Arkansas: Adult Convictions (AR-C-2)

Records relating to misdemeanor convictions defined in section 16-90-1405(b)(1) can be sealed by the court five years after sentence completion. Ark. Code Ann. § 16-90-1405(b)(1).

Record Detail(s)

Misdemeanor

Previous Conviction Disqualifying

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

A person cannot file a petition to seal a record of his or her misdemeanors or violation for traffic offenses, other than specified violations, that were committed while he or she was a holder of a commercial driver license. Ark. Code Ann. § 16-90-1405(b)(6)(A)..

Procedure General

The uniform petition must be filed in the court in which the petitioner was convicted for the offense at issue. Ark. Code Ann. § 16-90-1413(a). For the specific procedure, see Ark. Code Ann. §§ 16-90-1401 et seq. There is no limit to the number of times a person can file a petition to seal the record of a misdemeanor, but the petitioner must wait one year from the date that the order denying his or her previous petition for the offenses listed in section 16-90-1405(b)(1) was issued before filing a new petition. Ark. Code Ann. § 16-90-1405(b).

Fees

There are no fees. Ark. Code Ann. § 16-90-1419.

Effect

Upon entry of the uniform sealing order, the underlying conduct is deemed as a matter of law to never have occurred, and the person can state that the conduct did not occur and that a record does not exist. Ark. Code Ann. § 16-90-1417(b). Sealed records are not available for general access unless otherwise authorized by law. Ark. Code Ann. §§ 16-90-1413(h), 16-90-1416, 16-90-1417(b)(2).

Forms

There is no statutory language on forms.

Waiting Periods

The petition can be filed five years after sentence completion.

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