How to File for Expungement in Arkansas

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.

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.

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.

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.