Arkansas: Adult Convictions (AR-C-8)

Records relating to a conviction for a violent Class C or Class D felony can be sealed five years after sentence completion, provided the person has no more than one previous felony conviction. Ark. Code Ann. § 16-90-1406(b).

Record Detail(s)

Felony

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

Ark. Code Ann. § 16-90-1408.

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 specific procedure, see Ark. Code Ann. §§ 16-90-1401 et seq. Before filing a new petition, petitioner must wait one year from the date of the order denying the previous petition. Ark. Code Ann. § 16-90-1413(a)(2).

Effect

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 listed records. Ark. Code Ann. §§ 16-90-1413(e)-(g).

Forms

There is no statutory language on forms.

Waiting Periods

The petition can be filed five years after sentence completion.

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