NAPBS Announces Intent to Pursue Litigation Against Arkansas District Court Impeding Background Screening
After multiple attempts to legally obtain public records necessary for employee background screenings and the protection of Arkansas residents, NAPBS will pursue litigation against District Court of Benton County - Bentonville Division.

NAPBS has taken this action to ensure public safety since the court began denying requests from background screeners seeking publicly available records for consumer reports. The court attempted to justify its decision to deny these requests through a gross misinterpretation of the State Supreme Court's Administrative Order 19, which violates both the order itself and state law. Subsequent Arkansas courts followed suit. In denying these records requests, the courts are impeding the screening process at the detriment the state's own businesses.

NAPBS has taken steps to remedy the situation and resume rightful background screening procedures. The association made a request to the Arkansas State Judiciary Committee on Automation. NAPBS members and Arkansas employers also weighed in with state elected officials, including Governor Hutchinson, Attorney General Rutledge and members of the Arkansas Legislature. These measures were met with an understanding of the situation the screening profession faced, as well as an unwillingness to address the issue as the denials were deemed "within the Clerk's purview" as outlined in Administrative Order 19.

NAPBS is now filing litigation to resolve this misunderstanding and ensure access to public record information is restored. An NAPBS task force was formed in order to retain local legal counsel and guide outside counsel's decisions. The task force retained the law firm of Burr Forman to address the matter. Through May and June of 2018, demand letters were sent to the ten Arkansas courts denying record access promising legal action if access is not restored. As a result, seven of the ten have resumed providing access to records - three remained obstinate.

The courts resuming access include: Cleburne, Carlisle, Poinsett, Little Rock District, Little Rock-Polaski County, Clinton, and Clarendon.

The three that continue denial are Bentonville, Craighead County-Lake City, and Craighead County-Jonesboro Division.

On Monday, July 20, NAPBS filed an official complaint in Arkansas State Court against Bentonville County District Court. NAPBS and our attorney partners feel we have a strong case for restoring record access, and will move this action forward as necessary to succeed in restoring access. NAPBS will consider filing a complaint against both Craighead courts in the future to restore our members rightful access to public records throughout Arkansas.

If you have any questions please contact Brent Smoyer or Melissa Sorenson.

Any member who receives a media inquiry regarding this matter is asked to contact Melissa Sorenson, 919.459.8579, or NAPBS Communications Partner, Liza Crawford Jønler, 202.499.5242.

This communication is for NAPBS Members Only and may not be forwarded outside of NAPBS, posted online, or otherwise reprinted in whole or in part. Except where otherwise indicated, articles are copyright (c) by NAPBS 2018. All rights reserved.