§ 16-90-1408. Felony convictions ineligible for sealing
(a) A record of a conviction of any of the following offenses is not eligible to be sealed under this subchapter: (1) A Class Y felony, Class A felony, or Class B felony, except as provided in § 16-90-1406; (2) Manslaughter, § 5-10-104; (3) An unclassified felony if the maximum sentence of imprisonment for the […]
§ 16-90-1409. Sealing records of arrests
(a) A person may petition a district court or circuit court to seal a record of a prior arrest if charges have not been filed by the prosecuting attorney within one (1) year of the date of the arrest. (b) The petition shall be filed in the county in which the arrest was made.
§ 16-90-1410. Sealing records of nolle prosequi, dismissed cases, or cases when the disposition is an acquittal
(a) A person may petition to seal the records of a case in which there was for any reason: (1) Entry of an order nolle prosequi upon motion of the prosecuting attorney after one (1) year has passed since the date of the entry of the order nolle prosequi; (2) Entry of an order of […]
§ 16-90-1411. Sealing of records for a pardoned person — Pardons for youthful felony offenders
(a) (1) The Governor shall notify the court upon issuing a pardon, and the court shall issue an order sealing the record of a conviction of the person pardoned. (2) The record of a conviction relating to the conviction of a person pardoned before July 15, 1991, shall be sealed upon the filing of a […]
§ 16-90-1412. Sealing certain convictions for victims of human trafficking — Definition
(a) As used in this section, “victim of human trafficking” means a person who has been subjected to trafficking of persons, § 5-18-103, or any former law of this state, law of another state, or federal law that is substantially similar. (b) (1) A person convicted of prostitution, § 5-70-102, may file a uniform petition […]
§ 16-90-1413. Procedure for sealing of records
(a) (1) A person who is eligible to have a record sealed under this subchapter may file a uniform petition in the circuit court or district court in the county where the offense was committed and in which the person was convicted for the offense he or she is now petitioning to have sealed. (2) […]
§ 16-90-1414. Uniform petition and uniform order to seal records
(a) (1) The Arkansas Crime Information Center shall adopt and provide the following to be used by a petitioner and any circuit court or district court in this state: (A) A uniform petition to seal records; and (B) A uniform order to seal records. (2) An order to seal records covered by this subchapter shall […]
§ 16-90-1415. Burden of proof — Standard of review
(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 […]
§ 16-90-1305. Notice and effect
(a) Notice of the discharge of the person’s sentence under this section shall be sent to the clerk of the sentencing court. (b) The clerk of the sentencing court shall send notice to the Arkansas Crime Information Center. (c) A person who earns discharge and completion of his or her sentence under this subchapter is […]
§ 16-90-1416. Release of sealed records
(a) The custodian of a sealed record shall not disclose the existence of the sealed record or release the sealed record except when requested by: (1) The person whose record was sealed or the person’s attorney when authorized in writing by the person; (2) A criminal justice agency, as defined in § 12-12-1001, and the […]