AR HB1763

Creates civil liability for private entities and persons conducting criminal background checks who disclose erroneous information about a person.

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

Prevailing plaintiffs are entitled to compensatory damages, punitive damages, court costs, and reasonable attorney's fees.

Provides affirmative defense if the background check company demonstrated heightened due diligence in procuring the most accurate information available at the time of the check.

Remedy is in addition to any other remedies available in law or equity, and can be pursued by the injured person or their estate representative after death.