§ 16-90-1401. Title
This subchapter shall be known and may be cited as the “Comprehensive Criminal Record Sealing Act of 2013”.
§ 16-90-1402. Intent
(a) The General Assembly recognizes that historically the laws of this state involving the procedure a person must follow to have his or her prior criminal history information sealed have been confusing, from the standpoint of both practicality and terminology. (b) It is the intent of the General Assembly to provide in clear terms in […]
§ 16-90-1403. Scope
(a) This subchapter governs all proceedings involving the sealing of criminal records. (b) Inconsistencies between this subchapter and any other sections within the Arkansas Code in existence January 1, 2014, are resolved in favor of this subchapter, except that this subchapter does not apply to: (1) The Arkansas Drug Court Act, § 16-98-301 et seq.; […]
§ 16-90-1404. Definitions
As used in this subchapter: (1) “Completion of a person’s sentence” means that the person, after being found guilty: (A) Paid his or her fine, court costs, or other monetary obligation as defined in § 16-13-701 in full, unless the obligation has been excused by the sentencing court; (B) Served any time in county or […]
§ 16-90-1405. Eligibility to file a uniform petition to seal a misdemeanor offense or violation
(a) A person is eligible to file a uniform petition under this subchapter to seal his or her record of a misdemeanor or violation immediately after: (1) The completion of his or her sentence for the misdemeanor or violation, including full payment of restitution; (2) Full payment of court costs; (3) Full payment of driver’s […]
§ 16-90-1406. Felony convictions eligible for sealing
(a) Unless prohibited under § 16-90-1408, a person may petition a court to seal a record of a conviction immediately after the completion of the person’s sentence for: (1) A nonviolent Class C felony or nonviolent Class D felony; (2) An unclassified felony; (3) An offense under § 5-64-401 et seq. that is a Class […]
§ 16-90-1407. Special procedures for sealing a controlled substance possession conviction
A person may petition the court to seal a record of a conviction for possession of a controlled substance, § 5-64-419, or counterfeit substance, § 5-64-441, upon the completion of the person’s sentence if, prior to sentencing: (1) An intake officer appointed by the court, where applicable, determines that the person has a drug addiction […]
§ 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 […]
§ 16-90-1416. 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 […]
§ 16-90-1417. Effect of sealing
(a) (1) A person whose record has been sealed under this subchapter shall have all privileges and rights restored, and the record that has been sealed shall not affect any of his or her civil rights or liberties unless otherwise specifically provided by law. (2) A person who wants to reacquire the right to vote […]
§ 16-90-1418. Uniform petition and uniform order — Creation
The Arkansas Crime Information Center shall develop and draft the form to be used for the uniform petition and uniform order under this subchapter.
§ 16-90-1419. Filing fee
The circuit clerk or district court clerk shall not collect a fee for filing the uniform petition under this subchapter.