Expungement Petition - Preparation Worksheet

ARKANSAS RECORD-SEALING PETITION PREPARATION GUIDE

Use the Current ACIC Route-Specific Petition and Order

DO NOT FILE THIS GUIDE AS A PETITION.

Ark. Code Ann. § 16-90-1414 requires the ACIC uniform petition and uniform
order. ACIC publishes separate petition-and-order sets for felonies,
misdemeanors, DWI/BWI, controlled-substance possession, arrests,
non-conviction dispositions, first offenders, drug-court matters, Act 531
matters, veterans treatment court, and other routes. Select the route before
preparing a filing.

1. SELECT THE CORRECT ACIC ROUTE

☐ Misdemeanor or violation conviction under § 16-90-1405

☐ Felony conviction under § 16-90-1406

☐ Misdemeanor or felony DWI/BWI — use the dedicated ACIC form and calculate
the applicable lookback period under Ark. Code Ann. § 5-65-111

☐ Controlled-substance possession — use the dedicated ACIC form

☐ Arrest record — use the dedicated ACIC arrest form

☐ Nolle prosequi, dismissal, acquittal, or charges not filed — use the
dedicated ACIC non-conviction form

☐ First Offender Act, drug court, Act 531, veterans treatment court, pardon,
or another specialized route — use that route's current ACIC form

Selected ACIC petition: [________________________________]

Selected ACIC proposed order: [________________________________]

2. COURT AND CASE INFORMATION

Section 16-90-1413(a) directs an eligible person to file in the circuit court
or district court in the county where the offense was committed and where the
person was convicted.

Court: ☐ Circuit Court ☐ District Court

County: [________________________________]

Case number: [________________________________]

Offense and statute: [________________________________]

Disposition: [________________________________]

Disposition date: [__/__/____]

Sentence imposed: [________________________________]

Sentence-completion date: [__/__/____]

3. PETITIONER AND ACIC IDENTIFIERS

Complete every field requested by the selected ACIC form. Section
16-90-1414 requires identifying information in the uniform order, including
the arrest tracking number, SID number, and FBI number if known.

4. MISDEMEANOR OR VIOLATION SCREEN — § 16-90-1405

Most misdemeanor and violation petitions may be filed immediately after
all of the following are complete:

☐ Sentence completed, including full restitution payment

☐ Court costs paid in full

☐ Any assessed driver's-license suspension reinstatement fees paid in full

☐ Any other driver's-license reinstatement requirements completed

The following six convictions require five years after sentence completion:

☐ Class A misdemeanor negligent homicide

☐ Third-degree battery

☐ Indecent exposure

☐ Public sexual indecency

☐ Fourth-degree sexual assault

☐ Third-degree domestic battering

DWI/BWI is not part of that six-offense five-year list. A misdemeanor DWI/BWI
petition must wait until the applicable § 5-65-111 lookback period has elapsed.

☐ No commercial-driver disqualification under § 16-90-1405(b)(6)

5. FELONY SCREEN — §§ 16-90-1406 AND 16-90-1408

A. Potentially Eligible Immediately After Sentence Completion

Subject to § 16-90-1408 and the prior-felony limit:

☐ Nonviolent Class C felony

☐ Nonviolent Class D felony

☐ Eligible unclassified felony

☐ Class A or Class B felony under the Uniform Controlled Substances Act

☐ Solicitation, attempt, or conspiracy to commit an offense listed above

☐ Nonviolent felony committed while the person was under eighteen

For an unclassified felony DWI/BWI, calculate the applicable § 5-65-111
lookback period before filing.

B. Five-Year Route

☐ Five years have elapsed since sentence completion for a violent Class C or
violent Class D felony

C. Prior-Felony Limit

☐ Petitioner has no more than one previous felony conviction

For this count, felony offenses committed as part of the same criminal episode
and resulting in convictions count as one conviction. A previously sealed
felony still counts as a previous felony.

D. § 16-90-1408 Exclusions

Confirm that none applies:

☐ Class Y, Class A, or Class B felony, unless § 16-90-1406 expressly permits it

☐ Manslaughter

☐ Unclassified felony carrying a maximum sentence longer than ten years

☐ Felony sex offense

☐ Felony involving violence under Ark. Code Ann. § 5-4-501(d)(2)

☐ Disqualifying felony traffic offense committed while holding a commercial
learner's permit or commercial driver license

6. REQUIRED VERIFIED STATEMENTS — § 16-90-1414

The ACIC uniform petition must include verified statements addressing:

☐ Whether felony charges are pending in any state or federal court

Pending felony charge and status: [________________________________]

☐ Whether the petitioner is required to register under the Sex Offender
Registration Act of 1997

Registration status: [________________________________]

☐ Whether the petition's information is true and correct to the best of the
petitioner's knowledge

7. SERVICE AND TIMING — § 16-90-1413

☐ File the completed ACIC uniform petition and proposed uniform order

☐ Within three days after filing, serve the prosecuting attorney

☐ If the arresting agency is a named party, serve it within three days after filing

☐ Retain proof of service

The prosecutor may oppose an eligible misdemeanor or felony petition within
thirty days after receipt or filing, whichever is later. After that period:

• An unopposed eligible misdemeanor petition may be granted.

• If a misdemeanor opposition is filed, the court sets a hearing unless the
  prosecutor consents to decision on the pleadings.

• If a felony opposition is filed, the court may set a hearing, and the court
  may grant the petition only after that hearing.

8. PROOF AND HEARING PREPARATION — § 16-90-1415

For a misdemeanor or violation, the court shall seal after a proper petition
unless clear and convincing evidence shows that the conviction should not be
sealed.

For a felony under § 16-90-1406, prepare clear and convincing evidence that
sealing would further the interests of justice. Address:

☐ Likelihood of reoffending

☐ Other criminal history

☐ Pending charges or criminal investigations

☐ Victim input, if applicable

☐ Other information offered by the state concerning a possible threat to society

Supporting documents or witnesses: [________________________________]

9. POST-ORDER CHECKLIST

☐ Confirm the judge entered the ACIC uniform order; a nonuniform order is
not effective under § 16-90-1414

☐ Obtain a filed copy

☐ Confirm the clerk certified copies to the prosecutor, arresting agency, ACIC,
and any applicable district court as required by § 16-90-1413(d)

☐ Retain delivery and filing records

ACIC states that Arkansas law allows it thirty days from receipt to complete an
order-to-seal update.

SOURCES AND REFERENCES

• Arkansas Crime Information Center, Criminal History — sealing forms and process:
  https://dps.arkansas.gov/crime-info-support/arkansas-crime-information-center/forms/criminal-history/

• Arkansas General Assembly, Act 341 of 2021 — current felony eligibility,
  exclusions, and thirty-day procedure amendments:
  https://www.arkleg.state.ar.us/Home/FTPDocument?path=/ACTS/2021R/Public/ACT341.pdf

• Arkansas General Assembly, Act 1037 of 2021 — misdemeanor DWI/BWI lookback amendment:
  https://www.arkleg.state.ar.us/Home/FTPDocument?path=/ACTS/2021R/Public/ACT1037.pdf

• Arkansas General Assembly, Act 117 of 2023 — felony DWI/BWI and refiling amendment:
  https://www.arkleg.state.ar.us/Home/FTPDocument?path=/ACTS/2023R/Public/ACT117.pdf

• Arkansas Code § 16-90-1405 (current consolidated mirror):
  https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1405/

• Arkansas Code § 16-90-1406 (current consolidated mirror):
  https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1406/

• Arkansas Code § 16-90-1408 (current consolidated mirror):
  https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1408/

• Arkansas Code §§ 16-90-1413 through 16-90-1415 (current consolidated mirrors):
  https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1413/
  https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1414/
  https://law.justia.com/codes/arkansas/title-16/subtitle-6/chapter-90/subchapter-14/section-16-90-1415/