Arkansas Expungements Community Corrections and Punishment Act (ACA 16-93-1201)

The Community Corrections and Punishment Act is one of many expungement statutes in Arkansas. To be eligible for a disposition under this Act, the person must have been sentenced under it at the time of your conviction. Only those who committed their crime after January 1st, 1994 will be eligible.

Basically, if you committed a crime after the release of 1994’s Timecop starring Jean Claude Van Damme you might be eligible. 

Before you read this blog, you should read these two other blogs first IF you are looking to expunge a misdemeanor or a felony in Arkansas:

The Arkansas Felony Comprehensive Criminal Record Sealing Act of 2013.

The Arkansas Misdemeanor Comprehensive Criminal Record Sealing Act of 2013.

 

How do I know if I was sentenced under the Community Corrections Act?

If you can get a hold of your court paperwork there should be a reference to the statute or act there. Otherwise, you can use your memory to check against some of the basic requirements: 

  1. If you were sentenced to prison time (and not sentenced to a judicial transfer to the Department of Community Corrections) then you were not sentenced under this act.
  2. You will only be eligible to be sentenced under this act if you committed a non-violent, non-sexual offense.
  3. Felony DWI offenders also qualify to apply for expungements.
  4. The defendant must be a member of the “target group” as defined by the statute. However, misdemeanor DWI offenders are excluded as per the text of the statute and other offenders may be excluded by statute. §16-93-1202.

Will my records be expunged automatically if I was sentenced under the Community Corrections Act?

No, you have to apply for it, and even then your Arkansas criminal records may not be expunged. If the offender successfully completes his sentence (probation or Department of Community Corrections sentence), the trial court MAY order an expungement of record. An expungement of Arkansas criminal records under this Act is discretionary with the Court. §16-93-1207. Meaning, you have to convince the judge to expunge your records.

 

What if I was convicted of more criminal charges before I applied to have my conviction expunged, may I still apply for an expungement?

That depends.

To be eligible for expungement under this Act the offender must have not had more than one (1) previous felony conviction. If you do have a previous felony conviction it must not have been for any of the following offenses: 

  1. A capital offense (a crime punishable by death).
  2. Murder in the first degree, § 5-10-102.
  3. Murder in the second degree, § 5-10-103.
  4. Rape, § 5-14-103.
  5. Kidnapping, § 5-11-102.
  6. Aggravated robbery, § 5-12-103.
  7. Delivering controlled substances to a minor.

Even if your previous charge was expunged, expunged convictions are still counted toward that previous felony convictions. §16-93-1207.

 

What If I Don’t Qualify to Expunge or Seal My Arkansas Criminal Charges Under the Community Corrections and Punishment Act?

Read one of our other blogs on expunging criminal charges under a different statute. Or call one of our Fayetteville, Fort Smith, or Van Buren Arkansas Criminal Defense Attorneys at (479) 782-1125 for a free consultation.

I’ve written blogs on the two most common statutes used to expunge misdemeanors and felonies in Arkansas and they are:

The Arkansas Felony Comprehensive Criminal Record Sealing Act of 2013.

The Arkansas Misdemeanor Comprehensive Criminal Record Sealing Act of 2013.

The rest of the Arkansas expungement statutes are much rarer:

The First Offender Act (Act 346) of 1975 ACA 16-93-301.

Arkansas “Clean Slate” Provision of 1975 and 2011. (ACA 5-4-311, repealed and 16-93-314).

The Arkansas Youthful Offender Alternative Service Act

The Uniform Expungement Act of 1995 (ACA 16-90-901).

Arkansas Controlled Substances Act Discharge and Dismissal Provision, (ACA 5-64-413) (Act 1994 of 2005).

Arkansas Juvenile Expungements (ACA 9-27-309).

Arkansas Drug Court Expungements Act (ACA 16-98-303(g)).

Expungement Pursuant to Governor’s Pardon.

Comments

comments

By | 2018-03-18T09:53:26+00:00 March 2nd, 2018|General Law Blog|0 Comments