Arkansas: Adult Convictions (AR-C-5)

The governor shall notify the court upon issuing a pardon, and the court shall seal the record of the conviction of the person pardoned. Ark. Code Ann. § 16-90-1411(a)(1).

Record Detail(s)

Youthful offense

Pardon

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

Despite a person being pardoned, certain convictions on his or her record are ineligible to be sealed. Ark. Code Ann. § 16-90-1411(a)(3)..

Procedure General

The procedure is automatic. The record is sealed via court's own motion following notification of the pardon by the governor. Ark. Code Ann. § 16-90-1411(a)(1).

Fees

There is no statutory language regarding fees.

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). An order to seal a record means to expunge, remove, requester, and treat as confidential the record in question. It does not include the physical destruction of a record of conviction unless specified. Ark. Code Ann. § 16-90-1404(4). The court clerk, prosecuting attorney, and arresting agency remove and sequester the listed records. Ark. Code Ann. §§ 16-90-1413(e)-(g).

Forms

There is no statutory language on forms.

Waiting Periods

The record can be sealed immediately upon notice of pardon.

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