16-90-1413. Procedure for sealing of records.

16-90-1413. Procedure for sealing of records. (a)(1) A person who is eligible to have a record sealed under this subchapter may file a uniform petition in the circuit court or district court in the county where the offense was committed and in which the person was convicted for the offense he or she is now petitioning to have sealed. (2) Except as provided in § 16-90-1405, if a person has previously petitioned the court for the sealing of a record and that petition was subsequently denied, the person may not file a uniform petition under this subchapter regarding that record until one (1) year has passed since the denial of the previous petition. (b)(1)(A) A copy of the uniform petition shall be served upon the prosecuting attorney for the county in which the uniform petition is filed and the arresting agency, if the arresting agency is a named party, within three (3) days of the filing of the uniform petition. (B) It is not necessary to make the arresting agency a party to the action. (2)(A) The prosecuting attorney may file a notice of opposition with the court for a petition seeking to seal a record of an eligible misdemeanor conviction or violation setting forth reasons for the opposition to the sealing within thirty (30) days after receipt of the uniform petition or after the uniform petition is filed, whichever is the later date. (B)(i) If notice of opposition is not filed, the court may grant the uniform petition. (ii) If notice of opposition is filed, the court shall set the matter for a hearing if the record for which the uniform petition was filed is eligible for sealing under this subchapter unless the prosecuting attorney consents to allow the court to decide the case solely on the pleadings. (3)(A) The prosecuting attorney may file a notice of opposition with the court for a petition seeking to seal a record of an eligible felony conviction setting forth reasons for the opposition to the sealing. (B) A court may not sign a uniform order sealing an eligible felony conviction without a hearing. (c)(1) The court may not grant the uniform petition until thirty (30) days have passed since the uniform petition was served on the prosecuting attorney, although the court may deny the uniform petition at any time. (2) If the court determines that the record shall be sealed under the standards of § 16-90-1415, the uniform order described in § 16-90-1414 shall be entered and filed with the circuit court clerk or district court clerk, as applicable. (d)(1) A court clerk with whom a uniform order is filed shall certify copies of the uniform order to the prosecuting attorney who filed the underlying charges, the arresting agency, the Arkansas Crime Information Center, and, if applicable, any district court where the person appeared before the transfer or appeal of the case to circuit court. (2) The Administrative Office of the Courts shall only accept certified copies of the uniform orders filed in circuit court. (e)(1) The circuit court clerk, the district court clerk, and, if applicable, the district court clerk where the person appeared before the transfer or appeal of the case to circuit court shall: (A) Remove all petitions, orders, docket sheets, receipts, and documents relating to the record; (B) Place the records described in subdivision (e)(1)(A) of this section in a file; and (C) Sequester the records described in subdivision (e)(1)(A) of this section in a separate and confidential holding area within the clerk's office. (2)(A) A docket sheet shall be prepared to replace the sealed docket sheet. (B) The replacement docket sheet shall contain the docket number, a statement that the record has been sealed, and the date that the order to seal the record was issued. (3) All indices to the file of the person with a sealed record shall be maintained in a manner to prevent general access to the identification of the person. (f) The prosecuting attorney shall: (1) Remove the entire case file and documents or other items related to the record; (2) Place the records described in subdivision (e)(1)(A) of this section in a file; and (3) Sequester the records described in subdivision (e)(1)(A) of this section in a confidential holding area within his or her office. (g) The arresting agency shall: (1) Remove its entire record file and documents or other items relating to the record, including any evidence still in the arresting agency's possession; (2) Place the records described in subdivision (e)(1)(A) of this section in a file; and (3) Sequester the records described in subdivision (e)(1)(A) of this section in a confidential holding area within the arresting agency. (h) Upon notification of a uniform order, all circuit clerks, district clerks, arresting agencies, and other criminal justice agencies maintaining records in a computer-generated database shall either segregate the entire record, including receipts, into a separate file or ensure by other electronic means that the sealed record shall not be available for general access unless otherwise authorized by law.