March 2012
ALSP Law Series
A Collaboration of
Center for Arkansas Legal Services, Legal Aid of Arkansas & Arkansas Volunteer Lawyers for the Elderly
EXPUNGEMENT
Expungement is the removal of police and court
records from public inspection. Your records will not
be physically destroyed, but they will be sealed and
treated as confidential.
HOW CAN MY RECORDS BE EXPUNGED?
• In most cases, you must have pleaded guilty or nolo
contendere (no contest) to the offense to qualify.
• You must have been sentenced under a statute that
allows for expungement. And you must have
completed all the terms and conditions of your
probation. Also, you cannot have had prior felony
convictions.
• Sexual offenders
whose victims were under the age
of (18) years are not eligible
to have the offense
expunged.
WHAT RECORDS CAN BE EXPUNGED?
• Drug Court Probation: if you have completed a
drug court program, and received aftercare
programming, then you may be eligible to receive an
expungment. In addition, the judge must have
received a recommendation from the prosecuting
attorney for expungment and dismissal of the case,
and must feel that it is appropriate to grant a petition
for expungment.
A.C.A. § 16-98-303(g). (This does not
apply if you have pled nolo contendre or guilty to the following:
residential burglary, commercial burglary, breaking and
entering, or having four or more offenses of DWI).
• Minor: Non-violent Felony Offenders: if you were
convicted of a non-violent felony committed while
you were under the age of eighteen (18) you may
have your record expunged if the court determines
that it is in the best interest of the petitioner and the
state.
A.C.A. §16-90-602
•
Misdemeanor: a person convicted of a
misdemeanor offense shall have their record
expunged unless the court is presented with clear
and convincing evidence that it shouldn’t be.
A.C.A.
§16-90-904. (This does not apply to negligent homicide
[if a Class A felony], battery in the third degree, indecent
exposure, public sexual indecency, sexual assault in the
fourth degree, domestic battering in the third degree, or
driving while intoxicated. The records mentioned directly
above may be expunged after a period of five years has
passed since the completion of the person’s sentence).
Nolle Prossed, Dismissed or Acquitted: Any individual
who has been charged and arrested for a criminal offense
and saw the charges dropped or dismissed and any
individual was acquitted at trial may have all arrest
records, petitions, orders, docket sheets and any other
documents relating to the case expunged.
A.C.A. § 16-90-906
Probation: Possession of a Controlled Substance: If a
defendant pleads guilty of possession of a controlled
substance, the court may place the defendant on
probation for a period at least one year. After completing
the terms and conditions, the court shall discharge the
person and dismiss the proceedings against him or her.
A.C.A. § 5-64-413 (This does not apply if you have
previously plead guilty or nolo contendere or been found
guilty of any Controlled Substance offense or any state offense
relating to narcotic drugs, marijuana, stimulants, depressants,
or hallucinogenic drugs and does not apply for substances
listed under Schedule I)
.
Probation: First Time Offenders: If a defendant pleads
guilty or no contest, the court may place the defendant
on probation for a period of at least one year. You must
have been sentenced under the act and can only use this
act once. After completion of the terms and conditions of
probation, the court shall dismiss the case and expunge
the record.
A.C.A. § 16-93-303. (This does not apply if you
received a fine greater than $3,500 or if you were sentenced to
prison or regional correction facility.)
Probation or Jail Sentence: Upon a successful
completion of probation, commitment to the Department
of Correction with judicial transfer to the Community
Correction, or a commitment to a county jail for one of
the offenses targeted for community correction
placement, the court may direct that the record of the
offender be expunged.
A.C.A. §16-93-1207. (This does not
apply if you were convicted for a capital offense, murder,
rape, kidnapping, or aggravated robbery. If your conviction
occurred prior to 1993, you must have been specifically
sentenced under the act in order to be eligible.)
1-800-9 LAW AID or www.arlegalservices.org
March 2012
ALSP Law Series
A Collaboration of
Center for Arkansas Legal Services, Legal Aid of Arkansas & Arkansas Volunteer Lawyers for the Elderly
1-800-9 LAW AID or www.arlegalservices.org
HOW TO FILE FOR EXPUNGEMENT
If you are eligible to have an offense expunged then you
can file a petition to seal your records. The uniform
Petition and Order to Seal can be found at
www.arlegalservices.org
.
You must file the Petition and the Order to Seal in the
circuit or district court of the county where the crime
was committed.
After you file your petition, a copy will be sent to the
prosecutor and the arresting agency. Anyone who is
against having your record sealed must file a notice of
opposition with the court within 30 days of your petition
filing. They must explain why they do not want your
record sealed.
The court may grant the petition without a hearing if no
one is opposed to it. But if notice of opposition is filed,
the court will set a hearing date for you to go before a
judge. If the judge decides your record should be sealed,
then he or she will sign the order (See attached Order
form) for your records to be sealed. The signed order
must be filed with the court clerk.
WHO CAN SEE SEALED RECORDS?
Normally only you or your attorney can have access to
your sealed records. But in some cases others may
request your records. This could be the case if you apply
for a job as a teacher, day care worker, nursing home
employee or as an employee of a criminal justice
agency. The Arkansas Crime Information Center may
have access to your sealed records.
Also, a prosecuting attorney may request to view your
sealed records if you are being prosecuted for another
crime. And if you are convicted of a crime after your
records have been sealed, the judge may request to view
your sealed records.
WHAT HAPPENS TO MY RECORDS?
The court clerk will remove all documents relating to
your case and place them in a file, in a separate and
confidential holding area within the clerk's office. Also,
any electronic records must also be sealed.
CAN I NOW CARRY A FIREARM?
Arkansas law does not allow an expungement to restore
your right to carry a firearm unless the governor
expressly restores it by receiving a pardon. However, if
you were sentenced under the First Time Offender Act
(listed above), you do not need to get a pardon in order
to be eligible to carry a firearm. A.C.A. §5-73-101(2).
IS MY RIGHT TO VOTE RESTORED?
Under Arkansas law, a convicted felon can register to
vote without an expungement. They must provide proof
to the county clerk that they have been discharged from
probation or parole, have paid all probation and parole
fees, or have satisfied all terms of imprisonment and
paid all fines, court costs and restitution.
This proof can be provided to you by the Arkansas
Department of Correction, the Department of
Community Corrections, the appropriate probation office
or the circuit clerk as applicable.
The ALSP Law Series is produced by the Arkansas Legal Services
Partnership, a collaboration of the Center for Arkansas Legal
Services and Legal Aid of Arkansas, Inc. These nonprofit
organizations provide free legal services to eligible Arkansans who
meet income, asset and other guidelines. Legal services may include
advice and counsel, brief services, or full representation depending
on the situation. Additional information can be found at:
http\\www.arlegalservices.org. To apply for services, call 1-800-
9LAW AID.
The information and statements of law in this fact sheet should not be
considered legal advice. This fact sheet is provided as a broad guide
to help you understand how certain legal matters are handled in
general. Courts may interpret the law differently. Before you take
action, talk to an attorney and follow his or her advice. Always do
what the court tells you to do.
