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Arkansas

Adult Criminal Record Clearance Overview

Some adult criminal records for cases in which you were convicted are eligible for sealing after a waiting period. You must file a petition in court to start the process, and it is up to the judge whether to grant your petition. 

  • If you were convicted of a violation or misdemeanor, with a few exceptions, the record can be sealed once you complete your sentence. 
  • If you were convicted of one of six certain misdemeanors, the record can be sealed five years after you complete your sentence. 
  • With certain exceptions, if you were convicted of an unclassified felony, a Class C or D felony, or certain Class A or B drug felonies, the record can be sealed once you complete your sentence. You are only eligible if you have no more than one earlier felony conviction. 
  • If you were convicted of a violent Class C or Class D felony, the records can be sealed five years after sentence completion, provided you have no more than one previous felony conviction. 
  • With certain exceptions, if you received a pardon from the governor, the record should be sealed automatically. If your pardon was issued before July 15, 1991, you must file it with the court. 
  • If you were convicted of  prostitution because you were a victim of human trafficking, the record can be sealed immediately. 
  • If you were convicted of drug possession and successfully completed probation with a treatment program, the record can be sealed immediately after completion of the program. 
  • With certain exceptions, if you successfully completed first-offender probation, the record should be sealed automatically. 

Adult criminal records for arrests for which you were never convicted are eligible for sealing. You must file a petition in court to start the process, and it is up to the judge whether to grant your petition. 

  • If you were arrested but no charges were filed within one year, the record can be sealed. 
  • If you were arrested and charged, but the prosecutor made a nolle prosequi motion (“nolle prossed” the case), the record can be sealed one year after the motion was made. 
  • If you were arrested but the prosecutor decided not to file charges, you were charged and acquitted, or your case was dismissed, the record can be sealed immediately. 

Adult Criminal Record Clearance Policies

    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).
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    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).
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    The governor shall notify the court upon issuing a pardon, and the court shall seal the record of the conviction of the person pardoned. Ark. Code Ann. § 16-90-1411(a)(1).
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    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.
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    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).
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    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.
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    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.
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    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).
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    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.
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    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).
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    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).
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    An arrest record can be sealed by the court if charges have not been filed by the prosecuting attorney within one year of the date of arrest. Ark. Code Ann. § 16-90-1409(a).
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    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).
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    Juvenile Record Clearance Overview

    Below is a general overview of when juvenile records can be expunged in Arkansas. Please note that the Clean Slate Clearinghouse does not provide legal advice. 

    Read the legal policies and statutes for detailed statutory information. 

    Juvenile Record Clearance Policies Overview 

     

     

    • Most juvenile recordsare expunged when you turn21. This is done automatically; you do not have to do anything to get the record expunged. 
    • You can also ask to have your record expunged before you turn 21 by submitting a request to the court, but it is up to the judge whether to grant your request. 

    If you have certain convictions or adjudications on your record, for which you could have been tried as an adult, the records will 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.   

    Find a Lawyer 

    If you think you might be eligible to have your record expunged, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court. 

    Court Forms and Resources 

    If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources. 

     

     

    Juvenile Record Clearance Policies

      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).
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      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).
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      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).
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      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).
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