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Some courts in Arkansas would not provide records to background screening agencies unless they paid a hefty fine. The AK Supreme Court decreed that must stop.

History Of The Case

In February 2018, a Consumer Reporting Agency (CRA) requested court records from Benton County, Arkansas. A clerk allegedly refused to provide them unless they paid $5,000. The CRA believed they should not have to pay this amount and that they had a right to receive records under the Freedom of Information Act (FOIA). However, the clerk argued that their records were governed by Arkansas State Supreme Court Administrative Order 19.

Order 19 “governs access to, and confidentiality of, court records.” The clerk in Benton said this authorized courthouses in Arkansas to charge $5,000 for access. This claim was reportedly repeated in July, 2018. Other county courts in the state followed this lead.

The PBSA Gets Involved

The Professional Background Screening Association (PBSA – formerly the National Association of Professional Background Screeners) was established to “represent the interest of companies offering employment and tenant background screening services.” They got involved to help ensure CRAs could receive the records they need to complete employment background checks.

PBSA members assembled a task force to “retain local legal counsel and guide outside counsel's decisions.” They sent letters to ten courts and pled the case that CRAs must have access to court records so they can compile background checks as permitted by the Fair Credit Reporting Act (FCRA). Three of the seven agreed.

Circuit Court Decision

Following the PBSA letter, seven courts continued to charge $5,000 for records. PBSA representatives filed an official complaint at the Pulaski County Circuit Court. It alleged the initial county clerk refused to “provide background screening firms access to records from her court.” The PBSA also claimed that this fee is a “gross misinterpretation” of Order 19.

The Pulaski Court sided with the PBSA. They determined that county clerks throughout the state should provide records to CRAs without the $5k fee. This decision was appealed.

The Arkansas Supreme Court Decision

The Arkansas Supreme Court reviewed this case. They filed a decision in November 2020 that sided with the PBSA. Their outcome stated that requests for records are not governed by Order 19 and are therefore not subject to related limitations.

Justice Hudson wrote: “A plain reading of Order 19 and its commentary support PBSA’s position that the July 2018 request by Courthouse Concepts was not one for compiled information. Accordingly, the July 2018 request was not governed by any of the access limitations described in Order 19, and the circuit court was correct in determining that the FOIA applied to the request. We therefore affirm the circuit court’s award of summary judgment to PBSA on its FOIA claim.”

Why Court Records Are Essential

Employers rely on background checks to make informed decisions and create safe workplaces. CRAs, like Backgrounds Online, compile comprehensive reports that include records from county courthouses. These documents help employers determine if a candidate poses an undue risk and demonstrate they are following due diligence best practices.

Backgrounds Online excels at compiling reports that empower our clients to make critical employment decisions. If you need background checks for applicants, employees, volunteers or contractors, please contact us. We’re available to assist you Monday through Friday from 5am to 6pm PT.