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§ 16-90-1415. Burden of proof — Standard of review

Home » US Law » 2020 Arkansas Code » Title 16 - Practice, Procedure, And Courts » Subtitle 6 - Criminal Procedure Generally » Chapter 90 - Judgment and Sentence Generally » Subchapter 14 - Comprehensive Criminal Record Sealing Act of 2013 » § 16-90-1415. Burden of proof — Standard of review

§ 16-90-1415. Burden of proof — Standard of review

§ 16-90-1415. Burden of proof — Standard of review

  1. (a) For a uniform petition filed under § 16-90-1405, unless the circuit court or district court is presented with and finds that there is clear and convincing evidence that a misdemeanor or violation conviction should not be sealed under this subchapter, the circuit court or district court shall seal the misdemeanor or violation conviction for a person after the person files a uniform petition as described in this section.

  2. (b)

    1. (1) A uniform petition filed under § 16-90-1406 may be granted if the court finds by clear and convincing evidence that doing so would further the interests of justice, considering the following factors:

      1. (A) Whether the person appears likely to reoffend;

      2. (B) The person’s other criminal history;

      3. (C) The existence of any pending charges or criminal investigations involving the person;

      4. (D) Input from the victim of the offense for which the person was convicted, if applicable; and

      5. (E) Any other information provided by the state that would cause a reasonable person to consider the person a further threat to society.

    2. (2) The factors listed in subdivision (b)(1) of this section are not exclusive.

  3. (c) A uniform petition filed under § 16-90-1407 may be granted if the court finds that doing so is in the best interest of the petitioner and the state.

  4. (d) A uniform petition filed under § 16-90-1409 or § 16-90-1410 shall be granted unless the state shows by a preponderance of the evidence that doing so would:

    1. (1) Place the public at risk; or

    2. (2) Not further the interests of justice.

  5. (e) A uniform petition filed under § 16-90-1411 shall be granted if the court finds that the requirements of § 16-90-1411 are met.

  6. (f)

    1. (1) An appeal of the grant or denial of the uniform petition to seal may be taken by either party.

    2. (2) An appeal from the district court shall be taken to the circuit court, which shall review the case de novo.

    3. (3) An appeal from the circuit court shall be taken as provided by Supreme Court rule, and the appellate court shall review the case using an abuse of discretion standard.