Arkansas Code Title 16, Subtitle 6, Chapter 90, Subchapter 14 - Comprehensive Criminal Record Sealing Act of 2013

• § 16-90-1401 - Title.
  This subchapter shall be known and may be cited as the "Comprehensive Criminal Record Sealing Act of 2013".
• § 16-90-1402 - Intent.
  (a) The General Assembly recognizes that historically the laws of this state involving the procedure a person must follow to have his or her...
• § 16-90-1403 - Scope.
  (a) This subchapter governs all proceedings involving the sealing of criminal records.(b) Inconsistencies between this subchapter and any other sections within the Arkansas Code...
• § 16-90-1404 - Definitions.
  As used in this subchapter: (1) "Completion of a person's sentence" means that the person, after being found guilty: (A) Paid his or her...
• § 16-90-1405 - Eligibility to File a Uniform Petition to Seal a Misdemeanor Offense or Violation.
  (a) A person is eligible to file a uniform petition under this subchapter to seal his or her record of a misdemeanor or violation...
• § 16-90-1406 - Felony Convictions Eligible for Sealing.
  (a) Unless prohibited under § 16-90-1408, a person may petition a court to seal a record of a conviction after five (5) years has...
• § 16-90-1407 - Special Procedures for Sealing a Controlled Substance Possession Conviction.
  A person may petition the court to seal a record of a conviction for possession of a controlled substance, § 5-64-419, or counterfeit substance,...
• § 16-90-1408 - Felony Convictions Ineligible for Sealing.
  (a) A record of a conviction of any of the following offenses is not eligible to be sealed under this subchapter: (1) A Class...
• § 16-90-1409 - Sealing Records of Arrests.
  (a) A person may petition a district court or circuit court to seal a record of a prior arrest if charges have not been...
• § 16-90-1410 - Sealing Records of Nolle Prosequi, Dismissed Cases, or Cases When the Disposition is an Acquittal.
  (a) A person may petition to seal the records of a case in which there was for any reason: (1) Entry of an order...
• § 16-90-1411 - Sealing of Records for a Pardoned Person -- Pardons for Youthful Felony Offenders.
  (a) (1) The Governor shall notify the court upon issuing a pardon, and the court shall issue an order sealing the record of a...
• § 16-90-1412 - Sealing Certain Convictions for Victims of Human Trafficking.
  (a) As used in this section, "victim of human trafficking" means a person who has been subjected to trafficking of persons, § 5-18-103, or...
• § 16-90-1413 - Procedure for Sealing of Records.
  (a) (1) A person who is eligible to have a record sealed under this subchapter may file a uniform petition in the circuit court...
• § 16-90-1414 - Uniform Petition and Uniform Order to Seal Records.
  (a) (1) The Arkansas Crime Information Center shall adopt and provide the following to be used by a petitioner and any circuit court or...
• § 16-90-1415 - Burden of Proof -- Standard of Review.
  (a) For a uniform petition filed under § 16-90-1405, unless the circuit court or district court is presented with and finds that there is...
• § 16-90-1416 - Release of Sealed Records.
  (a) The custodian of a sealed record shall not disclose the existence of the sealed record or release the sealed record except when requested...
• § 16-90-1417 - Effect of Sealing.
  (a) (1) A person whose record has been sealed under this subchapter shall have all privileges and rights restored, and the record that has...
• § 16-90-1418 - Uniform Petition and Uniform Order -- Creation.
  The Arkansas Crime Information Center shall develop and draft the form to be used for the uniform petition and uniform order under this subchapter.
• § 16-90-1419 - Filing Fee.
  (a) The circuit clerk or district court clerk shall collect a fee of fifty dollars ($50.00) for filing the uniform petition unless the petitioner...

Last modified: November 15, 2016