Overview Description

Records relating to a conviction for a violent Class C or Class D felony can be sealed five years after sentence completion, provided the person has no more than one previous felony conviction. Ark. Code Ann. § 16-90-1406(b). (Cannot link directly to statutes)

Ineligible Category or Citation

Ark. Code Ann. § 16-90-1408.

Procedure General

The uniform petition must be filed in the court in which the petitioner was convicted for the offense at issue. Ark. Code Ann. § 16-90-1413(a). For specific procedure, see Ark. Code Ann. §§ 16-90-1401 et seq.

Before filing a new petition, petitioner must wait one year from the date of the order denying the previous petition. Ark. Code Ann. § 16-90-1413(a)(2).

Fees

There is no filing fee. Ark. Code Ann. § 16-90-1419.

Effect

Upon entry of the uniform sealing order, the underlying conduct is deemed as a matter of law to have never occurred, and the person may 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 listed records. Ark. Code Ann. §§ 16-90-1413(e)-(g).

Forms

http://www.acic.org/Websites/acic/images/pdfs/1_FelonyPetitionDraftF.pdf

https://www.arlegalservices.org/expungementpacket

Waiting Periods

The petition can be filed five years after sentence completion.

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