Expungement / Record Sealing Petition and Eligibility Memo — Arkansas

Expungement / Record Sealing Petition and Eligibility Memo (ARKANSAS)

Quick-Reference Summary

Part A — Eligibility Memo

MEMORANDUM

To: [________________________________]
From: [________________________________], Arkansas Bar No. [_____]
Date: [__/__/____]
Re: Eligibility for Record Sealing Under Ark. Code Ann. § 16-90-1401 et seq. — [CLIENT NAME]

I. Executive Summary

This memorandum analyzes whether [CLIENT NAME] qualifies to seal Arkansas criminal records. Current § 16-90-1406 applies regardless of when an eligible felony occurred. ACIC also publishes separate forms for Act 531, first-offender, drug-court, veterans-treatment-court, pardon, and other specialized routes; counsel should select the route that matches the judgment and statutory disposition.

Bottom-line assessment: ☐ Eligible under Act 1460 ☐ Eligible under Community Punishment Act ☐ Eligible under First Offender Act ☐ Eligible under specialty-court statute ☐ Ineligible

II. Statutory Framework

§ 16-90-1405 — Misdemeanor and Violation Sealing. Most petitions may be filed immediately after sentence completion, full restitution and court-cost payment, and completion of applicable driver's-license reinstatement obligations. Six enumerated convictions require five years after sentence completion: Class A misdemeanor negligent homicide; battery in the third degree; indecent exposure; public sexual indecency; sexual assault in the fourth degree; and domestic battering in the third degree. DWI/BWI instead uses the applicable § 5-65-111 lookback period and a dedicated ACIC form.

§ 16-90-1406 — Felony Sealing. Subject to § 16-90-1408, eligible nonviolent Class C and D felonies, eligible unclassified felonies, specified Class A or B controlled-substance felonies, related solicitation/attempt/conspiracy convictions, and nonviolent felonies committed before age eighteen may be filed immediately after sentence completion. Violent Class C or D felonies require five years after sentence completion. The petitioner may have no more than one previous felony conviction under the statute's counting rule.

§ 16-90-1408 — Ineligible Felonies. The exclusion categories are: Class Y, Class A, or Class B felonies except as § 16-90-1406 permits; manslaughter; an unclassified felony carrying a maximum term longer than ten years; a felony sex offense; a felony involving violence under § 5-4-501(d)(2); and a specified felony traffic offense committed while holding a commercial learner's permit or commercial driver license.

§ 16-93-1201 et seq. — Act 531 Specialty Route. ACIC publishes a separate Act 531 petition and order. Treat it as a disposition-specific route requiring current-law review, not as an automatic pre-2014 track. Current § 16-90-1406 independently applies regardless of when an otherwise eligible felony occurred.

§ 16-93-301 et seq. — First Offender Act (Act 346 of 1975). Available at sentencing for first-time offenders. Upon successful completion of probation, the case is dismissed and the record sealed. Unlike sealing alone, this restores firearm rights and full guardian-eligibility.

Separate non-conviction routes. ACIC publishes dedicated forms for arrests and for nolle prosequi, dismissals, acquittals, and charges not filed. Use the form and statute matching the disposition rather than treating § 16-90-1408 as the non-conviction provision.

§§ 16-90-1413 to 16-90-1415 — Procedure and Proof. File the ACIC uniform petition in the proper circuit or district court. Serve the prosecutor within three days and serve the arresting agency within three days only if it is named. The prosecutor has thirty days after receipt or filing, whichever is later, to oppose. Section 16-90-1415 supplies different standards for misdemeanor, felony, and non-conviction routes.

III. Application to [CLIENT NAME]

IV. Felony Exclusion Screen (§ 16-90-1408)

• ☐ Class Y, Class A, or Class B felony not expressly permitted by § 16-90-1406
• ☐ Manslaughter
• ☐ Unclassified felony with a maximum imprisonment term longer than ten years
• ☐ Felony sex offense
• ☐ Felony involving violence under § 5-4-501(d)(2)
• ☐ Disqualifying felony traffic offense committed while holding a CDL or CLP

V. Strategic Considerations

• Choose the route matching the judgment and current law. Section 16-90-1406 now applies regardless of when an eligible felony occurred, while ACIC continues to publish separate forms for Act 531 and other specialty dispositions. Do not select a route from the offense date alone.
• First Offender Act has the most powerful relief. § 16-93-303 dismisses the underlying conviction (not just seals it) and restores firearm rights and guardian eligibility. Available only if originally entered as Act 346 disposition.
• Specialty courts. Drug Court (§ 16-98-303(g)) and Veterans Treatment Court (§ 16-101-106) provide their own sealing pathways tied to program completion.
• DWI/BWI sealing. Use the dedicated ACIC form and calculate the applicable current lookback period under § 5-65-111.
• Use the correct ACIC form. ACIC has prescribed forms by offense category — using the wrong form delays processing.
• 30-day ACIC update window. After the judge signs the order, ACIC has 30 days from receipt to update its records.

VI. Conclusion

[CLIENT NAME] is ☐ eligible / ☐ ineligible to seal under [§ 16-90-1405 / § 16-90-1406 / § 16-93-1201 / § 16-93-301 / § 16-98-303(g)]. Recommended next step: [________________________________________________].

Part B — Petition Template

PREPARATION WORKSHEET ONLY — DO NOT FILE THIS TEXT. Section 16-90-1414
requires the current ACIC uniform petition and uniform order for the selected
route. Transfer verified information to those official forms.

Caption

In the [_______________] Court of [_____________] County, Arkansas
Case No.: [____________________________]

UNIFORM PETITION AND ORDER TO SEAL UNDER ACT 1460 OF 2013 (Ark. Code Ann. § 16-90-1401 et seq.)

(Check applicable basis):
☐ Misdemeanor Conviction — § 16-90-1405
☐ Eligible Felony Conviction — § 16-90-1406
☐ Act 531 route — use the dedicated ACIC petition and verify current eligibility
☐ First Offender Act 346 — § 16-93-303
☐ Arrest / Nolle Prosequi / Acquittal / Charge Not Filed — use the dedicated ACIC form matching the disposition
☐ Misdemeanor DWI/BWI — § 16-90-1405 (special form)
☐ Controlled Substance Possession — § 16-90-1405 (special form)
☐ Drug Court (post-adjudication) — § 16-98-303(g)
☐ Veterans Treatment Court — § 16-101-106

COMES NOW the Petitioner, [DEFENDANT FULL LEGAL NAME], by and through [☐ self / ☐ counsel undersigned], and respectfully petitions this Court for an Order Sealing Records pursuant to the Comprehensive Criminal Record Sealing Act of 2013 (Act 1460), Ark. Code Ann. § 16-90-1401 et seq., and states:

I. Petitioner Information

1. Full legal name: [_____________________________________________]
2. Aliases / maiden / prior names: [______________________________]
3. Date of birth: [__/__/____]
4. SSN: [_____________] Driver's license: [_____________]
5. Current address: [_____________________________________________]
6. Telephone: [______________] Email: [_______________________]

II. Conviction / Disposition Information

7. Court of disposition: [______________________________________]
8. Case number(s): [_____________________________________________]
9. Offense(s): [_________________________________________________]
10. Statute(s): [________________________________________________]
11. Classification: ☐ Misdemeanor ☐ Felony (Class _____)
12. Date of disposition / conviction: [__/__/____]
13. Sentence: [_________________________________________________]
14. Date sentence completed (release from probation/parole, last fine paid): [__/__/____]

III. Statutory Eligibility (Verified)

15. Eligibility timing. The applicable timing under § 16-90-1405 / § 16-90-1406 / § 5-65-111 / the selected specialty route is [immediate after completion / five years / statutory lookback / other: ______]. The requirements were satisfied on [__/__/____].

16. Felony exclusions. No exclusion in § 16-90-1408 applies, including the class, manslaughter, unclassified-felony, felony-sex-offense, violent-felony, and commercial-driver traffic-offense exclusions.

17. Financial obligations. All court costs, fines, fees, and restitution imposed in connection with this case have been paid in full. (Clerk's certification attached as Exhibit A.)

18. No pending charges. Petitioner has no pending felony charges in any state and no pending charges arising from the same conduct underlying this case.

19. Act 531 route only, if selected. Counsel has reviewed the current Act 531 eligibility requirements and completed the current dedicated ACIC petition and order rather than selecting this route solely because of the offense date.

20. ACIC printout. A current Arkansas Crime Information Center criminal-history record is attached as Exhibit B.

IV. Notice

21. A copy of this Petition is being served on the prosecuting attorney within three days after filing in compliance with § 16-90-1413. The arresting agency is being served within that period only if it is named as a party. The prosecuting attorney has 30 days after receipt or filing, whichever is later, to oppose.

V. Prayer for Relief

WHEREFORE, Petitioner respectfully prays that this Honorable Court:

(a) Find that Petitioner has met all statutory requirements under [§ 16-90-1405 / § 16-90-1406 / § 16-93-1207];
(b) Enter the proposed Order Sealing Records;
(c) Direct the Clerk to transmit certified copies of the Order to:

• The Arkansas Crime Information Center (ACIC)
• The arresting law-enforcement agency
• The prosecuting attorney
• The Arkansas State Police
• Any other entity holding records of the case
  (d) Declare that Petitioner may lawfully state that the offense did not occur (§ 16-90-902);
  (e) Grant such other and further relief as is just and proper.

DATED this [____] day of [_____________], [______].

________________________________________
[ATTORNEY NAME], Arkansas Bar No. [_____]
[Firm / Address / Telephone / Email]
Attorney for Petitioner

— or —

________________________________________
[PETITIONER NAME], Pro Se
[Address / Telephone / Email]

VERIFICATION

STATE OF ARKANSAS )
COUNTY OF [______] ) ss.

I, [PETITIONER NAME], being first duly sworn, depose and state under oath that I have read the foregoing Petition and that the facts stated therein are true and correct to the best of my knowledge.

________________________________________
[PETITIONER NAME]

Subscribed and sworn to before me this [____] day of [_____________], [______].

________________________________________
Notary Public, My commission expires: [__/__/____]

CERTIFICATE OF SERVICE

I certify that on [__/__/____] I served a true and correct copy of this Petition and proposed Order on:

• ☐ Prosecuting Attorney, [_____________] Judicial District, at [address]
• ☐ Arresting Agency: [_____________________], at [address]
• ☐ Arkansas Crime Information Center, One Capitol Mall, Little Rock, AR 72201

by [☐ U.S. mail ☐ certified mail ☐ hand delivery ☐ email].

________________________________________
[Signature / Date]

Part C — Filing Checklist

Pre-Filing

• ☐ Determine which statutory track applies (Act 1460, Community Punishment Act, First Offender Act, specialty court)
• ☐ For felonies: confirm offense date vs. January 1, 2014 cutoff (Bolin v. State)
• ☐ Confirm no § 16-90-1408 felony exclusion applies
• ☐ Calculate timing under § 16-90-1405, § 16-90-1406, § 5-65-111, or the selected specialty route
• ☐ Obtain certified clerk's payment record showing all fines/costs/restitution paid
• ☐ Obtain ACIC criminal-history printout
• ☐ Verify no pending charges
• ☐ Download correct ACIC petition form for offense category (see Sources below)

Filing

• ☐ Complete ACIC uniform petition (use correct form)
• ☐ Attach proposed Order to Seal (ACIC also provides)
• ☐ Attach clerk's payment certification (Exhibit A)
• ☐ Attach ACIC criminal-history printout (Exhibit B)
• ☐ File in court of original disposition
• ☐ Pay filing fee (varies by court; some courts waive for First Offender Act)
• ☐ Serve prosecuting attorney and arresting agency

Post-Filing

• ☐ Calendar 30-day prosecutor opposition window (§ 16-90-1413)
• ☐ Monitor for prosecutor objection
• ☐ If hearing set, prepare evidence of rehabilitation, employment, restitution, character references
• ☐ Upon judge signing Order:
• ☐ Obtain certified copies (request 3–5)
• ☐ Personally deliver/mail Order to ACIC (or rely on Clerk transmission)
• ☐ Confirm ACIC's 30-day update window starts
• ☐ After ACIC's stated 30-day processing period from receipt, confirm that its record was updated
• ☐ Advise client:
• ☐ May lawfully state offense did not occur (§ 16-90-902)
• ☐ "Clean slate" not absolute (Jones v. Huckabee, 369 Ark. 42 (2007))
• ☐ Certain employers (teachers, day care, nursing home, law enforcement) see sealed records
• ☐ Sealing alone does NOT restore firearm rights (use First Offender Act dismissal or Governor's pardon)
• ☐ If a background-check vendor reports sealed records, demand correction under FCRA + provide Order

For First Offender Act § 16-93-303

• ☐ Confirm Act 346 disposition was entered at original sentencing
• ☐ Confirm successful completion of probation
• ☐ Use ACIC "Petition and Order to Dismiss and Seal First Offenders" form
• ☐ Note: this both dismisses the case AND seals it (more powerful than seal alone)

Sources and References

• Ark. Code Ann. Title 16, Subchapter 14 (Comprehensive Criminal Record Sealing Act): https://advance.lexis.com/container?config=00JABhZDIzMTViZS04NjcxLTQ1MDItOTllOS03MDg0ZTQxYzU4ZTQKAFBvZENhdGFsb2f8inKxYiqNVSihJeNKRlUp
• Arkansas Crime Information Center — Sealing Your Record (petition forms): https://dps.arkansas.gov/crime-info-support/arkansas-crime-information-center/forms/criminal-history/
• ACIC Petition and Order to Seal Felony (Act 1460): https://dps.arkansas.gov/wp-content/uploads/Felony-Order-Form-f.pdf
• ACIC Petition and Order to Seal Misdemeanor: https://dps.arkansas.gov/wp-content/uploads/2020/05/4-Misdemeanor-Order-8_01_2019.pdf
• ACIC Petition and Order to Seal Misdemeanor DWI/BWI: https://dps.arkansas.gov/wp-content/uploads/2021/07/Order-to-Seal-DWI-BWI-Form-July2021.pdf
• ACIC Petition and Order to Seal Controlled Substance Possession: https://dps.arkansas.gov/wp-content/uploads/2020/05/6_ControlledSubstanceOrderDraftF.pdf
• ACIC Petition for First Offenders (Act 346 / Act 1460): https://dps.arkansas.gov/wp-content/uploads/2020/05/13_FirstOffenderOrderDraftF1.pdf
• ACIC Veterans Court Petition & Order: https://dps.arkansas.gov/wp-content/uploads/2021/07/Veterans-Court-Petition-to-Seal-Form-July2021.pdf
• Legal Aid of Arkansas — Sealing Criminal Records: https://arlegalaid.org/news-events/newsroom.html/article/2016/03/14/sealing-criminal-records-in-arkansas
• Arkansas Legal Services Partnership — Criminal Record Sealing: https://a.arlawhelp.org/employment/criminal-record-sealing
• Governor's Pardon Application: https://dps.arkansas.gov/wp-content/uploads/Arkansas-Governors-Pardon-Application-REVISED.pdf
• Bolin v. State, 2015 Ark. 149 (historical Act 531 decision predating current § 16-90-1406)
• Fulmer v. State, 337 Ark. 177, 987 S.W.2d 700 (1999) (Community Punishment Act applicability)
• Jones v. Huckabee, 369 Ark. 42, 250 S.W.3d 241 (2007) ("clean slate" effect of expungement not absolute)