to a potential hearing if in the event of an aftercare violation.[37]  If loss of liberty is at stake, a public defender may be appointed for those hearings.[38]  Finally, if a juvenile is subjected to a hearing to determine whether sex offender registration will be required, the juvenile shall be represented by counsel.[39]

Do juveniles have the right or opportunity to seal or expunge their arrest and court records?

            The right or opportunity to seal and expunge juvenile records depends on the category of the offense for which the youth was adjudicated.  In Arkansas, “expunge” means the actual destruction of the records.[40]  For juveniles adjudicated of ordinary delinquent offenses, the court may expunge a youth’s record at any time, and shall expunge all the records of this type of juvenile offense upon his or her twenty-first birthday.[41]  However, “records of delinquency adjudications for which a juvenile could have been tried as an adult are kept for ten years after the last adjudication of delinquency, the date of a plea of guilty or nolo contendere, or a finding of guilt as an adult;” thereafter, the records can be expunged.[42]

How does a juvenile seal/expunge his record?

             Any youth who is eligible to have an offense expunged may file a uniform petition to seal their record with the circuit court or district court in the county where the offense was committed.[43]  After the petition is filed, a copy will be sent to the prosecutor, the arresting agency, and any city court where the individual appeared before the transfer of the case to circuit court.[44]  Anyone wishing to oppose the record being sealed must file a notice of opposition with the court within thirty days.[45] If no one is opposed to the record being sealed, the court may grant the petition with no hearing.[46] If there is opposition, the court may set a hearing date.[47] If the judge decides that a record should be sealed, the order will be entered and filed with the circuit clerk.[48]

Who has access to sealed juvenile records?

             There following individuals or groups of individuals have access to sealed records: the individual whose records are sealed or the individual’s attorney with signed authorization from the individual; criminal justice agency in response to an application for employment; court in response to a subsequent adjudication or conviction; prosecuting attorney in the process of prosecuting an offense; and the Arkansas Crime Information Center.[49]

How will sealed juvenile records affect a juvenile in their future?

             If a juvenile’s record is sealed, there is no obligation to reveal it, as the underlying conduct is deemed as a matter of law to never have occurred.[50]

How may a juvenile describe a record that is not going to be distributed, i.e. “no record?”

             If the record has been properly sealed and expunged, and orders have been entered to that effect, then the juvenile is under no obligation to reveal that such a record existed, as the underlying conduct is considered to have never happened.[51]

 

Challenging Court Record and Arrest Record Accuracy

Is there a way to correct a record?  If so, what are the procedures, costs, and timing?

             Under the Arkansas Right of Review and Challenge, a person may request, in writing, a copy of a personal criminal record from the Arkansas Crime Information Center.[52]  The person may request an examination of the record upon the belief that it is inaccurate.[53]  If the examination concludes that the record was indeed incorrect, the agency shall notify every agency or person known to have received the person’s criminal history in the last year and shall provide each agency or person with the corrected criminal history information.[54]

 

Employment Opportunities

Can juvenile records be viewed for employment purposes?

             All ordinary juvenile records are sealed within the discretion of the circuit court, juvenile division, except those records of more serious offenses wherein the record is retained for ten years.[55]  However, certain occupations in the federal and state government require criminal background checks, so the existence of a record may be revealed depending on the type of employment a juvenile is seeking.[56]

Which employers are authorized to view juvenile adjudication records?

            Criminal records are accessible to authorized federal and state employers, via the National Crime Prevention and Privacy Compact, an organized electronic information sharing system among the federal government and the states to exchange criminal history records such as background checks for government licensing and employment.[57]  Aside from federal and state government employers, a juvenile may permit a prospective employer to view a criminal record by authorizing the request in writing; this, however, applies only to criminal convictions.[58]

Can employers view juvenile records that have been sealed or expunged?

            A criminal justice government agency[59] can request the release of sealed records if the request is being made in conjunction with an application for employment with such agency by the individual whose record has been sealed.[60]

How should juveniles respond to inquiries about a record on job applications?

            When applying for a position within the federal or state government, a juvenile arrest record will be revealed through a National Crime Information Center database search.[61]  But if juvenile records are sealed or expunged pursuant to the exceptions described earlier,[62] when applying for jobs in the private sector, disclosure is at the applicant’s discretion.

Which occupations require disclosure of juvenile arrests or adjudications?

  1. Registered nurse: each first-time applicant for a license issued by the Arkansas State Board of Nursing shall apply to the Identification Bureau of the Department of Arkansas State Police for a state and national criminal background check, to be conducted by the Federal Bureau of Investigation (FBI).[63]
  2. Daycare provider: a criminal history records check is required when an operator applies for a license.[64]
  3. Teacher: as a condition of employment, teachers must pass a state and nationwide criminal record checks by the Identification Bureau of the Department of Arkansas State Police.[65]  This includes the taking of fingerprints.[66]
  4. Physician: every person applying for a license from the Arkansas Medical Board shall undergo a criminal history background check conducted by the FBI.[67]
  5. Psychologists – each first-time applicant for a license issued to the Arkansas Psychology Board shall be required to undergo a state and national criminal background check to be conducted by the FBI.[68]

 

Collateral Consequences Affecting Elementary & Secondary Education Students

Can a complaint or charge brought against a juvenile affect his or her elementary or high school education?

            As long as a juvenile is not adjudicated as an extended juvenile jurisdiction offender or tried as an adult,[69]their records will remain confidential.[70]  As noted above, the superintendent, principal and school resource officer may have access to records regarding arrests for certain offenses.[71]   This information is to be used for the purposes of obtaining services or to ensure school safety.[72]

            However, if a youth is found to have a weapon or firearm on school property, this will almost always merit automatic expulsion for a period of not less than one year.[73]  The superintendent, however, is given the discretion to modify the expulsion duration on a case-by-case basis.[74]      

            When adjudicated delinquent for an offense for which the juvenile could have been charged as an adult or for the unlawful possession of a handgun, the prosecuting attorney will also notify the school superintendent of the school district in which the juvenile is currently enrolled.[75]

If a youth is adjudicated delinquent or has admitted to committing a crime, is there any effect on elementary or high school education?   

            Upon written request, a school superintendent may seek information from a prosecuting attorney or the court concerning the disposition of a juvenile that attends school in that district.[76] When a court orders that a juvenile have a safety plan that restricts or requires supervised contact with a specific youth or group of youths for the purpose of protecting public safety, the court will direct that a copy of the safety plan and a copy of the court order regarding the safety plan be provided to the school superintendent and principal where the juvenile is enrolled.[77] A safety plan is defined as a plan ordered by the court for an adjudicated delinquent sex offender who is fairly likely or quite likely to reoffend.[78]

If expelled or suspended because a juvenile was adjudicated delinquent or admitted to committing a crime, is there any relief available?

            Before a student is expelled for juvenile justice system involvement, a school district must hold a full evidentiary hearing in front of the school board to consider whether or not that student should be expelled.[79]  At the hearing, the student may represent himself or may select a representative.[80]  The student/representative may hear all testimony, and the student or representative may cross-examine all witnesses.[81]  The student/representative is also entitled to offer evidence in his favor.[82]

 

Collateral Consequences to Receipt of Public Benefits & Privileges

Will a juvenile record affect the chances of becoming a foster parent or adopting a child?

            As part of any adoption proceeding, an applicant must undergo a home study which includes a criminal background check and a national fingerprint check, performed by the FBI, on all household members eighteen or older.[83]  Similarly, a person applying to be a foster parent and all family members in that household ten years of age or older, must undergo a child maltreatment central registry check.[84]

Can  a juvenile record affect eligibility for public housing?    

            Juveniles are not required to disclose delinquency adjudications on the Arkansas public housing application.  Only people over the age of eighteen in the household are required to complete a criminal history questionnaire and submit to criminal background checks.[85]

            Federal law requires the mandatory denial of public housing to households that include individuals subject to lifetime sex offender registration.[86] Households which include a member who has been convicted, as an adult or juvenile, of manufacturing or otherwise producing methamphetamine on the premises of a federally assisted housing program will also be banned permanently from admission to public housing.[87]

            In addition, a household may also be banned from public housing if a housing provider determines that a member is currently engaged in the illegal use of a controlled substance or if the housing provider has a reasonable belief that a household member’s pattern of illegal drug use may threaten the health, safety, or right to peaceful enjoyment of the premise by other residents.[88]  When considering whether to admit a household that was formerly rejected due to a member’s illegal drug usage, the housing provider may consider a member’s rehabilitation as evidenced by completing or participating in treatment.[89]

            A housing provider may exclude any household which includes a member currently engaging in, or has engaged in during a reasonable time before the admissions decision, any drug-related or violent criminal activity or other criminal activity which would adversely affect the health, safety, or right to peaceful enjoyment of the premises by other residents, the owner, or public housing agency employees.[90]

Can a juvenile record affect a driver’s license or permit?

            The presence of a juvenile record does not preclude one from obtaining a driver’s license or learner’s permit.  However, if there is evidence of excessive unexcused absences from school, a juvenile may be penalized by having a driver's license revoked (though the law does permit students to avoid a revocation of a license if a financial hardship would result).[91]  In addition, one possible delinquency disposition includes suspending the driving privileges of any juvenile adjudicated delinquent.[92]

 

Special Offender Registries

When will a juvenile have to register as a sex offender?

            If a juvenile is adjudicated delinquent for any sex offenses (rape, sexual assault in the first or second degree, incest, engaging children in sexually explicit conduct for use in visual or print medium), the court will order a sex offender screening and risk assessment.[93]  The court may also order a sex offender screening and risk assessment if a juvenile is adjudicated delinquent for any offense with an underlying sexually motivated component.[94]  In addition, the court may require that a juvenile register as a sex offender upon recommendation of the Sex Offender Assessment Committee and following a hearing within ninety days of the registration motion.[95]

Who has access to the sex offender registry?

            The sex offender registry is available to the public through the Arkansas Crime Information Center.[96]

Is there any relief for those who are on the offender registry?

            A youth may petition the court to have his or her name removed from the sex offender register at any time while the court has jurisdiction over the juvenile or once the juvenile turns twenty-one, whichever is later.[97]  If the court does not order the juvenile's name removed from the sex offender register, the name will remain on the register for ten years from the last date on which the juvenile was adjudicated a delinquent or found guilty as an adult for a sex offense or until the juvenile turns twenty one years of age, whichever is longer.[98]

What information is disclosed on the Sex Offender Registry form?

            The registration file shall include: sex offender’s full name and all aliases; date of birth; sex; race; height; weight; hair and eye color; address of any temporary residence; anticipated address of legal residence; driver’s license number or state identification number; Social Security number; place of employment, education or training; photograph; and fingerprints; date of arrest, arresting agency, offense for which convicted or acquitted, and arrest tracking number for each adjudication of guilt or acquittal on the grounds of mental disease or defect; a brief description of the crime or crimes registration is required; registration status of the sex offender as a sexually violent predator, aggravated sex offender or sex offender; statement by the offender acknowledging the sex offender has been advised of the duty to register; any other information the center deems necessary, including, but not limited to criminal and corrections records, non-privileged personnel records, treatment and abuse registry records and evidentiary genetic markers.[99]   

            The Arkansas Department of Corrections contracts with the family treatment program through Children’s Hospital and the University of Arkansas for Medical Sciences to conduct assessments of juvenile sex offenders, according to standards and procedures developed by that organization and approved by the Sex Offender Assessment Committee.[100]

 




[1] Ark. Code Ann. § 9-27-309(a) (2012).

[2] Ark. Code Ann. § 9-27-309(d)(1) (2012).

[3] See Generally Ark. Code Ann. § 9-27-502 (2012).

[4] Ark. Code Ann. § 9-27-502(b)(1)(A) (2012).

[5] Ark. Code Ann. § 9-27-502(b) (2012); See also David Firestone, Juvenile Crime Laws Falter Following Jonesboro, Tuscaloosa News, April 11, 1999.

[6] Ark. Code Ann. § 9-27-306 (a)(2012).

[7] Ark. Code Ann. § 9-27-306(a)(1)(A)(i) (2012).

[8] Ark. Code Ann. § 9-27-306(a)(1)(A)(ii) (2012).

[9] Ark. Code Ann. § 9-27-303(15)(A) (2012) (These acts preclude traffic offenses or game and fish violations).  Extended juvenile jurisdiction defendants are entitled to a jury trial and if found guilty as an extended juvenile jurisdiction offender, the court will impose a juvenile sentence, and the juvenile will also be subject to an adult sentence at the conclusion of the juvenile sentence.  See Ark. Code Ann. §§ 9-27-505(a); (g)(1).  The court will consider the following factors when determining whether the juvenile will be designated as an extended juvenile jurisdiction offender: (1) the seriousness of the alleged offense; (2) nature of the offense committed; (3) whether the offense was against a person or property, with greater weight being given to offenses against persons, especially if personal injury resulted; (4) the culpability of the juvenile, including the level of planning and participation involved; (5) previous history of the juvenile; (6) sophistication and maturity of the juvenile; (7) whether there are facilities or programs available to the court that are likely to rehabilitate the juvenile prior to the expiration of the court's jurisdiction; (8) Whether the juvenile acted alone or was part of a group; (9) written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and (10) any other factors deemed relevant by the court.  Ark. Code Ann. § 9-27-503(c) (2012).   If the court does not find that the juvenile fits the classification of an extended juvenile jurisdiction offender, the court will instead enter its findings and proceed with the case as an ordinary proceeding.  Ark. Code Ann. § 9-27-503(e) (2012).

[10] Ark. Code Ann. § 9-27-320(a) (2012).

[11] Ark. Code Ann. § 9-27-357 (2012). If a youth is adjudicated delinquent for any of the above offenses, but is not detained or committed to the Division of Youth Services (DYS), the juvenile probation officer shall ensure the DNA sample collected.  Ark. Code Ann. § 9-27-357(c)(2) (2010).

[12] Ark. Code Ann. §§ 12-12-201; 12-12-207 (2012). 

[13] Ark. Code Ann. § 9-27-309(k) (2012).

[14] Ark. Code Ann. § 9-27-309(l) (2012).

[15] Ark. Code Ann. § 9-27-508(a) (2012).

[16] Ark. Code Ann. § 9-27-508(b) (2012).

[17] Ark. Code Ann. § 9-28-217(a) (2012).

[18] “In 1997, in response to the need for victims of crime to be informed, the Arkansas Legislature passed Act 1262, which requires victim notification of changes in an offenders’ custody status.  In order to accomplish these notifications, legislation authorized the establishment of an automated system. This system is known as the Arkansas VINE program.  This service allows crime victims to access inmate information and to register for notification of inmate release.”  Arkansas Department of Correction, Arkansas Victim Notification Program, http://www.adc.arkansas.gov/vine.html (last visited Jan. 26, 2011).

[19] Ark. Code Ann. § 9-27-309(i)(1) (2012).

[20] Ark. Code Ann.§§9-27-320(b)(3)(A)-(C) (2012).

[21] Ark. Code Ann. § 9-27-309(a) (2012).

[22] Ark. Code Ann. §§ 9-27-309(k)-(l) (2012).

[23]Ark. Code Ann. § 9-27-309(a) (2012).

[24] ARK.Code Ann. § 9-27-310 (2012).

[25] Ark. Code Ann. § 9-27-309(a)(3) (2012).

[26] Ark. Code Ann. § 9-27-325(d) (2012).

[27] Ark. Code Ann. § 9-27-309 (2012).

[28] Ark. Code Ann. §§ 9-27-309(a)(2), (b)(1)(A) (2012).

[29] Ark. Code Ann. § 9-27-318(g) (2012).

[30] Ark. Code Ann. § 9-27-309(f) (2012).

[31] Ark. Code Ann. § 12-12-1001(6)(A) (2012).

[32] Ark. Code Ann. § 9-27-309(l)(4) (2012).

[33] Ark. Code Ann. § 9-27-316(a) (2012)

[34] Ark. Code Ann. § 9-27-330(b) (2012).

[35] Ark. Code Ann. § 9-27-316(d) (2012).

[36] Ark. Code Ann. § 9-27-343 (2003).

[37] Ark. Code Ann. §§ 9-27-364(b)-(d) (2012).

[38] Ark. Code Ann. § 9-27-316 (c) (2012).

[39] Ark. Code Ann. § 9-27-356(e)(2)(A) (2012).

[40] Ark. Code Ann. § 9-27-309(b)(3) (2012).

[41] Ark. Code Ann. § 9-27-309(b)(2) (2012).

[42]Ark. Code Ann. § 9-27-309(b)(1) (2012).

[43] Ark. Code Ann. § 16-90-904(a) (2012); See also Ark. Code Ann. § 16-90-905 (2010).

[44] Ark. Code Ann. § 16-90-904(b) (2012).

[45] Ark. Code Ann. § 16-90-904(b)(2)(A) (2012).

[46] Ark. Code Ann. § 16-90-904(b)(2)(B) (2012).

[47] Ark. Code Ann. § 16-90-904(b)(2)(C) (2012).               

[48]Ark.Code Ann. 16-90-904(c)(2012).

[49] Ark. Code Ann. § 16-90-903(a) (2012).

[50] Ark. Code Ann. § 16-90-902(b) (2012).

[51] Id.

[52] Ark. Code Ann. § 12-12-1013(a)(2)(B) (2012).

[53] Ark. Code Ann. § 12-12-1013(b) (2012).

[54] Ark. Code Ann. § 12-12-1013(c)(1)-(2) (2012).

[55] See Ark. Code Ann. § 9-27-309(b)(1)-(3) (2012).

[56] 42 U.S.C. §14616 Art. IV (a) (2010).

[57] Id.

[58] Ark. Code Ann. § 12-12-1009(a)(2) (2012).

[59] "Criminal justice agency" means a government agency or any subunit of a government agency that is authorized by law to perform the administration of criminal justice and that allocates more than one-half (1/2) its annual budget to the administration of criminal justice.  Ark. Code Ann. §12-12-1001(b)(8) (2012).

[60] Ark. Code Ann. § 16-90-903(a)(2) (2012).

[61] 42 U.S.C. §14616 (2009).

[62] Ark. Code Ann. §9-27-309(a) (2012).

[63] Ark. Code Ann. § 17-87-312(a) (2012).

[64] Ark. Code Ann. § 20-38-102 (2012).

[65] Ark. Code Ann. § 6-17-411(a)(1)(A) (2012).

[66] Ark. Code Ann. § 6-17-411(a)(1)(A)(i) (2012).

[67] Ark. Code Ann. §17-95-306 (2012).

[68] Ark. Code Ann. §17-97-312(a) (2012).

[69] Ark. Code Ann. § 9-27-303(23) (2012).; Ark. Code Ann. § 9-27-309(2) (2012).

[70] Ark. Code Ann. § 9-27-309(a) (2012).

[71] Ark. Code Ann. § 9-27-309(i)(1) (2012).

[72] Ark. Code Ann. § 9-27-309(i)(3) (2012).

[73] Ark. Code Ann. §§ 6-18-507(a)(2),(e)(1) (2012).

[74]Ark. Code Ann. § 6-18-507 (e)(1) (2012).

[75] Ark. Code Ann. § 9-27-309(g) (2012).

[76] Ark. Code Ann. §9-27-309(f)(2) (2012).

[77] Ark. Code Ann. § 9-27-309(m)(1) (2012).

[78] Ark. Code Ann. § 9-27-303(50) (2012).

[79] See Arkansas Department of Education Guidelines for the Development, Review and Revision of School District Discipline and School Safety Policies, 6.04 (C) (1-4) (guidelines are authorized pursuant to the Department of Education’s authority under Ark. Code Ann § 6-18-502 (2001)); available at http://www.arkansased.org/about/pdf/discipline_safety_guidelines_0507.pdf .

[80] Id.

[81] Id.

[82]See Arkansas Department of Education Guidelines for the Development, Review and Revision of School District Discipline and School Safety Policies, 6.04 (C) (1-4) (guidelines are authorized pursuant to the Department of Education’s authority under Ark. Code Ann § 6-18-502 (2010)); available at  http://arkansased.org/about/pdf/discipline_safety_guidelines_0507.pdf.  Students with disabilities that are suspended, a student will be given the opportunity to attend school in an alternative learning environment.   Id. at 14.  A student assigned to an alternative class or school for behavioral reasons has the right to and is required to receive intervention services designed to address the student’s behavioral problems; these services cannot be punitive in nature, but must instead be designed for long-term improvement of the student’s ability to control his or her behavior.  Id.

[83] Ark. Code Ann. § 9-9-212(b)(5)(A) (2012).

[84] Ark. Code Ann. § 9-28-409(a)(1)(c) (2012).

[85] Ark. Code Ann. § 14-169-107(a) (2012).

[86] 42 U.S.C. § 13663(a) (2010).

[87] 42 U.S.C. § 1437n(f)(1) (2010); 24 C.F.R. § 966.4(l)(5)(i)(A) (2010).

[88] 24 C.F.R. § 966.4(l)(2)(iii) (2010); 24 C.F.R. § 966.4(l)(5)(i)(B) (2010) (“In addition, the lease must provide that a PHA may evict a family when the PHA determines that a household member is illegally using a drug”).

[89] 42 U.S.C. § 13661(b)(2) (2010); 24 C.F.R. § 982.553(a)(1)(i)(A) (2010) (The household may be readmitted if “the evicted household member who engaged in drug-related criminal activity has successfully completed a supervised drug rehabilitation program approved by the PHA”).

[90] Id.

[91] Ark. Code Ann. § 6-18-222 (2012).

[92] Ark. Code Ann. § 9-27-330(a)(15) (2012).

[93] Ark. Code Ann. § 9-27-356(a) (2012).

[94] Ark. Code Ann. § 9-27-356(b)(1) (2012).

[95] Ark. Code Ann. §§ 9-27-356(b)(2), (e)(1) (2012).

[96]Arkansas Crime Information Center, Sex Offender Registry, available at http://www.acic.org/Registration/index.htm (last visited Jan. 27, 2011).

[97] Ark. Code Ann. § 9-27-356(h) (2012).          

[98] Ark. Code Ann. § 9-27-356(j) (2012).

[99] Ark. Code Ann. §12-12-908(b) (2001); copy of form available at http://www.acic.org/forms/Sex%20Offenders/SO_Registration_Form_09108.pdf; See also Sex Offender acknowledgement form that is given to anyone placed on the registry, available at http://www.acic.org/forms/Sex%20Offenders/ACIC%20S%20O%20Acknowledgement%20form.pdf.

[100]SeeArkansasCrime Information Center, Sex Offender Assessment Committee Guidelines and Procedures, 2007, available at: http://www.acic.org/Registration/SOAC%20GL%202007.pdf.

Resources/Links

Benton County, Arkansas Prosecuting Attorney's Office
http://www.co.benton.ar.us/ProsecutingAttorney/Default.aspx
United States' Attorney's Office- Eastern District of Arkansas
http://www.justice.gov/usao/are/
Arkansas Public Defender Commission
http://www.arkansas.gov/apdc/
Benton County Public Defender's Office
http://www.co.benton.ar.us/PublicDefender/Default.aspx
Arkansas Coalition for Juvenile Justice
http://arkansascoalitionforjuvenilejustice.arkansas.gov/
Juvenile Justice Center- University of Arkansas at Little Rock
http://ualr.edu/juvenilejustice/