Overview Description

The governor shall notify the court upon issuing a pardon, and the court shall seal the record of the conviction of the person pardoned. Ark. Code Ann. § 16-90-1411(a)(1).

Ineligible Category or Citation

Despite a person being pardoned, certain convictions on his or her record are ineligible to be sealed. Ark. Code Ann. § 16-90-1411(a)(3).

Procedure General

The procedure is automatic. The record is sealed via court's own motion following notification of the pardon by the governor. Ark. Code Ann. § 16-90-1411(a)(1).

Fees

There is no statutory language regarding fees.

Effect

Upon entry of the uniform sealing order, the underlying conduct is deemed as a matter of law to never have occurred, and the person can state that the conduct did not occur and that a record does not exist. Ark. Code Ann. § 16-90-1417(b).

Sealed records are not available for general access unless otherwise authorized by law. Ark. Code Ann. §§ 16-90-1413(h), 16-90-1416, 16-90-1417(b)(2).

An order to seal a record means to expunge, remove, requester, and treat as confidential the record in question. It does not include the physical destruction of a record of conviction unless specified. Ark. Code Ann. § 16-90-1404(4).

The court clerk, prosecuting attorney, and arresting agency remove and sequester the listed records. Ark. Code Ann. §§ 16-90-1413(e)-(g).

Forms

Waiting Periods

The record can be sealed immediately upon notice of pardon.

(non-prod server)