Question 1

Can you get a criminal record expunged in Arkansas?

Accepted Answer

Arkansas uses "sealing" under the Comprehensive Criminal Record Sealing Act of 2013 (Ark. Code Ann. § 16-90-1401 et seq.). A judge signs a uniform order sealing the record, and ACIC updates the state record. Sealing is available for arrests without charges, dismissals and acquittals, misdemeanors, many felonies, pardoned convictions, first-offender and drug court cases, and certain DWI convictions. Juvenile delinquency records can be "expunged" and destroyed by the juvenile court.

Question 2

Can you clear an arrest or dismissed charge in Arkansas?

Accepted Answer

A person may petition to seal an arrest if no charges were filed within one year of the arrest (filed in the county of arrest). A person may also petition to seal a case that was dismissed, ended in acquittal (other than for mental disease or defect), was not charged by the prosecutor, or was nolle prossed more than one year ago without being refiled. These petitions are to be granted unless the state shows a reason not to.

Question 3

Can a misdemeanor be expunged in Arkansas?

Accepted Answer

Most misdemeanors and violations can be sealed once the sentence is complete, restitution and court costs are paid, and any driver's license reinstatement fees and requirements are satisfied. A five-year wait after completing the sentence applies to certain listed misdemeanors, including Class A negligent homicide, third-degree battery, indecent exposure, public sexual indecency, fourth-degree sexual assault and third-degree domestic battering. Traffic offenses by commercial driver's license holders are excluded. The court must seal an eligible misdemeanor unless it finds clear and convincing evidence that it should not.

Question 4

Can a felony be expunged in Arkansas?

Accepted Answer

According to the ACIC felony petition form, a person may petition once the felony sentence is complete, court costs and restitution are paid, and the person has no more than one prior felony. Non-violent Class C and D felonies (and other offenses named in § 16-90-1406(a)(1)-(5)) can be sealed right after the sentence is completed; other eligible felonies require five years after completing the sentence. Not eligible: Class Y, A and B felonies (except as § 16-90-1406 allows), manslaughter, unclassified felonies with a maximum sentence over ten years, felony sex offenses, felonies involving violence under § 5-4-501(d)(2), and felony traffic offenses by commercial license holders. The court may seal a felony if it finds by clear and convincing evidence that doing so furthers the interests of justice.

Question 5

Does Arkansas have automatic record clearing (clean slate)?

Accepted Answer

When the governor issues a pardon, the governor notifies the court and the court must issue an order sealing the pardoned conviction (except pardons for offenses against minors, sex offenses, and offenses causing death or serious physical injury). A person who committed a felony under age 16, received a suspended sentence and a pardon, and has no other conviction must have the record sealed. No general automatic sealing law was found in the sources reviewed.

Question 6

Can a DUI be expunged in Arkansas?

Accepted Answer

Yes, in some cases. ACIC has a separate petition to seal a misdemeanor conviction for driving or boating while intoxicated; the form requires that the sentence is complete, costs, restitution and license reinstatement requirements are satisfied, and more than ten years have passed since the person's first DWI or BWI conviction.

Question 7

How do you seal a juvenile record in Arkansas?

Accepted Answer

The juvenile division of circuit court can order juvenile delinquency records expunged. ACIC's juvenile expungement order directs that arrest and delinquency records held by ACIC, the State Police, police departments, the prosecutor and defense counsel be expunged and destroyed under Ark. Code Ann. § 9-27-309(b)(3).

Question 8

How do you file for expungement in Arkansas?

Accepted Answer

Choose the ACIC uniform petition and order that match the record (felony, misdemeanor, DWI/BWI, drug possession, arrest, dismissal/acquittal, pardon, first offender, drug court, veterans court). File the sworn, notarized petition in the circuit or district court where the person was convicted (or where the arrest or dismissal occurred) and serve a copy on the prosecuting or city attorney and the arresting agency. Anyone opposing has 30 days to object; felony petitions require a hearing. After a denial, most petitions cannot be refiled for one year. Once the judge signs the order, the clerk forwards it to ACIC, which has 30 days to process it. ACIC cannot help choose the correct form.

Question 9

How much does expungement cost in Arkansas?

Accepted Answer

The circuit or district court clerk collects a $50 fee for filing the uniform petition, unless the petitioner is indigent and the fee is waived under Rule 72 of the Arkansas Rules of Civil Procedure.

Question 10

What happens after a record is expunged or sealed in Arkansas?

Accepted Answer

After a sealing order, the person's underlying conduct is deemed as a matter of law never to have occurred, and the person may state that the conduct did not occur and that no sealed record exists. Privileges and rights are restored, but sealing does not restore the right to carry a firearm lost because of a felony, and voting rights must be restored through the constitutional process. A sealed conviction can still be used in later criminal proceedings, for habitual offender status and for impeachment. Immigration authorities may treat sealed convictions differently.

Question 11

How do you get a pardon in Arkansas?

Accepted Answer

The governor grants clemency. Applications go to the Parole Board, which reviews them and makes a recommendation to the governor; there is no appeal if the governor denies. According to the application, a full pardon restores rights such as holding public office, serving on a jury, certain licensing privileges and serving as an estate executor, but does not necessarily restore firearm rights unless that option is requested and granted. A pardoned conviction is generally sealed by court order.

Question 12

How do I check my own criminal record in Arkansas?

Accepted Answer

The Arkansas State Police Identification Bureau keeps the state criminal history record. For an Arkansas background check, send a completed Individual Record Check Request Form (ASP-122) with a $25.00 check or money order payable to the Arkansas State Police (no cash); a fingerprint card is not required for an Arkansas-only check. Mail requests must include a self-addressed envelope with return postage. Send to Arkansas State Police, ID Bureau, 1 State Police Plaza Drive, Little Rock, AR 72209; phone 501-618-8500. The record subject may challenge its completeness or accuracy under 28 CFR 16.34 and/or Ark. Code 12-12-1013.

What relief the state offers	Arkansas uses "sealing" under the Comprehensive Criminal Record Sealing Act of 2013 (Ark. Code Ann. § 16-90-1401 et seq.). A judge signs a uniform order sealing the record, and ACIC updates the state record. Sealing is available for arrests without charges, dismissals and acquittals, misdemeanors, many felonies, pardoned convictions, first-offender and drug court cases, and certain DWI convictions. Juvenile delinquency records can be "expunged" and destroyed by the juvenile court. Source: Ark. Code Ann. § 16-90-1401 et seq. (Act 1460 of 2013); ACIC Criminal History forms page
Arrests and dismissed charges	A person may petition to seal an arrest if no charges were filed within one year of the arrest (filed in the county of arrest). A person may also petition to seal a case that was dismissed, ended in acquittal (other than for mental disease or defect), was not charged by the prosecutor, or was nolle prossed more than one year ago without being refiled. These petitions are to be granted unless the state shows a reason not to. Source: Ark. Code Ann. §§ 16-90-1409, 16-90-1410, 16-90-1415(d); ACIC arrest and nolle prosequi/dismissal petition forms
Misdemeanor convictions	Most misdemeanors and violations can be sealed once the sentence is complete, restitution and court costs are paid, and any driver's license reinstatement fees and requirements are satisfied. A five-year wait after completing the sentence applies to certain listed misdemeanors, including Class A negligent homicide, third-degree battery, indecent exposure, public sexual indecency, fourth-degree sexual assault and third-degree domestic battering. Traffic offenses by commercial driver's license holders are excluded. The court must seal an eligible misdemeanor unless it finds clear and convincing evidence that it should not. The list of five-year misdemeanors is taken from the 2013 Act text; it may have been amended since. Source: Ark. Code Ann. §§ 16-90-1405, 16-90-1415(a); ACIC Petition to Seal Misdemeanors (rev. 10/25/2023)
Felony convictions	According to the ACIC felony petition form, a person may petition once the felony sentence is complete, court costs and restitution are paid, and the person has no more than one prior felony. Non-violent Class C and D felonies (and other offenses named in § 16-90-1406(a)(1)-(5)) can be sealed right after the sentence is completed; other eligible felonies require five years after completing the sentence. Not eligible: Class Y, A and B felonies (except as § 16-90-1406 allows), manslaughter, unclassified felonies with a maximum sentence over ten years, felony sex offenses, felonies involving violence under § 5-4-501(d)(2), and felony traffic offenses by commercial license holders. The court may seal a felony if it finds by clear and convincing evidence that doing so furthers the interests of justice. Source: Ark. Code Ann. §§ 16-90-1406, 16-90-1408, 16-90-1415(b); ACIC Petition to Seal Felony (rev. 2021)
DUI / DWI convictions	Yes, in some cases. ACIC has a separate petition to seal a misdemeanor conviction for driving or boating while intoxicated; the form requires that the sentence is complete, costs, restitution and license reinstatement requirements are satisfied, and more than ten years have passed since the person's first DWI or BWI conviction. Source: Ark. Code Ann. § 5-65-111(b)(1), (c)(1); ACIC Petition to Seal DWI/BWI (7/27/2021)
Juvenile records	The juvenile division of circuit court can order juvenile delinquency records expunged. ACIC's juvenile expungement order directs that arrest and delinquency records held by ACIC, the State Police, police departments, the prosecutor and defense counsel be expunged and destroyed under Ark. Code Ann. § 9-27-309(b)(3). Source: Ark. Code Ann. § 9-27-309; ACIC Juvenile Expungement Order (2015)

How to apply	Choose the ACIC uniform petition and order that match the record (felony, misdemeanor, DWI/BWI, drug possession, arrest, dismissal/acquittal, pardon, first offender, drug court, veterans court). File the sworn, notarized petition in the circuit or district court where the person was convicted (or where the arrest or dismissal occurred) and serve a copy on the prosecuting or city attorney and the arresting agency. Anyone opposing has 30 days to object; felony petitions require a hearing. After a denial, most petitions cannot be refiled for one year. Once the judge signs the order, the clerk forwards it to ACIC, which has 30 days to process it. ACIC cannot help choose the correct form. Source: Ark. Code Ann. §§ 16-90-1413, 16-90-1418; ACIC Criminal History forms page
Filing fee	The circuit or district court clerk collects a $50 fee for filing the uniform petition, unless the petitioner is indigent and the fee is waived under Rule 72 of the Arkansas Rules of Civil Procedure. Taken from the 2013 Act; confirm the current amount with the court clerk. Source: Ark. Code Ann. § 16-90-1419 (as enacted by Act 1460 of 2013)
Automatic (clean slate) relief	When the governor issues a pardon, the governor notifies the court and the court must issue an order sealing the pardoned conviction (except pardons for offenses against minors, sex offenses, and offenses causing death or serious physical injury). A person who committed a felony under age 16, received a suspended sentence and a pardon, and has no other conviction must have the record sealed. No general automatic sealing law was found in the sources reviewed. Source: Ark. Code Ann. § 16-90-1411
Getting a copy of your criminal record	The Arkansas State Police Identification Bureau keeps the state criminal history record. For an Arkansas background check, send a completed Individual Record Check Request Form (ASP-122) with a $25.00 check or money order payable to the Arkansas State Police (no cash); a fingerprint card is not required for an Arkansas-only check. Mail requests must include a self-addressed envelope with return postage. Send to Arkansas State Police, ID Bureau, 1 State Police Plaza Drive, Little Rock, AR 72209; phone 501-618-8500. The record subject may challenge its completeness or accuracy under 28 CFR 16.34 and/or Ark. Code 12-12-1013. Source: Arkansas State Police, Identification Bureau, Individual Record Check Request Form ASP-122 (eff. 09/21/2022)

Arkansas Expungement Laws: How to Clear or Seal a Criminal Record

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