Overview Description

Records relating to a case can be sealed by the court immediately upon an order of dismissal, a prosecuting attorney's decision not to file charges, or an acquittal, unless the acquittal was for reason of mental disease or defect. Ark. Code Ann. §§ 16-90-1410(a)(2)-(4).

There is no statutory language regarding ineligible offenses.

The petition must be filed in the court in which the order of dismissal or acquittal was entered. Ark. Code Ann. § 16-90-1410(b). If the prosecuting attorney decided not to file charges, the a petition should be filed in the circuit court or district court in the county in which the arrest was made. Ark. Code Ann. § 16-90-1409(b). For specific procedure, see Ark. Code Ann. §§ 16-90-1401 et seq.

Before filing a new petition, petitioner must wait 1 year from the date of the order denying the previous petition before filing a new petition. 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/7_NolleProsequiDismissedAcquittalPetitionDraftF.pdf

The petition can be filed immediately upon an order of dismissal, a prosecuting attorney's decision not to file charges, or an acquittal.