Arkansas: Adult Non-Conviction Arrests (AR-NC-3)

Records relating to a case can be sealed by the court immediately upon an order of dismissal, a prosecuting attorney's decision not to file charges, or an acquittal, unless the acquittal was for reason of mental disease or defect. Ark. Code Ann. §§ 16-90-1410(a)(2)-(4).

Record Detail(s)

Charges resolved in favor of defendant

Charges not filed

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 order of dismissal or acquittal was entered. Ark. Code Ann. § 16-90-1410(b). If the prosecuting attorney decided not to file charges, the a petition should be filed in the circuit court or district court in the county in which the arrest was made. Ark. Code Ann. § 16-90-1409(b). For specific procedure, see Ark. Code Ann. §§ 16-90-1401 et seq. Before filing a new petition, petitioner must wait 1 year from the date of the order denying the previous petition before filing a new petition. 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 immediately upon an order of dismissal, a prosecuting attorney's decision not to file charges, or an acquittal.

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