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16-100-208. Completion of program — Dismissal of case — Sealing of record.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-100-208. Completion of program — Dismissal of case — Sealing of record.
(a) Upon the mental health specialty court's own motion or upon a request from a mental health specialty court program participant or his or her attorney, a mental health specialty court may order dismissal of the case against the mental health specialty court program participant and the sealing of the record if:
(1) The mental health specialty court program participant has successfully completed the mental health specialty court program, as determined by the mental health specialty court;
(2) The mental health specialty court program participant has received aftercare programming or a course of continuing mental health treatment if recommended by the mental health specialty court program participant's healthcare provider;
(3) The mental health specialty court has received a recommendation from the prosecuting attorney for dismissal of the case and the sealing of the record; and
(4) The mental health specialty court, after considering the mental health specialty court program participant's criminal history, determines that dismissal of the case and the sealing of the record are appropriate.
(b) Unless otherwise ordered by the mental health specialty court, sealing of the record under this section shall be as described in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.
(c) If a mental health specialty court program participant has successfully completed the program and has his or her case dismissed under this section, he or she may petition the mental health specialty court for relief from disability to restore the mental health specialty court program participant's right to purchase a firearm and to otherwise be removed from the Federal Bureau of Investig
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-100-208
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-100-208
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5314a9f977d554c5d405ead0647c129107ce7e3ea3831e70640c48db7af0f0a4
Source location: content.xml paragraph 41647
Stored source content
16-100-208. Completion of program — Dismissal of case — Sealing of record.
(a) Upon the mental health specialty court's own motion or upon a request from a mental health specialty court program participant or his or her attorney, a mental health specialty court may order dismissal of the case against the mental health specialty court program participant and the sealing of the record if:
(1) The mental health specialty court program participant has successfully completed the mental health specialty court program, as determined by the mental health specialty court;
(2) The mental health specialty court program participant has received aftercare programming or a course of continuing mental health treatment if recommended by the mental health specialty court program participant's healthcare provider;
(3) The mental health specialty court has received a recommendation from the prosecuting attorney for dismissal of the case and the sealing of the record; and
(4) The mental health specialty court, after considering the mental health specialty court program participant's criminal history, determines that dismissal of the case and the sealing of the record are appropriate.
(b) Unless otherwise ordered by the mental health specialty court, sealing of the record under this section shall be as described in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.
(c) If a mental health specialty court program participant has successfully completed the program and has his or her case dismissed under this section, he or she may petition the mental health specialty court for relief from disability to restore the mental health specialty court program participant's right to purchase a firearm and to otherwise be removed from the Federal Bureau of Investigation's National Instant Criminal Background Check System database.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-1401. Title.
This subchapter shall be known and may be cited as the “Comprehensive Criminal Record Sealing Act of 2013”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-1401
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-90-1401. This identifies an authority to review, not proof of applicability.