Sealing And Expunging Criminal Records In Arkansas

Arkansas State law provides provisions for residents who wish to expunge a criminal record. For such individuals, the sealing or expungement of their criminal records allows them to enjoy social privileges that may otherwise be hindered by having a publicly accessible criminal record. Both convicts and victims are affected by information about a criminal's history. As such, either or both parties qualify to request that a record be sealed or expunged.

The Difference Between Sealing And Expunging Criminal Records In Arkansas

In Arkansas, criminal records are sealed when all or some information contained in the document is restricted from public access. However, expungement means that the documents are destroyed rather than restricted. Although both processes yield similar results, Arkansas offers no expungement options for adult criminal records, except for juvenile criminal records.

How To Seal a Criminal Record In Arkansas

Follow these steps to get a criminal record sealed in Arkansas:

• Get a copy of a judgment and commitment order form from the clerk’s office of the court that issued the sentence.
• Pay the required fee. There is no fixed cost, but it covers the service of making copies.
• Request and get a copy of the Arkansas Crime Information Center criminal history record. This document provides detailed information about the criminal history of the individual.
• Gather all necessary documents. Among them is evidence of completion of sentence, proof of payment at the sheriff’s Department, and proof of completion of probation at the probation department.
• Download, fill out, and file a uniform petition to seal in the Circuit or District Court that issued a sentence. The forms are available at the Arkansas Crime Information Center Forms Page. Read through the instructions carefully to determine which form applies.
• Submit the forms. There is no filing fee involved in this process.
• Make three copies of all documents and bring them along to the Circuit Court Clerk or District Court clerk’s office that filed charges. Use the court location directory to find the addresses for the Circuit Court and District Court clerks.
• File the petition and supporting documents with the relevant clerk’s office.
• Submit a copy of the filed legal forms: one to the prosecuting attorney’s office and the other to the arresting agency.
• Allow for processing time. Generally, objections from the District Attorney to seal a misdemeanor conviction are filed within 30 days. Such objections clearly state the reasons for the opposition. If it is a felony conviction, the waiting period is 90 days.
• If the sealing authority grants the petition, it issues a uniform order to seal with the court clerk. Subsequently, the clerk makes copies of the document and sends them to all state repositories of criminal information, including the prosecutor's arresting agency, ACIC, and the Administrative Office of the Courts.

What Crimes Can Be Expunged In Arkansas?

Arkansas has an extensive list of crimes eligible for sealing. Note that sealing is the expungement process for adult criminal records.

• Arrest without charges for an entire year
• Charges that led to a dismissal, acquittal, or Nolle prosequi for an entire year
• First offense bearing a deferred sentence and probation
• Offenses with community corrections as sentences
• Misdemeanors
• Nonviolent class C or D felonies
• Selected drug-associated class A or B felonies
• Unclassified felonies
• Prostitution offenses because of being a victim of human trafficking
• Convictions with a governor’s pardon

Ineligible offenses include:

• Class A, B, and Y felonies exception being drug-related cases
• Manslaughter
• Sex crimes
• Violent felonies
• Felony convictions that resulted in incarceration terms at the Department of Corrections
• Felony traffic offenses

It is generally mandatory to have completed sentences, paid restitution, court fees, and reinstated fees to qualify for the sealing process.

Most first-offender non-felonies are eligible for automatic expungement, with no waiting period after the application is submitted. The same rule applies to misdemeanor convictions and nonviolent felony convictions. The following crimes require a five-year waiting period after completion of the sentence to apply for record sealing:

• Indecent exposure
• Public sexual inappropriateness
• A DUI
• A violent class C or D felony
• 3rd-degree battery

During the waiting period, there should not be any pending charges or additional convictions.

Can a Felony be Expunged in Arkansas?

In Arkansas, full expungement, which is a total erasure of adult felony convictions, is generally not permitted under the law. The law allows for the sealing of certain felony records under the Comprehensive Criminal History Sealing Act, codified in Arkansas Code § 16-90-1401 et seq.

Arkansas’ Criminal Record Sealing Act allows individuals with a non-violent Class C or D, or certain drug felony convictions to petition to have the record sealed immediately after completing their sentence.

Some felonies that are not eligible for sealing under Ark. Code § 16-90-1408 include:

• A Class Y felony, Class A felony, or Class B felony.
• Manslaughter.
• Felony sex offense or a felony involving violence.
• An unclassified felony if the maximum punishment for the unclassified felony is more than ten (10) years.

For most eligible felonies, applicants may petition to have the record sealed immediately upon completion of the sentence under § 16-90-1406(a). But for violent Class C or D felonies, a 5-year waiting period is required after completing the sentence.

In addition to the eligibility requirements, courts often look at the petitioner's criminal history, whether any new offenses have occurred, the nature of the original crime, and whether sealing serves the interests of justice

How To Expunge Criminal Records In Arkansas

The law reserves the expungement of criminal records only for juvenile criminal records. It is an automatic process that goes active when a juvenile clocks 21 years of age. The court keeps delinquency adjudications arising from adult criminal trials for ten years after the filing. Cases like this are subject to expungement at the court's discretion. Otherwise, juvenile records get routinely expunged by default.

Do Sealed Records Show Up In Arkansas Background Checks?

No. Sealed records are not visible in Arkansas with criminal background checks. The reason is that sealing processes in Arkansas have the same impact as an expunction process, only that the authorities keep the files. It is visible only to court authorities and law enforcement agencies upon request. When a record is sealed, most of the rights and privileges of the individual are generally restored.

Who Can See Sealed Criminal Records In Arkansas?

Sealed criminal records are invisible to members of the public. The court authorities do not release criminal records to a requester unless they have a court order. However, the law allows state entities, boards, or law enforcement agencies to see sealed records.

How Can I Get My Record Expunged for Free in Arkansas?

Arkansas does not charge a filing fee for the sealing petition under the sealing act. That means applicants can file without paying a court fee in many cases.

While the procedure itself may not incur any fees, certain costs, such as filing fees and background checks, which usually range from $50 to $200 (depending on the county), may apply. These fees are often non-refundable, even if a petition is denied. Individuals can avoid significant costs by following these steps:

• Determine eligibility.
• Acquire relevant court documents.
• Fill out a “Petition to seal” form and file it in the court where the case was handled.
• Attend a hearing where a judge will rule on the petition, if necessary.

Before an individual can file for a petition, the following is required:

• Their full legal name and date of birth
• Case number and court location of conviction
• Proof of sentence completion (including probation or parole, payment of fines/restoration of rights)
• A copy of their criminal history from the Arkansas Crime Information Center

How To Get Sealed Records In Arkansas

Unless the requester represents a government agency, sealed records are not available without a court order. To get a court order, file a petition with the court of the current jurisdiction on the case, clearly stating the arguments for granting access. After a scheduled hearing, the judge decides based on the law’s guidelines whether the request has merit. If merit is found, the judge typically issues a court order, which requesters then submit along with a request to view the sealed record.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. Additionally, third-party sites often feature search engines that allow users to filter specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability cannot be guaranteed.

Note: Court orders are generally valid only for one viewing or copying event.