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).
Ineligible Category or Citation
There is no statutory language regarding ineligible offenses.
Procedure General
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 petition can be filed immediately upon an order of dismissal, a prosecuting attorney's decision not to file charges, or an acquittal.