Overview Description

A copy of a pardon issued before July 15, 1991, can be filed with the court. The court shall seal the record upon the filing of a copy of the pardon. Ark. Code Ann. § 16-90-1411(a)(2).

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

A copy of the pardon must be filed in the court in which the petitioner was convicted. For the specific procedure, see Ark. Code Ann. §§ 16-90-1411, 16-90-1401 et seq.

Either party can appeal the court's decision. Ark. Code Ann. § 16-90-1415(f).

Fees

The $50 fee for filing the uniform petition can be waived if the petitioner is indigent. Ark. Code Ann. § 16-90-1419(a).

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 the pardon.

(non-prod server)