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16-90-1414. Uniform petition and uniform order to seal records.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-1414. Uniform petition and uniform order to seal records.
(a)(1) The Arkansas Crime Information Center shall adopt and provide the following to be used by a petitioner and any circuit court or district court in this state:
(A) A uniform petition to seal records; and
(B) A uniform order to seal records.
(2) An order to seal records covered by this subchapter shall not be effective unless the uniform order is entered.
(3)(A) The uniform petition shall include a statement verified under oath indicating whether the petitioner has felony charges pending in any state or federal court and the status of the pending felony charges as well as whether the person is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.
(B) The uniform petition also shall include a statement that the information contained in the uniform petition is true and correct to the best of the petitioner's knowledge.
(4) The uniform order shall contain, at a minimum, the following data:
(A) The person's full name, race, gender, and date of birth;
(B) The person's full name at the time of arrest and adjudication of guilt, if applicable, if different from the person's current name;
(C) The offense for which the person was adjudicated guilty and the date of the disposition, if applicable;
(D) The identity of the court;
(E) The provision under this subchapter that provides for sealing of the record, if applicable;
(F) The specific records to be sealed;
(G) The arrest tracking number;
(H) The system identification (SID) number; and
(I) The Federal Bureau of Investigation number, if known.
(b)(1) If a record for the charges of the offense does not exist at the center, a record shall be established before the uniform order
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-1414
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:16-90-1414
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 49007d5f207a5b16168c81ea3bc4c576a66440e5e83f5a121f6dac3b9d5c798d
Source location: content.xml paragraph 36108
Stored source content
16-90-1414. Uniform petition and uniform order to seal records.
(a)(1) The Arkansas Crime Information Center shall adopt and provide the following to be used by a petitioner and any circuit court or district court in this state:
(A) A uniform petition to seal records; and
(B) A uniform order to seal records.
(2) An order to seal records covered by this subchapter shall not be effective unless the uniform order is entered.
(3)(A) The uniform petition shall include a statement verified under oath indicating whether the petitioner has felony charges pending in any state or federal court and the status of the pending felony charges as well as whether the person is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.
(B) The uniform petition also shall include a statement that the information contained in the uniform petition is true and correct to the best of the petitioner's knowledge.
(4) The uniform order shall contain, at a minimum, the following data:
(A) The person's full name, race, gender, and date of birth;
(B) The person's full name at the time of arrest and adjudication of guilt, if applicable, if different from the person's current name;
(C) The offense for which the person was adjudicated guilty and the date of the disposition, if applicable;
(D) The identity of the court;
(E) The provision under this subchapter that provides for sealing of the record, if applicable;
(F) The specific records to be sealed;
(G) The arrest tracking number;
(H) The system identification (SID) number; and
(I) The Federal Bureau of Investigation number, if known.
(b)(1) If a record for the charges of the offense does not exist at the center, a record shall be established before the uniform order becomes effective.
(2) When a record does exist in the center, the petitioner and the original arresting agency shall submit fingerprint cards on the petitioner under § 12-12-1006 and procedures established by the center.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1006. Fingerprinting, DNA sample collection, and photographing.
(a)(1)(A) Immediately following an arrest for an offense, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person if the offense is a felony or a Class A misdemeanor.
(B) A law enforcement official at the receiving criminal detention facility shall not take fingerprints of the arrested person if:
(i) The arrest was for a probation violation; and
(ii) The arrested person's fingerprints are already possessed by the Identification Bureau of the Department of Arkansas State Police.
(2) In addition to the requirements of subdivision (a)(1) of this section, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, a DNA sample of a person arrested for any felony offense.
(b)(1) When the first appearance of a defendant in court is caused by a citation or summons for an offense, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person when the offense is a felony or a Class A misdemeanor.
(2) In addition to the requirements of subdivision (b)(1) of this section, if the first appearance of a defendant in court is caused by a citation or summons for a felony offense enumerated in subdivision (a)(2) of this section, the court immediately shall order and a law enforcement officer shall take or cause to be taken a DNA sample of the arrested person.
(c)(1) When felony or Class A misdemeanor charges are brought against a person already in the custody of a law enforcement agency or correctional agency and the charges are separate from the ch
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1006
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 12-12-1006. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-901. Title.
This subchapter shall be known and may be cited as the “Sex Offender Registration Act of 1997”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-901
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 12-12-901. This identifies an authority to review, not proof of applicability.