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| Clearance policy overview | Records relating to a conviction for a felony offense may be expunged by the court after the petitioner has been granted a certificate of pardon with restoration of civil and political rights for the conviction from the Board of Pardons and other requirements are met. Code of Ala. § 15-27-2(c). | Records relating to charges for a felony offense that was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran's court, or any court-approved deferred prosecution program can be expunged by the court one year after completion of the program. Code of Ala. § 15-27-2(a)(6). | Records relating to a charge for a misdemeanor criminal offense, violation, traffic violation, or municipal ordinance can be expunged by the court immediately 90 days following dismissal of the charges with prejudice, a return of no bill by the grand jury, a finding of not guilty, or a nolle prosequi without conditions and the charge or charges have not been refiled. Code of Ala. § 15-27-1(a)(1)-(4). | Records relating to a charge for a misdemeanor criminal offense, violation, traffic violation, or municipal ordinance can be expunged by the court one year after the charge is dismissed without prejudice, so long as the charge has not been refiled and the petitioner has not been convicted of any offense other than minor traffic violations, during the previous two years. Code of Ala. § 15-27-1(a)(7). | Records relating to a charge for a felony criminal offense can be expunged by the court 90 days after dismissal with prejudice, a return of no bill by the grand jury, or a nolle prosequi without conditions and the charge or charges have not been refiled. Code of Ala. § 15-27-2(a)(1)-(4). | Records relating to a charge for a felony criminal offense can be expunged by the court five years after the charge is dismissed without prejudice, so long as the charge has not been refiled and the petitioner has not been convicted of any offense other than minor traffic violations during that time. Code of Ala. § 15-27-2(a)(7). | 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). | Records relating to juvenile delinquency charges and adjudications can be expunged at any time, so long as the person is not subject to a disqualifying event. Ark. Code Ann. § 9-27-309(b)(2). | Records relating to juvenile delinquency charges and adjudications shall be expunged when the person turns 21, so long as the person is not subject to a disqualifying event. Ark. Code Ann. § 9-27-309(a)(2). | Records relating to an adjudication for which a juvenile could have been tried as an adult can be expunged 10 years after the last adjudication of delinquency, date of a guilty or nolo contendere plea, or finding of guilt as an adult. Ark. Code Ann. § 9-27-309(b)(1)(A)(B). | Records relating to juveniles who are designated as extended juvenile jurisdiction offenders can be expunged 10 years after the last adjudication of delinquency, date of guilty or solo contendere plea, or finding of guilt as an adult, or when the person turns 21, whichever waiting period is longer. Ark. Code Ann. § 9-27-309(b)(2), (c). | Records relating to most misdemeanor convictions or violations can be sealed by the court after sentence completion, provided all fines, fees, and costs have been paid in full. Ark. Code Ann. § 16-90-1405(a). For offenses listed in section 16-90-1405(b)(1), the petition to seal cannot be filed until five years after sentence completion. | Records relating to misdemeanor convictions defined in section 16-90-1405(b)(1) can be sealed by the court five years after sentence completion. Ark. Code Ann. § 16-90-1405(b)(1). | Records relating to felony convictions specified in section 16-90-1406(a) can be sealed by the court after sentence completion, provided the person has no more than one previous felony conviction, sealed or otherwise. Ark. Code Ann. § 16-90-1406. | A record of conviction for possession of a controlled substance pursuant to section 5-64-419, or a counterfeit substance pursuant to section 5-64-441, can be sealed by the court immediately upon the person's sentence completion, provided that he or she meets the criteria specified in this section. Ark. Code Ann. § 16-90-1407. | A copy of a pardon issued before July 15, 1991, can be filed with the court. The court shall seal the record upon the filing of a copy of the pardon. Ark. Code Ann. § 16-90-1411(a)(2). | Records relating to a conviction for prostitution pursuant to section 5-70-102 can be sealed by the court if the conviction was obtained as a result of the petitioner's having been a victim of human trafficking. Ark. Code Ann. § 16-90-1412(b)(1). | 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). | 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. | Records relating to a case dismissed after successful completion of a drug court program can be sealed by the court. The drug court program judge can also order the sealing and dismissal of offenses falling within a target group under section 16-93-1202(10)(A)(i). Ark. Code Ann. § 16-98-303(g). |
| Ineligible Category or Citation | Violent offenses as provided in Code of Ala. § 12-25-32, offenses involving moral turpitude, as provided in Code of Ala. § 17-3-0.1, sex offenses, as provided in Code of Ala. § 15-20A-5, and serious traffic offenses, as provided in § 32-5A, are excluded. Code of Ala. § 15-27-2(c). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | A record relating to a delinquency adjudication for which a juvenile could have been tried as an adult is not eligible for expungement under this section. Ark. Code Ann. § 9-27-309(b)(1)(A). Records of juveniles who are designated as extended juvenile jurisdiction offenders are not eligible for expungement under this section. Ark. Code Ann. § 9-27-309(c). | A record relating to a delinquency adjudication for which a juvenile could have been tried as an adult is not eligible for expungement under this section. Ark. Code Ann. § 9-27-309(b)(1)(A). Records of juveniles who are designated as extended juvenile jurisdiction offenders are not eligible for expungement under this section. Ark. Code Ann. § 9-27-309(c). | There is no statutory language regarding ineligible offenses. | If an adult criminal sentence is imposed on an extended juvenile jurisdiction offender, the record of that case shall be considered an adult criminal record and is not eligible to be expunged under this section. Ark. Code Ann. § 9-27-309(d)(1). | A person cannot file a petition to seal a record of his or her misdemeanors or violation for a traffic offenses, other than specified violations, that were committed while he or she held a commercial driver license. Ark. Code Ann. § 16-90-1405(b)(6)(A). | A person cannot file a petition to seal a record of his or her misdemeanors or violation for traffic offenses, other than specified violations, that were committed while he or she was a holder of a commercial driver license. Ark. Code Ann. § 16-90-1405(b)(6)(A).. | Convictions listed in section 16-90-1406 are eligible for sealing. See section Ark. Code Ann. § 16-90-1408. for convictions that are ineligible for sealing. | There is no statutory language regarding ineligible offenses. | Despite a person being pardoned, certain convictions on his or her record are ineligible to be sealed. Ark. Code Ann. § 16-90-1411(a)(3).. | There is no statutory language regarding ineligible offenses. | Ark. Code Ann. § 16-90-1408. | 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). | Defendants charged with certain offenses are not eligible for participation in a drug court program, see Ark. Code Ann. § 16-98-303(c). Certain offenses within a target group under section 16-93-1202(10)(A)(i) are ineligible for sealing, see § 16-98-303(g)(2)(B). |
| Clearance Process | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Petition-based |
| Waiting Periods | The petitioner must wait 180 days from the issuance of the certificate of pardon. | The petition can be filed one year after successful completion of the program. | The petition can be filed immediately upon dismissal of the charges with prejudice, a return of no bill by the grand jury, or a finding of not guilty. | The petition can be filed two years after the charges are dismissed without prejudice. | The petition can be filed 90 days after dismissal of the charge with prejudice, a return of no bill by the grand jury, or a finding of not guilty or nolle prosequi, so long as the charge has not been refiled. | The petition can be filed five years after the charge is dismissed without prejudice. | The petition can be filed immediately upon an order of dismissal, a prosecuting attorney's decision not to file charges, or an acquittal. | A petition can be filed to expunge juvenile records at any time. Ark. Code Ann. § 9-27-309(b)(2). | The court shall expunge all the records of a juvenile when he or she turns 21. Ark. Code Ann. § 9-27-309(b)(2). | A petition can be filed 10 years after the last adjudication of delinquency, date of a guilty or nolo contendere plea, or finding of guilt as an adult. Ark. Code Ann. § 9-27-309(b)(1). | A petition can be filed 10 years after the person's last adjudication of delinquency, date of guilty or solo contendere plea, or finding of guilt as an adult, or when the person turns 21, whichever waiting period is longer. Ark. Code Ann. § 9-27-309(c). | The petition may be filed immediately after sentence completion, unless the offense is listed in section 16-90-1405(b)(1). | The petition can be filed five years after sentence completion. | The petition can be filed immediately after sentence completion. | The petition can be filed immediately upon sentence completion. | The record can be sealed immediately upon notice of the pardon. | The petition can be filed at any time. | The petition can be filed five years after sentence completion. | The record can be sealed immediately upon dismissal. | The record can be sealed immediately upon dismissal. |
| Fees | A $500 waivable administrative filing fee is required in addition to any court or docket fees. A petitioner may apply for indigent status. If the court finds the petitioner is indigent, the court shall waive the filing fee. For more information about this procedure, see Code of Ala. § 15-27-4(c). | A $500 non-waivable administrative filing fee is required in addition to any court or docket fees. Code of Ala.§ 15-27-4. A petitioner may apply for indigent status. If the court finds the petitioner is indigent, the court shall waive the filing fee. For more information about the procedure, see Code of Ala. § 15-27-4(c). | A $500 non-waivable administrative filing fee is required in addition to any court or docket fees. Code of Ala. § 15-27-4. A petitioner may apply for indigent status. If the court finds the petitioner is indigent, the court shall waive the filing fee. For more information about the procedure, see Code of Ala. § 15-27-4(c). | A $500 non-waivable administrative filing fee is required in addition to any court or docket fees. Code of Ala. § 15-27-4. A petitioner may apply for indigent status. If the court finds the petitioner is indigent, the court shall waive the filing fee. For more information about the procedure, see Code of Ala. § 15-27-4(c). | A $500 non-waivable administrative filing fee is required in addition to any court or docket fees.Code of Ala. § 15-27-4. A petitioner may apply for indigent status. If the court finds the petitioner is indigent, the court shall waive the filing fee. For more information about the procedure, see Code of Ala. § 15-27-4(c). | A $500 non-waivable administrative filing fee is required in addition to any court or docket fees. Code of Ala. § 15-27-4. A petitioner may apply for indigent status. If the court finds the petitioner is indigent, the court shall waive the filing fee. For more information about this procedure, see Code of Ala. § 15-27-4(c). | There are no fees. Ark. Code Ann. § 16-90-1419. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no filing fee. Ark. Code Ann. § 16-90-1419. | There are no fees. Ark. Code Ann. § 16-90-1419. | There is no filing fee. see Ark. Code Ann. § 16-90-1419. | There are no fees. Ark. Code Ann. § 16-90-1419. | There are no fees. Ark. Code Ann. § 16-90-1419. | There are no fees. Ark. Code Ann. § 16-90-1419. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | |
| Effect | The court orders the expungement of records from agencies. Code of Ala. § 15-27-6(a). The proceedings regarding the charges are deemed never to have occurred. The court and other agencies will reply that no record exists in response to any inquiry. The petitioner need not disclose the fact of the record on an application for employment, credit, or other type of application. However, the petitioner must disclose the record to any government regulatory or licensing agency, any utility and its agents or affiliates, or any bank or other financial institution. These agencies have the right to inspect the expunged record after filing notice with the court. Code of Ala. § 15-27-6(b). Expunged records are not transmitted to the FBI, and the state criminal justice information center requests the withdrawal of records previously transmitted to the FBI that were later expunged. Code of Ala. § 15-27-7. Unauthorized, intentional, and malicious release of expunged records is a Class B misdemeanor. Code of Ala. § 15-27-16. | The court orders the expungement of the records from agencies. Code of Ala. § 15-27-6(a). The proceedings regarding the charges are deemed never to have occurred. The court and other agencies will reply that no record exists in response to any inquiry. The petitioner need not disclose the fact of the record on an application for employment, credit, or other type of application. However, the petitioner must disclose the record to any government regulatory or licensing agency, any utility and its agents or affiliates, or any bank or other financial institution. These agencies have the right to inspect the expunged record after filing the notice with the court. Code of Ala. § 15-27-6(b). Expunged records are not transmitted to the FBI, and the state criminal justice information center will request the withdrawal of records previously transmitted to the FBI that were later expunged. Code of Ala. § 15-27-7. Unauthorized, intentional, and malicious release of expunged records is a Class B misdemeanor. Code of Ala. § 15-27-16. | The court orders the expungement of records from agencies. Code of Ala. § 15-27-6(a). The proceedings regarding the charges are deemed never to have occurred. The court and other agencies will reply that no record exists in response to any inquiry. The petitioner need not disclose the fact of the record on an application for employment, credit, or other type of application. However, the petitioner must disclose the record to any government regulatory or licensing agency, any utility and its agents or affiliates, or any bank or other financial institution. These agencies have the right to inspect the expunged record after filing notice with the court. Code of Ala. § 15-27-6(b). Expunged records are not transmitted to the FBI, and the state criminal justice information center requests the withdrawal of records previously transmitted to the FBI that were later expunged. Code of Ala. § 15-27-7. Unauthorized, intentional, and malicious release of expunged records is a Class B misdemeanor. Code of Ala. § 15-27-16. | The court orders the expungement of records from agencies. Code of Ala. § 15-27-6(a). The proceedings regarding the charges are deemed never to have occurred. The court and other agencies will reply that no record exists in response to any inquiry. The petitioner need not disclose the fact of the record on an application for employment, credit, or other type of application. However, the petitioner must disclose the record to any government regulatory or licensing agency, any utility and its agents or affiliates, or any bank or other financial institution. These agencies have the right to inspect the expunged record after filing notice with the court. Code of Ala. § 15-27-6(b). Expunged records are not transmitted to the FBI, and the state criminal justice information center requests the withdrawal of records previously transmitted to the FBI that were later expunged. Code of Ala. § 15-27-7. Unauthorized, intentional, and malicious release of expunged records is a Class B misdemeanor. Code of Ala. § 15-27-16. | The court orders the expungement of records from agencies. Code of Ala. § 15-27-6(a). The proceedings regarding the charges are deemed never to have occurred. The court and other agencies will reply that no record exists in response to any inquiry. The petitioner need not disclose the fact of the record on an application for employment, credit, or other type of application. However, the petitioner must disclose the record to any government regulatory or licensing agency, any utility and its agents or affiliates, or any bank or other financial institution. These agencies have the right to inspect the expunged record after filing notice with the court. Code of Ala. § 15-27-6(b). Expunged records are not transmitted to the FBI, and the state criminal justice information center requests the withdrawal of records previously transmitted to the FBI that were later expunged. Code of Ala. § 15-27-7. Unauthorized, intentional, and malicious release of expunged records is a Class B misdemeanor. Code of Ala. § 15-27-16. | The court orders the expungement of records from agencies. Code of Ala. § 15-27-6(a). The proceedings regarding the charges are deemed never to have occurred. The court and other agencies will reply that no record exists in response to any inquiry. The petitioner need not disclose the fact of the record on an application for employment, credit, or other type of application. However, the petitioner must disclose the record to any government regulatory or licensing agency, any utility and its agents or affiliates, or any bank or other financial institution. These agencies have the right to inspect the expunged record after filing notice with the court. Code of Ala. § 15-27-6(b). Expunged records are not transmitted to the FBI, and the state criminal justice information center requests the withdrawal of records previously transmitted to the FBI that were later expunged. Code of Ala. § 15-27-7. Unauthorized, intentional, and malicious release of expunged records is a Class B misdemeanor. Code of Ala. § 15-27-16. | 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). | The record is destroyed. Ark. Code Ann. § 9-27-309(b)(3). | To expunge the record means it is destroyed. Ark. Code Ann. § 9-27-309(b)(3). | To expunge the record means it is destroyed. Ark. Code Ann. § 9-27-309(b)(3). | The record is destroyed. Ark. Code Ann. § 9-27-309(b)(3). | 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. See 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, sequester, 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). | 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). | 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). | 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). | 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). | The petitioner's name shall be redacted by the court from all listed records and files. Ark. Code Ann. § 16-90-1412(d). 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). | 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). | 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). | 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 listed records. Ark. Code Ann. §§ 16-90-1413(e)-(g). |
| Remedy | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Seal | Expunge | Expunge | Expunge | Expunge | Seal | Seal | Seal | Seal | Seal | Seal | Seal | Seal | Seal |
