Arkansas Expungement

 

Criminal Records in Arkansas

 

If you have been convicted of a crime in Arkansas, it will appear on your criminal record forever, even after you have completed your sentence and any other punishments associated with it. A criminal record can make it harder for you to find work, get an apartment, and even obtain certain licenses.

 

But for some, there is the possibility of help: Arkansas law allows for the elimination of criminal records for certain crimes via the expungement process.

 

What is Arkansas expungement?

 

Expungement in the state of Arkansas is a way to eliminate criminal records for certain crimes under certain circumstances. It is considered a privilege, not a right, and under Arkansas Code No. 16-90-901, records will not actually physically disappear; rather, they will no longer be viewable by the public.

 

Of course, this becomes complicated when you are talking about expungement in comparison with record sealing in Arkansas, because the terms are not interchangeable. When specific authorities can still have access to the record, despite it being hidden from the general public, this is called record sealing. Expunging a record means that the record in question will be completely destroyed from viewing by anyone – public or government.

 

Who is eligible for Arkansas expungement?

 

Arkansas is very selective about who it allows to expunge their criminal records. If you have been arrested, but were not found guilty of the crime, it is possible for you to expunge anything related to the case, including arrest records, orders, petitions, and any other documents. This option is also available to some criminals who are pardoned of their crimes, but Arkansas law does not allow this for someone who commits a sexual offense, an offense against a minor, or any offense that results in serious injury or death.

 

Once your sentence has been served and probation has been completed, people who are first time offenders for driving offenses, controlled substance offenses, and even most other crimes have the option of expunging their crimes open to them. This is also true for minors who are pardoned for committing offenses before they turned 16, and for minors who committed non-violent felonies before they turned 18. And, of course, anyone who was charged and arrested but subsequently had those charges dismissed, were acquitted, or deemed nolle prossed in Arkansas can petition the court for expungement of those records.

 

Certain more serious offenses are also eligible for expungement after specific requirements are met. These requirements include completing probation or a commitment to the Department of Correction, along with being transferred to the Department of Community Correction. Also, the convicted criminal must have no more than one previous felony conviction, and it cannot be a capital offense. Crimes under this banner include:

 

• Murder in the first degree
• Murder in the second degree
• First degree rape
• Aggravated robbery
• Kidnapping
• Any offense related to distributing substances to minors

 

How does one receive expungement?

 

Unlike juvenile records, which typically are automatically sealed or expunged by the court after several years, adult records or arrests and convictions stay with you for life. Thankfully, anyone convicted of a non-violent felony has the ability to petition the court to have their record expunged after they complete any and all requirements of the conviction, including serving time, finishing probation, and waiting out any suspension period. You petition the court by sending in a written application for expungement that must be filed in accordance with set rules.

 

Can my expungement be denied?

 

Unfortunately, yes, there are various reasons why petitions for expungement may be denied. Some of these include:

 

• Pending arrests
• Sexual offense convictions
• Existing additional convictions
• Previous expungement exits
• Registration as a sex offender
• Court records indicating a case is still open
• Not meeting set time period as dictated by the law

 

Your best chance at expungement is to make sure that everything is correct with your paperwork before turning in that petition. A qualified Arkansas lawyer can help you with this process. All probation and confinement in relation to your sentence must already be completed, and all fines have to be paid in full. Only then should you petition the court.