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Adoption Specialist for the State of Arkansas chiming in...
How long ago was he arrested?
What was the outcome at court?
That could make a big difference. If it was a recent arrest - ie within the past few years - it could be a problem. But if it was 10 years ago, it might not. Most states have a means to do an "alternative compliance" for potential foster and adoptive parents who have a minor indiscretion preventing them from passing. This means that a high up official in the central office signs off on a homestudy that shows that the family is appropriate otherwise, with an explanation of the past issue and the steps taken to resolve it.
If he wasn't convicted, is he still floating in the court system, or did they dismiss or "null-prost" the charges? This too could make a difference.
HTH,
Katy
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02/04-02/07 TTC#1 w/ unexplained infertility, 9 rounds of oral meds, 3 surgeries, and 2 miscarriages
04/20/07 Orientation and Application to Adopt
09/27/07 Approved and Waiting!
04/08-06/08 THREE failed matches!
07/10/08 Matched! Baby girl born 6/24/08
07/29/08 She's ours! ICPC already cleared!
01/23/09 Finalized!
03/30/09 Yes, we're crazy - starting again!
04/09/09 Second Application submitted
05/05/09 Homestudy Update! 
07/13/09 Finally approved and waiting again!!!
08/09 Unexpected pregnancy and m/c
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