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

This statute has been repealed and essentially recodified by the Comprehensive Criminal Record Sealing Acts of 2013. There is no reason to try to ask for an expungement under this statute.

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.

The process for getting an expungement under this statute is basically the same as the Comprehensive Criminal Record Sealing Act of 2013. Those blogs are more detailed on the process.

Which convictions can be expunged under the Arkansas Uniform Expungement Act?

If you were not convicted, just arrested, found not guilty, or the charges were dropped, then you can expunge those records.

Sex offenses involving minor victims (those under 18 years of age) are ineligible for expungement. §16-90-901 (repealed). Neither are violent felony charges.

 

Can I tell people I’ve never been found guilty of a crime after my Arkansas expungement?

Once the record is expunged the offender can lawfully state the offense did not occur and the result is that all civil rights are restored except as is otherwise specifically provided for by law. §16-90-902. The “clean slate” effect of an expungement is not absolute. Jones v. Huckabee, 369 Ark. 42, 250 S.W.3d 241 (2007).

How do I ask for my criminal records to be expunged under the Arkansas Uniform Expungement Act?

A petition for expungement is to be filed with the Court where the disposition occurred. Then a copy is to be served upon the arresting agency and prosecuting attorney. The prosecuting attorney has thirty (30) days to file a response. If the Court does not grant the petition a hearing is to be held. At the hearing, you have to convince the judge to grant you an expungement of your records. §16-90-904. (Acts 477 of 2009, 626 of 2011, and 1460 of 2013 amended this section but the procedure is generally still the same)

Who can see my records expunged under the Arkansas Uniform Expungement Act of 1995?

An Arkansas expungement does not normally entail physical destruction of criminal records. When an expungement order is entered the records are to be sealed and segregated from public access. §16-90-901.

 

Generally speaking only the offender or his legal counsel or criminal justice agencies and their representatives can access expunged or sealed records. §16-90-903. (Such as the Arkansas State Police, the FBI, etc.).

 

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 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

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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By | 2018-03-18T09:50:58+00:00 March 3rd, 2018|General Law Blog|0 Comments