March 2012
ALSP Law Series
A Collaboration of
Center for Arkansas Legal Services, Legal Aid of Arkansas & Arkansas Volunteer Lawyers for the Elderly
EXPUNGEMENT
Expungement is the removal of police and court
records from public inspection. Your records will not
be physically destroyed, but they will be sealed and
treated as confidential.
HOW CAN MY RECORDS BE EXPUNGED?
• In most cases, you must have pleaded guilty or nolo
contendere (no contest) to the offense to qualify.
• You must have been sentenced under a statute that
allows for expungement. And you must have
completed all the terms and conditions of your
probation. Also, you cannot have had prior felony
convictions.
• Sexual offenders
whose victims were under the age
of (18) years are not eligible
to have the offense
expunged.
WHAT RECORDS CAN BE EXPUNGED?
• Drug Court Probation: if you have completed a
drug court program, and received aftercare
programming, then you may be eligible to receive an
expungment. In addition, the judge must have
received a recommendation from the prosecuting
attorney for expungment and dismissal of the case,
and must feel that it is appropriate to grant a petition
for expungment.
A.C.A. § 16-98-303(g). (This does not
apply if you have pled nolo contendre or guilty to the following:
residential burglary, commercial burglary, breaking and
entering, or having four or more offenses of DWI).
• Minor: Non-violent Felony Offenders: if you were
convicted of a non-violent felony committed while
you were under the age of eighteen (18) you may
have your record expunged if the court determines
that it is in the best interest of the petitioner and the
state.
A.C.A. §16-90-602
•
Misdemeanor: a person convicted of a
misdemeanor offense shall have their record
expunged unless the court is presented with clear
and convincing evidence that it shouldn’t be.
A.C.A.
§16-90-904. (This does not apply to negligent homicide
[if a Class A felony], battery in the third degree, indecent
exposure, public sexual indecency, sexual assault in the
fourth degree, domestic battering in the third degree, or
driving while intoxicated. The records mentioned directly
above may be expunged after a period of five years has
passed since the completion of the person’s sentence).
Nolle Prossed, Dismissed or Acquitted: Any individual
who has been charged and arrested for a criminal offense
and saw the charges dropped or dismissed and any
individual was acquitted at trial may have all arrest
records, petitions, orders, docket sheets and any other
documents relating to the case expunged.
A.C.A. § 16-90-906
Probation: Possession of a Controlled Substance: If a
defendant pleads guilty of possession of a controlled
substance, the court may place the defendant on
probation for a period at least one year. After completing
the terms and conditions, the court shall discharge the
person and dismiss the proceedings against him or her.
A.C.A. § 5-64-413 (This does not apply if you have
previously plead guilty or nolo contendere or been found
guilty of any Controlled Substance offense or any state offense
relating to narcotic drugs, marijuana, stimulants, depressants,
or hallucinogenic drugs and does not apply for substances
listed under Schedule I)
.
Probation: First Time Offenders: If a defendant pleads
guilty or no contest, the court may place the defendant
on probation for a period of at least one year. You must
have been sentenced under the act and can only use this
act once. After completion of the terms and conditions of
probation, the court shall dismiss the case and expunge
the record.
A.C.A. § 16-93-303. (This does not apply if you
received a fine greater than $3,500 or if you were sentenced to
prison or regional correction facility.)
Probation or Jail Sentence: Upon a successful
completion of probation, commitment to the Department
of Correction with judicial transfer to the Community
Correction, or a commitment to a county jail for one of
the offenses targeted for community correction
placement, the court may direct that the record of the
offender be expunged.
A.C.A. §16-93-1207. (This does not
apply if you were convicted for a capital offense, murder,
rape, kidnapping, or aggravated robbery. If your conviction
occurred prior to 1993, you must have been specifically
sentenced under the act in order to be eligible.)
1-800-9 LAW AID or www.arlegalservices.org