Felony, Misdemeanors And Infractions In Arkansas

The Arkansas justice system defines offenses as any conduct that violates the law and is punishable by imprisonment, fines, or both. Arkansas law classifies criminal offenses into felonies, misdemeanors, and infractions. Felonies are the most serious crimes in Arkansas. A felony conviction typically stays on someone's criminal record permanently, unless the offense qualifies for sealing under the state's Comprehensive Criminal Record Sealing Act. Following convictions, the court typically imposes sentences within the penalty range set by law for felony classes, taking into account the seriousness of the offense and the circumstances of the case. In addition to the criminal offense categories and sentencing ranges, the Arkansas statutes of limitations set the legal time limits for filing charges in the Natural State.

What Is a Felony In Arkansas?

In Arkansas, felonies are serious crimes that are punishable by more than one year imprisonment in a state prison. Felonies are the highest-ranked crimes in Arkansas.

Arkansas law (Ark. Code Ann. § 5-4-401(a)) classifies felonies into five categories (Y, A, B, C, D) and unclassified felonies. Class Y felonies are the most severe offenses, carrying the harshest penalties, and Class D felonies are the least serious. Unclassified felonies typically have their sentences specified in the criminal statute. In Arkansas, capital murder carries the death penalty (Ark. Code Ann. § 5-10-101(c)).

The authorized sentences for felony classes and examples of crimes within each class are discussed below:

Class Y Felonies

In Arkansas, Class Y felonies are the most serious crimes that carry the harshest punishments except the death penalty. Individuals convicted of a Class Y felony may face prison terms ranging from 10 to 40 years or life imprisonment. Some crimes classified as Class Y felonies include rape, drug trafficking (possessing 500 pounds of marijuana), kidnapping, and unlawful discharge of a firearm from a vehicle.

Class A Felonies

In Arkansas, felony crimes classified as Class A are punishable by 6 to 30 years in a state correctional facility and fines of up to $15,000. Some common examples of felonies in this category are domestic battering in the first degree, second-degree murder, and aggravated residential burglary.

Class B Felonies

Class B felonies (e.g., possession of between 25 and 100 pounds of marijuana, witness intimidation, arming rioters, and sexual extortion) carry prison sentences ranging from 5 to 20 years and fines up to $15,000.

Class C Felonies

Individuals convicted of Class C felonies may face jail terms ranging from three to ten years and fines of up to $10,000. Class C felonies comprise offenses such as theft of a firearm, operating a chop shop, and disarming an officer.

Class D Felonies

This category (Class D felonies) contains the least serious crimes in Arkansas. Those convicted of Class D felonies may face up to 6 years in prison and fines up to $10,000. Some common types of Class D felonies include property theft ($1,000 to less than $5,000 value), vandalism (property damage value between $1,000 and $5,000), reckless burning, abuse of a vulnerable person, and aggravated assault.

Unclassified Felonies

The general class scheme does not cover unclassified felonies. Sentencing for this category of felonies is set statute by statute. For instance, trafficking of fentanyl (unclassified felony) carries a sentence of 25 to 60 years or life in prison. Likewise, certain felony DWIs have penalties ranging from one to 10 years in prison.

Capital Murder

In Arkansas, capital murder crimes are punishable by life sentences without parole or the death penalty.

What Are Some Examples Of Felonies In Arkansas?

Offenses commonly categorized as felonies in Arkansas include:

• Murder
• Arson
• Fraud
• Sex Offenses
• Armed robbery/Burglary
• Retail theft or shoplifting
• Drug felonies (including production, possession, and trafficking).
• Pornography (particularly child pornography)
• Identity theft
• Domestic violence (domestic battering in the first degree)

Can I Get A Felony Removed From A Court Record In Arkansas?

Yes, in some instances, individuals may have their felony convictions removed from court records after meeting specific requirements. For example, the court may expunge a person's juvenile records upon reaching the age of 21 (Ark. Code § 9-27-309(b)(2)). Regarding adult records, eligible persons may petition for the sealing of their criminal records under the Comprehensive Record Sealing Act of 2013. Under the revised law (effective January 1, 2014), adult felony records are eligible for sealing (not expungement) pursuant to Ark. Code Ann. § 16-90-1410. This law allows any adult who has been acquitted of all charges for a crime previously accused of, or one for which no guilty verdict was issued, to petition the court to have all criminal and arrest records related to the crime removed from public records.

Eligibility Requirements

To be eligible for sealing, applicants are generally expected to:

• Plead guilty or no contest to the offense to qualify.
• Have been sentenced under a statute that permits expungement
• Completed all the terms and conditions of their probation
• Have no prior felony convictions.

Note: Individuals who committed sexual crimes with victims under the age of 18 are not eligible for expungement.

Expungement Process

• Applicants are generally expected to complete the Uniform Petition to Seal form and file it in the circuit or district court of the county where the crime was committed and a conviction entered.
• After three days of filing, they are expected to serve a copy of their petition on the prosecuting attorney and (if applicable) the arresting agency.
• The prosecutor (or any other party served) has 30 days to file a notice of opposition with the court. The opposing party is typically expected to state reasons why the record should not be sealed.
• If there is no opposition to the petition filed within 30 days, the judge may grant the petition without a hearing and sign the Order to Seal form.
• If there is opposition to the petition, the court typically sets a hearing date where the petitioner, the prosecutor, and any objecting agency will appear before a judge. At the hearing, the judge will decide whether the records should be sealed or not.
• If the judge approves, they will sign the Order form, which is to be filed with the court clerk. This order typically mandates the clerk of court, law enforcement, and the Arkansas Crime Information Center (ACIC) to seal the petitioner's record from public access.

Offenses Ineligible for Expungement (Sealing)

Offenses that are not eligible to be sealed pursuant to Ark. Code Ann. § 16-90-1408 include:

• Class Y, Class A, or Class B felonies (except in limited cases under § 16-90-1406)
• Manslaughter (Ark. Code § 5-10-104)
• Any unclassified felony with a maximum sentence of over 10 years
• Any sexual crime
• Any violent felony, as defined in § 5-4-501(d)(2)
• A felony traffic offense committed by a holder of a commercial driver's license (CDL) or commercial learner’s permit (CLP), excluding parking, vehicle weight, or vehicle defect violations.

Is Expungement The Same As Sealing Court Records In Arkansas?

In Arkansas, expungement and sealing are treated the same. "Expungement" is an older term that is still informally used, while "sealing" is the current legal term. Nonetheless, they both mean the same thing in practice. When a record is sealed, pursuant to Ark. Code Ann. § 16-90-1401 et seq. (Comprehensive Criminal Record Sealing Act), it is removed from public view. This allows the subject of the record to treat it as if it never occurred (Ark. Code § 16-90-1417), making it invisible to most employers during background checks. However, such records are usually accessible to authorized government agencies, such as law enforcement or the courts.

How Long Does a Felony Stay on Your Record in Arkansas?

In Arkansas, the criminal record of an individual convicted of a felony usually remains on their record indefinitely. This means that such records may appear to requesters during background checks at any time.

Arkansas does not provide automatic sealing of criminal records after a specified waiting period, unlike some other states. However, individuals wishing to limit public access to their felony convictions may undergo the Petition and Order to Seal process under the Comprehensive Criminal Record Sealing Act of 2013 (Ark. Code Ann. § 16-90-1401 et seq.).

In Arkansas, sealed conviction records are typically treated as if they never occurred for most purposes. This allows the petitioner to legally claim they have never been convicted, except in situations such as when applying for law enforcement jobs or while accessing the Arkansas Crime Information Center.

What Are Misdemeanors In Arkansas?

In Arkansas, misdemeanors are offenses that are less severe than felonies but serious enough to warrant jail terms as punishment. Arkansas law (§ 5-1-107) defines misdemeanors as offenses punishable by imprisonment of up to one year in a county or local jail (not state prison). Just like felonies, misdemeanors are also grouped into classified (A, B, C) and unclassified categories.

The categories of misdemeanor and examples of each group are as follows:

• Class A: Up to 1 year jail, $2,500 fine (e.g., theft under $1,000, third-degree battery).
• Class B: Up to 90 days jail, $1,000 fine (e.g., some forms of criminal trespass).
• Class C: Up to 30 days jail, $500 fine (e.g., public intoxication).
• Unclassified: Punishment set by the specific statute.

Punishments for misdemeanor offenses may include jail, fines, probation, or community service. Arkansas misdemeanor records may also be eligible for expungement under the Comprehensive Criminal Record Sealing Act after completion of the sentence (§ 16-90-1405).

What Are Some Examples Of Misdemeanors In Arkansas?

Some notable examples of misdemeanors in the state of Arkansas include:

• Reckless driving,
• prostitution,
• battery in the third degree
• Gambling (keeping a gambling house or using gambling devices)
• indecent exposure
• gambling,
• DWI/DUI (First, non-aggravated)
• Public intoxication
• disorderly conduct/disturbing the peace

Can I Get a Misdemeanor Removed from a Record in Arkansas?

Arkansas allows eligible persons to seal their misdemeanor records. Individuals who undergo the sealing process will have their criminal records removed from public view and treated as confidential. However, these records are not destroyed; they are only made inaccessible to the general public. The consequence of sealing one’s misdemeanor information is that the law considers such records never to have occurred.

After sealing/expunging misdemeanor records, access to such records is limited to authorized government agencies, such as the courts, prosecutors, criminal justice agencies, specified licensing boards, and ACIC, as outlined in Ark. Code Ann. § 16-90-1416.

In Arkansas, an applicant can file a Uniform Petition to Seal misdemeanor records immediately after completing their sentence and making all required payments, including restitution, court costs, and any DUI reinstatement obligations. Some misdemeanors have a five-year waiting period before sealing, including:

• Negligent homicide (Class A misdemeanor)
• Third-degree battery
• Indecent exposure
• Public sexual indecency
• Fourth-degree sexual assault
• Third-degree domestic battering

Note: Commercial Driver's License (CDL) and Commercial Learner's Permit (CLP) traffic offenses are not eligible for sealing.

Can a DUI Be Expunged in Arkansas?

According to the Comprehensive Criminal Record Sealing Act, an individual convicted of a misdemeanor DWI (§ 5-65-103) may file a Uniform Petition to Seal if they have:

• Fulfilled all terms of their sentence
• Made all relevant payments and driver-license reinstatement requirements (§ 16-90-1405(a)), and
• The mandatory lookback period (§ 5-65-111) has elapsed (currently 10 years for subsequent DWI offenses).

Applicants who were not convicted (arrest with no charge within one year, or charges were dismissed, nolle prossed, or defendant was acquitted) may petition to have their records sealed under §§ 16-90-1409–1410.

How is a DUI punished in Arkansas?

In Arkansas, the penalties for DWIs generally increase with each new conviction. To determine how many times drivers have been convicted, the state reviews their records for the past 10 years.

First DWI Offender

A first DWI is a misdemeanor that carries the following penalties:

• Jail Term: 24 hours to one year
• Fine: $150 to $1,000 in fines, and
• a license suspension (see below)
• If a passenger under 16 was in the vehicle, the minimum jail sentence is seven days.

Second DWI Offender

A second DWI offense within the past 10 years is a misdemeanor and has the following penalties:

• Jail Term: seven days to one year
• Fine: $400 to $3,000
• If there was a passenger under 16 in the vehicle, the minimum jail term is 30 days.

Third DWI Offender

A third DWI offense within the past 10 years (misdemeanor) has the following penalties:

• Jail Term: 90 days to 1 year
• Fine: $900 to $5,000
• If there was a passenger under the age of 16 in the vehicle, the minimum jail sentence is 120 days.

Community Service

In some misdemeanor DWI cases, a judge may mandate community service instead of jail time (for at least part of the sentence). Nonetheless, the judge must have reasonable cause and explain that they are not imposing jail time. (Ark Code § 5-65-111, 2025).

License Suspensions for DWIs

• First offense: up to 6 months
• Second offense: up to 24 months
• Third offense: up to 30 months

What Constitutes An Infraction In Arkansas?

Arkansas law defines an offense as a violation if it is specifically labeled as such by the Arkansas Criminal Code or another statute. Regardless of how a statute names it, an offense is a violation if the only penalty it carries is a fine, forfeiture, or civil penalty, and no jail time is involved.

Unlike most U.S. states, which refer to minor, non-criminal offenses as "infractions", Arkansas legally labels such offenses "violations". In Arkansas, violations typically comprise local ordinance violations and other statutes that carry fines only as penalties. This covers most local ordinance breaches and some minor traffic or equipment issues (e.g., noise violations, broken taillights, or faulty headlamps).

In Arkansas, most offenses that appear minor are often legally classified as misdemeanors, rather than violations. Such crimes include petty theft, trespassing, loitering, disorderly conduct, numerous traffic offenses (e.g., reckless driving, speeding 15+ mph over), passing a stopped school bus, leaving the scene of an accident, and adult DWI. In essence, an offense is considered a violation (or infraction) if it is punishable by no more than a fine; if a jail term is involved, it is not classified as a violation.

What Are Some Examples Of Infractions In Arkansas?

In Arkansas, minor non-criminal offenses are typically not referred to as "infraction". The statutes refer to such offenses as violations. Nonetheless, some offenses that correspond to infractions under Arkansas law include:

• Local ordinance violations (speeding under local ordinance, noise violations, etc.)
• Environmental regulation violations (e.g., continued violation of environmental statutes)
• Statutory violation level traffic or equipment infractions, such as parking violations (e.g., expired meter, no-parking zone), broken tail lights or faulty headlamps (equipment failure)

What is Deferred Adjudication in Arkansas?

In Arkansas, deferred adjudication is a process under the First Offender Act where an individual with no prior felony conviction pleads guilty or nolo contendere (no contest) to a charge, with the suspended imposition of sentence. In other words, deferred adjudication is a plea deal involving the following elements:

• The individual pleads guilty or no contest
• The judge withholds a finding of guilt.
• The individual successfully completes their probation and other court-imposed requirements.
• The case is subsequently dismissed without a conviction.

Under § 16-93-303, a defendant who has successfully completed the process above may legally claim (in most cases) not to have a felony record. However, this may not apply to cases involving sentencing, criminal history determinations, impeachment, or habitual offender status.
In instances where a defendant violates their probation and fails to satisfy the conditions, the court may proceed to enter a judgment of guilt and impose a sentence as if the deferral had not been granted.

Arkansas also has a pre-adjudication probation system (Ark. Code § 5-4-901 et seq.). This is a sentencing alternative where adjudication is withheld pending the completion of probationary conditions. If successful, dismissal and sealing may follow.

To qualify for deferred adjudication in Arkansas, an individual is expected to be:

• A first-time offender
• With no prior convictions or diversions, and
• Only nonviolent offenses are eligible

Deferred adjudication is not a standalone label under Arkansas law. Processes similar to deferred adjudication are available under the First Offender Act (Ark. Code §§ 16-93-301 through 16-93-303) and include provisions for pre-adjudication probation.

Types of Crimes Eligible for Deferred Adjudication in Arkansas

Under Arkansas law, an individual facing a felony charge is typically eligible for pre-adjudication probation if the circuit court and prosecuting attorney agree to allow it (§ 5-4-904(b)(1)). However, the felony must not be on any exclusion list (e.g., sex offender registration, violent felony, or crimes against vulnerable persons). Traffic offenses committed by CDL or CLP holders are also ineligible unless they are parking, weight, or defect violations (§ 5-4-904(c)(1)–(2)).