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16-90-1406. Felony convictions eligible for sealing.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 immediately after the completion of the person's sentence for:
(1) A nonviolent Class C felony or nonviolent Class D felony;
(2) An unclassified felony;
(3) An offense under § 5-64-401 et seq. that is a Class A felony or Class B felony;
(4) Solicitation to commit, attempt to commit, or conspiracy to commit the substantive offenses listed in subdivisions (a)(1)-(3) of this section; or
(5) A felony not involving violence committed while the person was less than eighteen (18) years of age.
(b) Unless prohibited under § 16-90-1408, a person may petition a court with jurisdiction to seal a record of a conviction under this section after five (5) years have elapsed since the completion of the person's sentence for a violent Class C felony or a violent Class D felony.
(c)(1)(A) The petitioner can have no more than one (1) previous felony conviction.
(B) For the sole purpose of calculating the number of previous felony convictions under this section, all felony offenses that were committed as part of the same criminal episode and for which the person was convicted are a single conviction.
(2) The fact that a prior felony conviction has been previously sealed shall not prevent its counting as a prior conviction for the purposes of this subsection.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-1406
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:16-90-1406
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a46d40f0018483c3c050850a72ca461d478aae040bb75f1e5db606ac05959e1a
Source location: content.xml paragraph 35969
Stored source content
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 immediately after the completion of the person's sentence for:
(1) A nonviolent Class C felony or nonviolent Class D felony;
(2) An unclassified felony;
(3) An offense under § 5-64-401 et seq. that is a Class A felony or Class B felony;
(4) Solicitation to commit, attempt to commit, or conspiracy to commit the substantive offenses listed in subdivisions (a)(1)-(3) of this section; or
(5) A felony not involving violence committed while the person was less than eighteen (18) years of age.
(b) Unless prohibited under § 16-90-1408, a person may petition a court with jurisdiction to seal a record of a conviction under this section after five (5) years have elapsed since the completion of the person's sentence for a violent Class C felony or a violent Class D felony.
(c)(1)(A) The petitioner can have no more than one (1) previous felony conviction.
(B) For the sole purpose of calculating the number of previous felony convictions under this section, all felony offenses that were committed as part of the same criminal episode and for which the person was convicted are a single conviction.
(2) The fact that a prior felony conviction has been previously sealed shall not prevent its counting as a prior conviction for the purposes of this subsection.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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 Y felony, Class A felony, or Class B felony, except as provided in § 16-90-1406;
(2) Manslaughter, § 5-10-104;
(3) An unclassified felony if the maximum sentence of imprisonment for the unclassified felony is more than ten (10) years;
(4) A felony sex offense;
(5) A felony involving violence under § 5-4-501(d)(2); and
(6) A felony for which a person served any portion of his or her sentence as an inmate in the Division of Correction.
(b)(1) A felony traffic offense committed in any type of motor vehicle if the person was a holder of a commercial learner's permit or commercial driver license at the time the felony offense was committed is not eligible for sealing under this subchapter.
(2) As used in this subsection, “traffic offense” does not include a parking violation, vehicle weight violation, or vehicle defect violation.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-1408
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 16-90-1408. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-401. [Repealed.]
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-401
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: repealed. The source passage cites 5-64-401. This identifies an authority to review, not proof of applicability.