How to Expunge Under the Arkansas “Clean Slate” Provision of 1975 and 2011

The Clean Slate Expungement Provision can be found in Arkansas Code Annotated §16-93-314 as of 2011. Before that, it was basically the same statute enacted in 1975 found in §5-4-311. The 1975 statute was repealed and only the 2011 one remains in effect. However, if you plead under the old statute you can still apply to expunge or dismiss your charges.

It is one of the many statutes in Arkansas that you can use to expunge or seal your criminal record. If you Don’t qualify under this act, check the bottom of this blog for a list of other statutes that are far more common.

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.

If You Plead Guilty or No Contest Can You Expunge Your Charges Under the Clean Slate Provision?

Yes you can plead guilty, but you can’t be found “Guilty.” The “Clean Slate” Expungement Act provides that if no judgment of conviction was entered by the Court.

 

If I am Ordered to Pay a Fine or Sentenced to Prison Do I Qualify to Seal My Charges Under the Clean Slate Act?

No, if you are ordered to pay a fine or sentenced to prison then you have been found guilty and you have to use a different statute to expunge your charges.

Which Crimes Are Ineligible for Expungement Under the Clean Slate Act?

Capital murder, Arkansas Code Annotated 5-10-101.

Treason, Arkansas Code Annotated 5-51-201.

Any Class Y felony.

Driving while intoxicated, Arkansas Code Annotated 5-65-103.

Murder in the second degree, Arkansas Code Annotated 5-10-103.

Engaging in a continuing criminal enterprise, Arkansas Code Annotated 5-64-405.

Carrying a firearm on school property, Arkansas Code Annotated 5-73-119.

Any sexual offense where the victim was a minor.

There are more but these are the big ones. A good place to research if you are eligible would be reading the statute you were charged under.

 

 

Arkansas Expungement Clean Slate Provision

 

How Many Times Can I Use the Clean Slate Provision to Expunge My Arkansas Criminal Record?

There is no limit, you can use it as many times as a judge will let you.

When Can I Apply for an Expungement in Arkansas Under the Clean Slate Act?

At the time of suspended sentence or probation and offender has fully complied, the Court SHALL discharge and dismiss proceedings. A suspended sentence is when you are told by the Court not to break the law for a certain amount of time or you will be punished in some way. Probation is like a suspended sentence but with more strings attached, such as classes, meetings with a probation officer, etc.

Can an Arkansas Criminal Charge Expunged Under the Clean Slate Provision be Used Against Me Later?

The statute provides that such dismissals may still be counted toward habitual offender status. Habitual Offender status means that if you have two or more previous felony convictions you can be put in prison longer for a new crime you’ve been charged with.

What if I was Sentenced to “Boot Camp” or RPF/RCF can I Still Use the Clean Slate Provision to Expunge my Charges?

No, but you probably qualify under one of the other statutes. See: State v. Burnett, 368 Ark. 625, 249 S.W.3d 141 (2007).

What If I Don’t Qualify to Expunge or Seal My Arkansas Criminal Charges Under the Clean Slate statute?

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.

Youthful Offender Alternative Service Act of 1975 and 1983.

Community Corrections/Punishment Act of 1993 (ACA 16-93-1201).

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.

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