Expunging or Sealing a Felony in Arkansas

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.

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.

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.