AR HB1494

Establishes civil liability for private businesses and persons conducting criminal background checks who disclose erroneous information to the person subject of the check or other aggrieved parties.

Requires plaintiffs to prove by preponderance of evidence that the disclosed information was erroneous and proximately caused injury to reputation, current employment status, potential employment status, or deprivation of civil liberties.

Entitles prevailing plaintiffs to compensatory damages, punitive damages, court costs, and reasonable attorney's fees.

Allows actions to be brought by the injured person or, after their death, by the executor, administrator, or representative of their estate.

Provides an affirmative defense if the background check entity demonstrated heightened due diligence in procuring the most accurate information available at the time of the check, and makes this remedy additional to any other legal or equitable remedies.