Arkansas: Adult Non-Conviction Arrests (AR-NC-2)

Records relating to a case resulting in nolle prosequi upon motion of the prosecuting attorney can be sealed by the court one year after the date the nolle prosequi was entered. Ark. Code Ann. § 16-90-1410(a)(1).

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the court in which the nolle prosequi order was entered. Ark. Code Ann. § 16-90-1410(b). For the specific procedure, 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 the previous petition was issued. Ark. Code Ann. § 16-90-1413(a)(2).

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). 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 petition can be filed one year after the date the nolle prosequi was entered.

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