Browse Arkansas Code titles and sections
16-90-1410. Sealing records of nolle prosequi, dismissed cases, or cases when the disposition is an acquittal.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-1410. Sealing records of nolle prosequi, dismissed cases, or cases when the disposition is an acquittal.
(a) A person may petition to seal the records of a case in which there was for any reason:
(1) Entry of an order nolle prosequi upon motion of the prosecuting attorney after one (1) year has passed since the date of the entry of the order nolle prosequi;
(2) Entry of an order of dismissal;
(3) An acquittal, unless that acquittal was for reason of mental disease or defect under § 5-2-301 et seq.; or
(4) A decision by the prosecuting attorney not to file charges.
(b) The petition shall be filed in the court in which the order nolle prosequi or order of dismissal was entered.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-1410
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:16-90-1410
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 319251e89cce104895fd5bbc624575ea5e8a870e826ccb2d938145bbdd3c7292
Source location: content.xml paragraph 36020
Stored source content
16-90-1410. Sealing records of nolle prosequi, dismissed cases, or cases when the disposition is an acquittal.
(a) A person may petition to seal the records of a case in which there was for any reason:
(1) Entry of an order nolle prosequi upon motion of the prosecuting attorney after one (1) year has passed since the date of the entry of the order nolle prosequi;
(2) Entry of an order of dismissal;
(3) An acquittal, unless that acquittal was for reason of mental disease or defect under § 5-2-301 et seq.; or
(4) A decision by the prosecuting attorney not to file charges.
(b) The petition shall be filed in the court in which the order nolle prosequi or order of dismissal was entered.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-301. Definitions.
As used in this subchapter:
(1) “Appropriate facility” means any facility within or without this state to which a defendant is eligible for admission and treatment for mental disease or defect;
(2) “Compliance monitor” means either a social service representative or licensed social worker, or both, employed by the Department of Human Services for the purpose of, including, but not limited to:
(A) Verifying that a person conditionally released pursuant to a provision of this subchapter is in compliance with the conditions for release;
(B) Providing social service assistance to a person conditionally released pursuant to a provision of this subchapter; and
(C) Reporting compliance with the conditions for release or lack of compliance with the conditions for release to the appropriate circuit court;
(3) “Designated receiving facility or program” means an inpatient or outpatient treatment facility or program that is designated within each geographic area of the state by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to accept the responsibility for the care, custody, and treatment of a person involuntarily admitted to the state mental health system;
(4) “Expert” means a qualified psychiatrist or a qualified psychologist;
(5) “Frivolous” means clearly lacking any basis in fact or law;
(6) “Lack of criminal responsibility” means that due to a mental disease or defect a defendant lacked the capacity at the time of the alleged offense to either:
(A) Appreciate the criminality of his or her conduct; or
(B) Conform his or her conduct to the requirements of the law;
(7)(A) “Mental disease or defect” means a:
(i) Substantial disorder of thought, mood, perception, orien
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-301
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 5-2-301. This identifies an authority to review, not proof of applicability.