In Arkansas, acceptable forms of identification vary depending on the purpose (e.g., voting, driving, law enforcement verification). Common acceptable IDs include:
A valid Arkansas driver’s license or state-issued ID card
U.S. passport
Military ID
Tribal ID
Voter ID card (for voting purposes)
Acceptable Digital Identification
ACT557 Passed and in progress to incorporate Mobile digital Identification.
Real ID is currently in use but is not the same as a Mobile drivers license where a digital wallet or state based application is utilized.
For now, Real ID only works on ground in Arkansas ( if you get pulled over or identifying yourself with police). Real ID is not accepted by TSA or government entities outside of Arkansas
Act557 does not specify whether businesses are required to accept the Arkansas digital ID for age or identity verification.
What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
Proof of Legal Presence for US Citizen
U.S. Passport/U.S. Passport Card
U.S. Birth Certificate
Certificate of Birth Abroad- FS-240/ FS-545
Certificate of Naturalization- N-550/ N-570
Certificate of Citizenship- N-560/ N-561
Social Security Number
Social Security Card
W-2 Tax Form
1099 Tax Form
Pay Stub with Name and Full SSN
DD214
Name Change if Applicable
Court Order
DHS Immigrant Document
Divorce Decree(s)
Social Security Card
U.S. Birth Certificate
U.S. Passport
Adoption Documents
Marriage Certificate(s)
Proof of Identity (Bring ONE of the following) If Proof of Identity document shows residential address, it may count as 1 residency document.
Current DL/ID
School Identification Card
Court Order
Tax Return dated within 1 year
Marriage Certificate or License
Military ID/ Military Dependent
Armed Forces Discharge Papers (DD214, DD2, DD256,
DD257, NGB Form 22, Veteran ID )
Certified School Record or Transcript/Home School
Notice of Intent Form
Prison Release Document, Sentencing Order or Booking
Order with Photo
Bureau of Indian Affairs Card/Indian Treaty Card
Parent Affidavit (Parent/guardian must appear and prove their identity regarding minor’s identity)
Pilot’s License
Federal or State Government issued ID
Pension or Retirement Statement
Hunting/Fishing License
Arkansas Title or Vehicle Registration
Concealed Handgun License
Proof of AR Residency-Required for REAL ID(Bring TWO of the following dated within 6 months unless otherwise specified)
Utility Bill- Gas, Water or Electric
Current Lease, Rental Agreement or Mortgage Statement
Bank Statement
Telephone, Cable or Internet Bill
Current Health, Automobile or Homeowners Insurance
State or Federal tax return that is less than 1 year old
Voter Registration that is less than four years old
Personal Property Tax Receipt or Assessment
Pay slip or salary statement with employer name
Tuition invoice/official mail from college or university/School record or transcript
Homeless shelter agreement
Medical or dental bill
On a formal letterhead, a letter from a bank manager, medical practitioner, accountant, attorney or employer on company letterhead that states that he or she has known the applicant for three (3) years and that confirms the applicant’s physical residential address
What types of identification are accepted for non-citizen or foreign nationals in this state?
Proof of Identity (Bring ONE of the following) If Proof of Identity document shows residential address, it may count as 1 residency document.
Current DL/ID
School Identification Card
Court Order
Tax Return dated within 1 year
Marriage Certificate or License
Military ID/ Military Dependent
Armed Forces Discharge Papers (DD214, DD2, DD256,
DD257, NGB Form 22, Veteran ID )
Certified School Record or Transcript/Home School
Notice of Intent Form
Prison Release Document, Sentencing Order or Booking
Order with Photo
Bureau of Indian Affairs Card/Indian Treaty Card
Parent Affidavit (Parent/guardian must appear and prove their identity regarding minor’s identity)
Pilot’s License
Federal or State Government issued ID
Pension or Retirement Statement
Hunting/Fishing License
Arkansas Title or Vehicle Registration
Concealed Handgun License
Proof of AR Residency-Required for REAL ID(Bring TWO of the following dated within 6 months unless otherwise specified)
Utility Bill- Gas, Water or Electric
Current Lease, Rental Agreement or Mortgage Statement
Bank Statement
Telephone, Cable or Internet Bill
Current Health, Automobile or Homeowners Insurance
State or Federal tax return that is less than 1 year old
Voter Registration that is less than four years old
Personal Property Tax Receipt or Assessment
Pay slip or salary statement with employer name
Tuition invoice/official mail from college or university/School record or transcript
Homeless shelter agreement
Medical or dental bill
On a formal letterhead, a letter from a bank manager, medical practitioner, accountant, attorney or employer on company letterhead that states that he or she has known the applicant for three (3) years and that confirms the applicant’s physical residential address
Can undocumented individuals obtain a state ID or Drivers license in this state?
No
Applicants must provide proof of legal presence in the U.S., such as a visa, green card, or other immigration documentation.
What privacy protections are in place for Digital Id’s in this state?
While Mobile Digital ID’s are not yet available, Arkansas has implemented limited privacy safeguards for its Real ID
Specifically, the law states that displaying a digitized driver’s license does not constitute consent for a law enforcement officer or any other person to access other data or applications on the mobile device.
Officers are required to promptly return the device after verifying the individual’s identity and license status.
Can Digital IDs be legally used for law enforcement verification?
Arkansas law permits the use of digital IDs for law enforcement verification during traffic stops or other interactions. Police officers in Arkansas are trained to recognize and accept digital driver’s licenses as valid identification.
Individuals must generally be 21 years old to enter a bar or alcohol-serving venue.
Exceptions may apply for individuals under 21 if the bar also serves food and is classified as a restaurant or if the individual is accompanied by a parent or guardian.
First offense: A fine of up to $500 and/or up to 30 days in jail.
Subsequent offenses: Increased fines and longer jail sentences.
Civil liability: Adults who provide alcohol to minors may be held liable for any injuries or damages caused by the minor while intoxicated.
Tobacco
Age permitted to access Tobacco Retailers and Venues (How old do you have to be to enter a cigar shop, smoke shop, or smoking lounge? Include Federal Law and State Law)
Arkansas State Law: Individuals must be at least 21 years old to enter tobacco retailers, including cigar shops, smoke shops, and smoking lounges. This aligns with federal law.
Federal Law: Under the Tobacco 21 Act (part of the Federal Food, Drug, and Cosmetic Act), the minimum age to access tobacco retailers is 21 years old nationwide.
There is no specific legal limit on how much tobacco an individual can consume in Arkansas.
Public smoking is regulated, and smoking is prohibited in certain areas, such as workplaces, restaurants, and public buildings, under the Arkansas Clean Indoor Air Act.
Federal law prohibits the sale of closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.
Open-system devices (e.g., refillable tanks) and disposable e-cigarettes are not subject to the same flavor restrictions, though the FDA continues to evaluate their regulation.
State Law: Arkansas does not currently ban flavored vapes or disposable e-cigarettes. But retailers must comply with federal regulations regarding flavored vaping products.
Cannabis
Age permitted to access Cannabis Retailers and Venues (How old do you have to be to enter a dispensary or smoke shop? Include Federal Law and State Law)
Medical cannabis patients are limited to possessing 2.5 ounces (70 grams) of usable cannabis at any given time. This limit applies to both flower and other forms of cannabis, such as edibles or concentrates.
Public Use Prohibited: Cannabis consumption in public places is strictly prohibited, even for medical users.
Medical cannabis cardholders are limited to purchasing 2.5 ounces (70 grams) of cannabis from licensed dispensaries every 14 days. Dispensaries track purchases to ensure compliance with this limit.
Can minors obtain medical cannabis with a prescription?
Yes, minors can obtain medical cannabis in Arkansas under the following conditions:
The minor must have a qualifying medical condition as defined by the Arkansas Medical Marijuana Amendment (e.g., cancer, epilepsy, severe chronic pain).
A parent or legal guardian must apply on the minor’s behalf and serve as the minor’s designated caregiver.
The caregiver must be at least 21 years old and must register with the Arkansas Department of Health.
The minor’s medical cannabis use must be recommended by a licensed physician.
Arkansas does not have state-specific laws directly regulating the minimum age to access adult content online.
Federal law applies.
Federal Law:
Under Title 18, Section 2256 of the U.S. Code, individuals under the age of 18 are prohibited from accessing or being exposed to obscene or sexually explicit material. Websites hosting adult content are required to take measures to restrict access to minors, though enforcement varies.
Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
Individuals must be at least 18 years old to enter adult retailers (e.g., sex shops) and venues offering adult entertainment, such as strip clubs or burlesque shows.
Some venues may impose stricter age limits (e.g., 21 years old) if they serve alcohol, in compliance with Arkansas Alcoholic Beverage Control (ABC) regulations
Are websites required to verify age for accessing adult content?
Arkansas does not currently have a state-specific law mandating age verification for accessing adult content online.
Federal Law:
Distributing obscene materials to minors is prohibited. Websites hosting adult content are expected to take reasonable steps to verify the age of users. This includes requiring users to confirm they are over 18 or implementing age-verification systems.
What penalties exist for providing minors access to adult material online?
Title 18 Section 1470 Federal laws prohibit the distribution of obscene materials to minors. Violations can result in significant fines and imprisonment.
Penalties include:
Fines: Up to $250,000 for individuals
Imprisonment: Up to 10 years for first-time offenders, with harsher penalties for repeat violations
AR Code 5-68-501 Violations can result in criminal penalties, including misdemeanor or felony charges, depending on the severity of the offense.
What is the minimum age to work in the adult entertainment industry?
AR Code 5-68-501 The minimum age to work in the adult entertainment industry in Arkansas is 18 years old. This includes employment at adult retail stores, strip clubs, or as content creators for adult media.
Title 18 U.S. Code 2256 individuals must be at least 18 years old to participate in the production of sexually explicit material.
Are there restrictions on employment terms for adult content creators?
Arkansas does not have specific laws governing employment terms for adult content creators.
General labor laws apply, including protections against exploitation and mandatory compliance with federal laws.
Federal Law:
Federal laws regulate the adult entertainment industry to prevent exploitation and ensure compliance:
Record-Keeping Requirements (18 U.S.C. 2257): Producers of adult content must verify and maintain records of performers’ ages to ensure they are at least 18 years old.
Prohibition on Coercion (18 U.S.C. 1591): It is illegal to use force, fraud, or coercion to compel someone to participate in the adult entertainment industry.
Tax Compliance: Adult content creators are required to report income and comply with tax laws, just like any other profession.
Voters must present a valid photo identification to cast a regular ballot. The photo ID must:
Show the voter’s name (which must match the name on the voter registration)
Include a photograph of the voter
Be issued by the state of Arkansas, the federal government, or an accredited postsecondary institution in Arkansas
Examples of acceptable photo IDs include:
Arkansas driver’s license
U.S. passport
Military ID
Arkansas voter ID card (provided free of charge to registered voters who do not have another form of ID)
Exceptions:
Voters without an ID may cast a provisional ballot and must return to the county clerk’s office with valid ID by noon on the Monday after Election Day for their vote to be counted.
What Identification requirements are needed to vote on a Provisional ballot
If a voter does not present valid photo identification at the polling place, they may cast a provisional ballot. To ensure the provisional ballot is counted, the voter must:
Return to the county clerk’s office with a valid photo ID by noon on the Monday following Election Day; OR
Sign an Affirmation of Identity (a sworn statement affirming their identity under penalty of perjury). This option is available only in specific circumstances, such as religious objections to being photographed.
Federal Law:
Under the Help America Vote Act of 2002 (HAVA), first-time voters who registered by mail and did not provide ID with their registration must provide identification when voting.
Acceptable forms of ID under HAVA include a utility bill, bank statement, paycheck, or government document with the voter’s name and address.
Voter Restrictions/ Requirements in place federally and within the state.
Voting Rights Act of 1965: Prohibits discriminatory practices, such as literacy tests or poll taxes, that disenfranchise voters based on race or language.
National Voter Registration Act of 1993 (NVRA): Requires states to offer voter registration opportunities at motor vehicle departments and public assistance offices.
Help America Vote Act of 2002 (HAVA): Mandates states to implement provisional ballots, statewide voter registration databases, and identification requirements for first-time voters registering by mail.
Arkansas Voter Restrictions/Requirements
Residency Requirement: Voters must be residents of Arkansas and registered to vote in the county where they reside.
Felony Disenfranchisement: Individuals convicted of a felony are prohibited from voting unless their sentence, including parole or probation, has been completed and their voting rights have been restored.
Mental Incapacity: Individuals declared mentally incompetent by a court are prohibited from voting.
Photo ID Requirement: As noted above, Arkansas requires a valid photo ID to vote on a regular ballot. Provisional ballots are available for those without ID.
Legal
Laws on Presenting Identification to Law Enforcement
Under what circumstances is a person required to show ID to police?
Arkansas does not have a specific “Stop and Identify” law, meaning individuals are generally not required to show identification to law enforcement unless:
They are driving a vehicle (traffic stop or checkpoint).
They are under lawful arrest or detention and their identity is pertinent to the investigation.
They are committing or suspected of committing a crime, such as trespassing.
Under Terry v. Ohio, 392 U.S. 1 (1968), police may stop and briefly detain individuals if they have reasonable suspicion that a crime has occurred, is occurring, or is about to occur.
Being stopped does not automatically require you to present ID unless state law mandates it.
Can you be detained or arrested for refusing to show ID?
Answer
“Stop and Identify” Laws in this state
What is this state’s specific laws regarding police stops and ID requirements?
If you are lawfully detained and police have reasonable suspicion to believe you are involved in a crime, refusing to provide your name or identification could result in further detention or arrest. For example:
During a traffic stop, failure to provide a driver’s license can lead to arrest.
If you are trespassing, refusing to identify yourself may escalate the situation.
If you are not lawfully detained or under arrest, you are not required to provide ID.
Do you have the right to remain silent or refuse to provide ID in certain situations?
Right to Remain Silent:
Yes, under the Fifth Amendment of the U.S. Constitution, you have the right to remain silent and refuse to answer questions during police encounters.
This does not exempt you from showing ID if required by law (e.g., during a traffic stop).
Refusing to Provide ID:
In Arkansas, you can refuse to provide ID if:
You are not driving.
You are not under lawful arrest or detention.
You are not in a situation where ID is legally required (e.g., trespassing).
Public Place ID Requirements
Are there any public areas where a person must carry ID?
No, Arkansas law does not require individuals to carry ID in public places unless they are engaging in regulated activities (e.g., driving, purchasing alcohol, or entering age-restricted venues).
Police may request ID if there is reasonable suspicion of criminal activity, but individuals are not required to carry or present ID unless a specific law applies.
Are there curfew or loitering laws requiring ID verification?
Curfew Laws for Minors:
Many cities in Arkansas have curfew laws for minors (typically under 18 years old). For example:
In Little Rock, minors are prohibited from being in public places without a parent or guardian between 11 PM and 5 AM on weekdays and 12 AM to 5 AM on weekends.
Law enforcement may request ID to verify a minor’s age if they are suspected of violating curfew laws.
Penalties for Violating Curfew Laws:
Minors may be detained and returned to their parents or guardians.
Parents may face fines or other penalties for allowing curfew violations.
Traffic Stops and ID Requirements
Are you required to provide an ID when pulled over by law enforcement?
Refusing to provide a driver’s license during a traffic stop is a violation of Arkansas law and may result in:
Fines
Suspension of driving privileges
Arrest for obstructing law enforcement.
Passenger ID Requirements in Vehicles
Do passengers need to show ID if a vehicle is stopped by law enforcement?
Passengers are not required to show ID during a traffic stop unless:
They are suspected of committing a crime.
They are being lawfully detained or arrested.
Can passengers legally refuse to provide ID?
Yes, passengers can refuse to provide ID unless there is reasonable suspicion or probable cause that they are involved in criminal activity.
Curfew Laws for Minors
Are minors required to carry ID to prove their age if stopped past curfew?
Minors are not explicitly required to carry ID, but law enforcement may request identification or proof of age if they are suspected of violating curfew laws.
What are the penalties for violating curfew laws?
Penalties may include:
Detention of the minor and return to their parent or guardian.
Fines or community service for the minor or their parent/guardian
Can police demand ID if someone is suspected of trespassing?
Police can request ID if they have reasonable suspicion that someone is trespassing. Refusing to provide ID in this situation may escalate the encounter and lead to arrest.
What are the consequences of refusing to provide identification in such situations?
Refusing to provide ID when suspected of trespassing may result in: