Arkansas: Adult Convictions (AR-C-3)

Records relating to felony convictions specified in section 16-90-1406(a) can be sealed by the court after sentence completion, provided the person has no more than one previous felony conviction, sealed or otherwise. Ark. Code Ann. § 16-90-1406.

Record Detail(s)

Felony

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

Convictions listed in section 16-90-1406 are eligible for sealing. See section Ark. Code Ann. § 16-90-1408. for convictions that are ineligible for sealing.

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. Before filing a new petition, the petitioner must wait one year from the date that the order denying his or her previous petition was issued. Ark. Code Ann. § 16-90-1413(a)(2).

Fees

There is no filing fee. see 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 immediately after sentence completion.

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