Arkansas: Adult Diversion/Deferral Program (AR-D-1)

Records relating to a case dismissed after successful completion of probation pursuant to section 16-93-303 are sealed by the court. Ark. Code Ann. §§ 16-93-303, 16-90-1401 et seq.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

Serious felonies involving violence or felonies involving violence and sexual offenses and are not eligible for sealing under this subchapter. Ark. Code Ann. § 16-93-303(a)(1)(B).

Procedure General

Upon successful completion of probation pursuant to section 16-93-303, the court shall enter an order to dismiss the case, discharge the defendant, and seal the record, if consistent with the procedures established in sections 16-90-1401 et seq., Ark. Code Ann. § 16-93-303(b).

Fees

There is no statutory language regarding fees.

Effect

After successful completion of probation, the person is considered to have a felony conviction only for the purposes listed in subsection (d). Ark. Code Ann. § 16-93-303(d).

Forms

There is no statutory language on forms.

Waiting Periods

The record can be sealed immediately upon dismissal.

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