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Arkansas Lie Detector Tests: What you need to know

The state Polygraph Examiners Act (AR Code Sec. 17-39-101 et seq.) permits voluntary polygraph testing, provided it is conducted by a state-licensed polygraph examiner. To obtain a license, an individual must meet certain age, character, education, training, and examination requirements. It is a violation of state law, and grounds for license revocation, for a polygraph examiner to fail to:
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• Inform the test subject of the nature of the examination
• Advise the test subject that the test is voluntary
• Notify the subject of the results of the test, if the results are requested
Penalties. Any person who violates this law or any person who falsely states or represents that he has been or is a polygraph examiner will be guilty of a misdemeanor. Upon conviction, that person will be punished by a fine of not less than $100 and not more than $1,000 or by imprisonment in the county jail for a term not to exceed 6 months, or both (AR Code Sec. 17-39-103).
Evidence. The results of a lie detector test are not admissible as evidence in a proceeding in criminal court (AR Code Sec. 17-39-105).
A separate provision (AR Code Sec. 17-39-301 et seq.) regulates the use of voice stress analyses. A voice stress analysis machine is a device that electronically analyzes the responses of an individual to a specific set of questions and records the analysis, both digitally and on a graph. It is a violation of state law, and grounds for license revocation, for a voice stress analyzer to:
• Inform the test subject of the nature of the examination, obtain verbal permission to conduct the test, and record as part of the interview
• Advise the test subject that the test is voluntary
• Notify the subject of the results of the test, if the results are requested

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