Arkansas Juvenile Expungements (ACA 9-27-309)

 

This is an Arkansas expungement statute that only applies to crimes committed before the offender turned 18.

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, because they are retroactive:

The Arkansas Felony Comprehensive Criminal Record Sealing Act of 2013.

The Arkansas Misdemeanor Comprehensive Criminal Record Sealing Act of 2013.

 

 

Are all crimes committed by juveniles treated the same?

No. There are two different types of crimes for juveniles to commit. In Category 1 there are crimes for which the juvenile could be (but not necessarily were) charged as an adult. In Category 2, are all other crimes.

Records of delinquency adjudications for which a juvenile could have been tried as an adult are kept for ten (10) years after the last adjudication of delinquency or the date of a plea of guilty or nolo contendere (no contest) or a finding of guilt as an adult.  Thereafter, the charges may be expunged. That means it is up to the judge whether or not the charges will be expunged. Records of juveniles who are designated as extended juvenile jurisdiction offenders SHALL be kept for ten (10) years after the last adjudication of delinquency, date of plea of guilty or nolo contendere, or finding of guilt as an adult, or until the juvenile’s twenty-first birthday, whichever is longer.

The court may expunge other juvenile records at any time. It is up to the judge’s discretion. However the court shall (read: must) expunge all the records of a juvenile upon his or her twenty-first birthday in all other types of delinquency, dependency-neglect, or families in need of services (FINS) cases.

 What happens to the records after they are expunged?

Unlike the other expungement statutes, these records are actually destroyed. Within the Juvenile Code, expunge means the actual physical destruction of the record. The most famous example of this is the Duggar case.

 

What If I Don’t Qualify to Expunge or Seal My Arkansas Criminal Charges Under the Arkansas Juvenile Expungement Statutes?

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 recodified under 16-93-314).

The Arkansas Youthful Offender Alternative Service Act

The Arkansas Uniform Expungement Act of 1995 (repealed, don’t read this one)

The Arkansas Controlled Substances Act Discharge and Dismissal Statute (ACA 5-64-413) (Act 1994 of 2005)

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

Expungement Pursuant to Governor’s Pardon.

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By | 2018-03-18T09:35:51+00:00 March 7th, 2018|General Law Blog|0 Comments