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16-90-1408. Felony convictions ineligible for sealing.
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-90-1408
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d1838eb2a40af1d0caf2846eaf0add56108661beb6d7c45a0daee5581b677a24
Source location: content.xml paragraph 35998
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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.
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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. The source passage cites 16-90-1406. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-104. Manslaughter.
(a) A person commits manslaughter if:
(1)(A) The person causes the death of another person under circumstances that would be murder, except that he or she causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse.
(B) The reasonableness of the excuse is determined from the viewpoint of a person in the actor's situation under the circumstances as the actor believed them to be;
(2) The person purposely causes or aids another person to commit suicide;
(3) The person recklessly causes the death of another person; or
(4) Acting alone or with one (1) or more persons:
(A) The person commits or attempts to commit a felony; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony:
(i) The person or an accomplice negligently causes the death of any person; or
(ii) Another person who is resisting the felony or flight causes the death of any person.
(b) It is an affirmative defense to any prosecution under subdivision (a)(4) of this section for an offense in which the defendant was not the only participant that the defendant:
(1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission;
(2) Was not armed with a deadly weapon;
(3) Reasonably believed that no other participant was armed with a deadly weapon; and
(4) Reasonably believed that no other participant intended to engage in conduct which could result in death or serious physical injury.
(c) Manslaughter is a Class C felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-104
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 5-10-104. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-501. Habitual offenders — Sentencing for felony.
(a)(1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and to an extended term of imprisonment as set forth in subdivision (a)(2) of this section:
(A) A defendant who:
(i) Is convicted of a felony other than those enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies or who has been found guilty of more than one (1) but fewer than four (4) felonies;
(B) A defendant who:
(i) Is convicted of any felony enumerated in subsection (c) of this section committed after August 31, 1997; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (c) of this section or who has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (c) of this section; or
(C) A defendant who:
(i) Is convicted of any felony enumerated in subsection (d) of this section committed after August 31, 1997; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (d) of this section or has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (d) of this section.
(2) The extended term of imprisonment for a defendant described in subdivision (a)(1) of this section is as follows:
(A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than sixty (60) years, or life;
(B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-501
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 5-4-501. This identifies an authority to review, not proof of applicability.