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. Arkansas's regime is bifurcated: (i) the Comprehensive Criminal Record Sealing Act of 2013 (Act 1460) governs misdemeanors and felonies committed on or after January 1, 2014; and (ii) the Community Punishment Act of 1993 (Act 531) continues to govern pre-2014 felonies (Bolin v. State, 2015 Ark. 149). Several specialty statutes provide additional relief: First Offender Act (§ 16-93-301), Drug Court (§ 16-98-303(g)), and Veterans Treatment Court (§ 16-101-106).

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 Sealing. All misdemeanor convictions can be sealed regardless of when they occurred. Waiting period: 60 days after sentence completion and payment of all fines/costs/restitution. Seven enumerated misdemeanors require a 5-year wait: negligent homicide; battery 3d; indecent exposure; public sexual indecency; sexual assault 4th; domestic battery 3d; and DWI 1st–3d. DWI misdemeanor sealing uses a separate ACIC petition form.

§ 16-90-1406 — Felony Sealing (Post-2014). Felony convictions committed on or after January 1, 2014 may be sealed 5 years after completion of sentence. The 2013 act narrows the definition of "violent felony" so that some lower-level violent offenses may now be sealed.

§ 16-90-1407 — Ineligible Felonies. Permanently ineligible: Murder 1st/2d; kidnapping; aggravated robbery; battery 1st; domestic battery 1st; terroristic act; rape; sexual assault 1st/2d; aggravated residential burglary; unlawful discharge of weapon from vehicle; criminal use of prohibited weapons (Class B); any Class Y felony; DWI causing death.

§ 16-93-1201 et seq. — Community Punishment Act (Pre-2014 Felonies). First or second felony conviction may be sealed if (i) it is a target offense under § 16-93-1202; (ii) not a violent or sexual felony; (iii) not a Class Y felony; and (iv) the offender was not sentenced to the Arkansas Department of Corrections. No waiting period from completion of sentence (Fulmer v. State, 337 Ark. 177 (1999) — defendant need not be specifically sentenced under the Act, but its requirements must be met).

§ 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.

§ 16-90-1408 — Sealing of Arrests, Acquittals, Nolle Prosequi, Charges Not Filed. Eligible immediately upon disposition (no waiting period).

§ 16-90-1410 — Procedure. Petition filed in court of disposition; copy served on prosecuting attorney and arresting agency; prosecutor has 30 days to respond. If court does not summarily grant, a hearing is held; petitioner must persuade the court to grant.

III. Application to [CLIENT NAME]

IV. Categorically Ineligible Convictions (§ 16-90-1407)

• ☐ Murder, first degree
• ☐ Murder, second degree
• ☐ Kidnapping
• ☐ Aggravated robbery
• ☐ Battery, first degree
• ☐ Domestic battery, first degree
• ☐ Terroristic act
• ☐ Rape
• ☐ Sexual assault, first degree
• ☐ Sexual assault, second degree
• ☐ Aggravated residential burglary
• ☐ Unlawful discharge of a weapon from a vehicle
• ☐ Criminal use of prohibited weapons (Class B)
• ☐ Any Class Y felony
• ☐ DWI causing death

V. Strategic Considerations

• Choose the most favorable track. For convictions that straddle the 2014 cutoff, the Community Punishment Act may be preferable (no waiting period) but requires that the offense is a target offense, not violent, not Class Y, and that the defendant was not sentenced to ADC. Bolin v. State (2015) makes the Community Punishment Act mandatory for pre-2014 felonies; Fulmer v. State (1999) confirms the offender need not be specifically sentenced under the Act.
• 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 sealing. Misdemeanor DWI uses a separate ACIC petition form and (per Arkansas Legal Aid) generally requires a 10-year wait; felony DWI causing death is permanently ineligible.
• 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

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 (post-2014) — § 16-90-1406
☐ Pre-2014 Felony Under Community Punishment Act — § 16-93-1207
☐ First Offender Act 346 — § 16-93-303
☐ Arrest / Nolle Prosequi / Acquittal / Charge Not Filed — § 16-90-1408
☐ 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. Waiting period. The applicable waiting period under § 16-90-1405 / § 16-90-1406 / § 16-93-1207 is [60 days / 5 years / no waiting period]. The period began on [__/__/____] and has expired as of [__/__/____].

16. Offense not on ineligibility list. The offense is NOT one of the felonies categorically ineligible under § 16-90-1407 (murder, kidnapping, aggravated robbery, battery 1st, domestic battery 1st, terroristic act, rape, sexual assault 1st/2d, aggravated residential burglary, unlawful discharge from vehicle, criminal use of prohibited weapons (Class B), Class Y felonies, DWI causing death).

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. Pre-2014 felony track only. This is Petitioner's first or second felony conviction; the offense is a "target offense" under § 16-93-1202; the offense is not violent, sexual, or Class Y; and Petitioner was not sentenced to the Arkansas Department of Corrections (Community Punishment Act, § 16-93-1207).

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 and arresting agency of record in compliance with § 16-90-1410. The prosecuting attorney shall have 30 days from service to file any response or objection.

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 offense not on § 16-90-1407 ineligibility list
• ☐ Calculate waiting period (60 days for most misd., 5 years for felony, none for pre-2014 CPA felony)
• ☐ 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 response window (§ 16-90-1410)
• ☐ 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
• ☐ Approximately 45–60 days after ACIC receipt, request updated ACIC printout to confirm sealing
• ☐ 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 (pre-2014 felonies governed by Community Punishment Act)
• 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)