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16-90-1405. Eligibility to file a uniform petition to seal a misdemeanor offense or violation.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 immediately after:
(1) The completion of his or her sentence for the misdemeanor or violation, including full payment of restitution;
(2) Full payment of court costs;
(3) Full payment of driver's license suspension reinstatement fees, if a driver's license suspension reinstatement fee was assessed as a result of the person's arrest or conviction for the misdemeanor or violation; and
(4) The completion of all other driver's license reinstatement requirements, if a driver's license suspension was imposed as a result of the person's arrest or conviction for the misdemeanor or violation.
(b) There is not a limit to the number of times a person may file a uniform petition to seal his or her record of a misdemeanor or violation, except that the person may not file:
(1) A new uniform petition to seal one (1) of the following criminal offenses until after a period of five (5) years has elapsed since the completion of the person's sentence for the conviction:
(A) Negligent homicide, § 5-10-105, if it was a Class A misdemeanor;
(B) Battery in the third degree, § 5-13-203;
(C) Indecent exposure, § 5-14-112;
(D) Public sexual indecency, § 5-14-111;
(E) Sexual assault in the fourth degree, § 5-14-127;
(F) Domestic battering in the third degree, § 5-26-305; or
(G) A misdemeanor violation of § 5-65-103;
(2) A new uniform petition to seal a criminal offense listed in subdivisions (b)(1)(A)-(G) of this section before one (1) year from the date of the order denying the previous uniform petition;
(3) A new uniform petition to seal a mis
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-1405
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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Stable record: arkansas_code:legal_authorities:16-90-1405
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1a7c88a3ca12cbcbb0f9509834de674d367e2e7c57f05a16efeccb5d6d7561a2
Source location: content.xml paragraph 35935
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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 immediately after:
(1) The completion of his or her sentence for the misdemeanor or violation, including full payment of restitution;
(2) Full payment of court costs;
(3) Full payment of driver's license suspension reinstatement fees, if a driver's license suspension reinstatement fee was assessed as a result of the person's arrest or conviction for the misdemeanor or violation; and
(4) The completion of all other driver's license reinstatement requirements, if a driver's license suspension was imposed as a result of the person's arrest or conviction for the misdemeanor or violation.
(b) There is not a limit to the number of times a person may file a uniform petition to seal his or her record of a misdemeanor or violation, except that the person may not file:
(1) A new uniform petition to seal one (1) of the following criminal offenses until after a period of five (5) years has elapsed since the completion of the person's sentence for the conviction:
(A) Negligent homicide, § 5-10-105, if it was a Class A misdemeanor;
(B) Battery in the third degree, § 5-13-203;
(C) Indecent exposure, § 5-14-112;
(D) Public sexual indecency, § 5-14-111;
(E) Sexual assault in the fourth degree, § 5-14-127;
(F) Domestic battering in the third degree, § 5-26-305; or
(G) A misdemeanor violation of § 5-65-103;
(2) A new uniform petition to seal a criminal offense listed in subdivisions (b)(1)(A)-(G) of this section before one (1) year from the date of the order denying the previous uniform petition;
(3) A new uniform petition to seal a misdemeanor or violation before ninety (90) days from the date of an order denying a uniform petition to seal the misdemeanor or violation;
(4) A new uniform petition to seal a misdemeanor or violation under this section if an appeal of a previous denial of a uniform petition to seal a misdemeanor or violation for the same misdemeanor or violation is still pending; or
(5) A new uniform petition to seal a misdemeanor or violation under this section if:
(A) The person was a holder of a commercial driver license or commercial learner's permit at the time the misdemeanor or violation was committed; and
(B) The misdemeanor or violation was a traffic offense, other than a parking violation, vehicle weight violation, or vehicle defect violation, committed in any type of motor vehicle.
(c) Except as provided in subsection (b) of this section, a person is eligible to file a uniform petition to seal a misdemeanor or violation under this section even if his or her misdemeanor or violation occurred before January 1, 2014.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-105. Negligent homicide.
(a)(1) A person commits negligent homicide if he or she negligently causes the death of another person, not constituting murder or manslaughter, as a result of operating a vehicle, an aircraft, or a watercraft:
(A) While intoxicated;
(B)(i) If at that time there is an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood based upon the definition of alcohol concentration in § 5-65-204, as determined by a chemical test of the person's blood, urine, breath, saliva, or other bodily substance.
(ii) The method of the chemical test of the person's blood, urine, saliva, breath, or other bodily substance shall be made in accordance with §§ 5-65-204 and 5-65-206;
(C) While passing a stopped school bus in violation of § 27-51-1004; or
(D) While fatigued.
(2) A person who violates subdivision (a)(1) of this section upon conviction is guilty of a Class B felony.
(b)(1) A person commits negligent homicide if he or she negligently causes the death of another person.
(2) A person who violates subdivision (b)(1) of this section upon conviction is guilty of a Class A misdemeanor.
(c) As used in this section:
(1) “Fatigued” means:
(A) Having been without sleep for a period of twenty-four (24) consecutive hours; or
(B) Having been without sleep for a period of twenty-four (24) consecutive hours and in the state of being asleep; and
(2) “Intoxicated” means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant to such a degree that the operator's reactions, motor skills, and judgment are substantially altered and the operator therefore constitutes a clear and substantial danger of physical i
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-105
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 5-10-105. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-13-203. Battery in the third degree.
(a) A person commits battery in the third degree if:
(1) With the purpose of causing physical injury to another person, the person causes physical injury to any person;
(2) The person recklessly causes physical injury to another person;
(3) The person negligently causes physical injury to another person by means of a deadly weapon; or
(4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to another person by administering to the other person, without the other person's consent, any drug or other substance.
(b) Battery in the third degree is a Class A misdemeanor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-13-203
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 5-13-203. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-14-111. Public sexual indecency.
(a) A person commits public sexual indecency if he or she engages in any of the following acts in a public place or public view:
(1) An act of sexual intercourse;
(2) An act of deviate sexual activity; or
(3) An act of sexual contact.
(b) Public sexual indecency is a Class A misdemeanor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-14-111
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 5-14-111. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-14-112. Indecent exposure.
(a) A person commits indecent exposure if, with the purpose to arouse or gratify a sexual desire of himself or herself or of any other person, the person exposes his or her sex organs:
(1) In a public place or in public view; or
(2) Under circumstances in which the person knows the conduct is likely to cause affront or alarm.
(b)(1) Except as provided in subdivisions (b)(2) and (b)(3) of this section, indecent exposure is a Class A misdemeanor.
(2) For a fourth or fifth conviction within ten (10) years of a previous conviction, indecent exposure is a Class D felony.
(3) For a sixth conviction and each successive conviction within ten (10) years of a previous conviction, indecent exposure is a Class C felony.
(c) A woman is not in violation of this section for breastfeeding a child in a public place or any place where other individuals are present.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-14-112
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 5-14-112. This identifies an authority to review, not proof of applicability.