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16-90-1411. Sealing of records for a pardoned person — Pardons for youthful felony offenders.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-1411. Sealing of records for a pardoned person — Pardons for youthful felony offenders.
(a)(1) The Governor shall notify the court upon issuing a pardon, and the court shall issue an order sealing the record of a conviction of the person pardoned.
(2) The record of a conviction relating to the conviction of a person pardoned before July 15, 1991, shall be sealed upon the filing of a copy of the pardon with the court by the person.
(3) This section does not apply to a pardon issued for:
(A) Any offense in which the victim is a person under eighteen (18) years of age;
(B) A sex offense; or
(C) An offense resulting in death or serious physical injury.
(b) A person shall have his or her record of a conviction sealed by the court if the person:
(1) Committed a felony in this state while under sixteen (16) years of age;
(2) Was convicted and given a suspended sentence;
(3) Received a pardon for the conviction; and
(4) Has not been convicted of another criminal offense.
(c) This section does not prevent a person from requesting that his or her criminal record be sealed under § 16-90-1405 or § 16-90-1406.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-1411
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:16-90-1411
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 73ccfbf8147ab17124d761f9803764b7f5af3328c3793f6ad0b974ef3c1c3003
Source location: content.xml paragraph 36030
Stored source content
16-90-1411. Sealing of records for a pardoned person — Pardons for youthful felony offenders.
(a)(1) The Governor shall notify the court upon issuing a pardon, and the court shall issue an order sealing the record of a conviction of the person pardoned.
(2) The record of a conviction relating to the conviction of a person pardoned before July 15, 1991, shall be sealed upon the filing of a copy of the pardon with the court by the person.
(3) This section does not apply to a pardon issued for:
(A) Any offense in which the victim is a person under eighteen (18) years of age;
(B) A sex offense; or
(C) An offense resulting in death or serious physical injury.
(b) A person shall have his or her record of a conviction sealed by the court if the person:
(1) Committed a felony in this state while under sixteen (16) years of age;
(2) Was convicted and given a suspended sentence;
(3) Received a pardon for the conviction; and
(4) Has not been convicted of another criminal offense.
(c) This section does not prevent a person from requesting that his or her criminal record be sealed under § 16-90-1405 or § 16-90-1406.
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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. The source passage cites 16-90-1405. This identifies an authority to review, not proof of applicability.
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.