Overview Description

An arrest record can be sealed by the court if charges have not been filed by the prosecuting attorney within one year of the date of arrest. Ark. Code Ann. § 16-90-1409(a).

There is no statutory language regarding ineligible offenses.

The petition must be filed in the circuit court or district court in the county in which the arrest was made. Ark. Code Ann. § 16-90-1409(a). For the specific procedure, see Ark. Code Ann. §§ 16-90-1401 et seq.

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

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

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).

http://www.acic.org/Websites/acic/images/pdfs/9_ArrestPetitionDraftF.pdf

The petition can be filed one year after the arrest if no charges were filed.