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16-90-1415. Burden of proof — Standard of review.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-1415. Burden of proof — Standard of review.
(a) For a uniform petition filed under § 16-90-1405, unless the circuit court or district court is presented with and finds that there is clear and convincing evidence that a misdemeanor or violation conviction should not be sealed under this subchapter, the circuit court or district court shall seal the misdemeanor or violation conviction for a person after the person files a uniform petition as described in this section.
(b)(1) A uniform petition filed under § 16-90-1406 may be granted if the court finds by clear and convincing evidence that doing so would further the interests of justice, considering the following factors:
(A) Whether the person appears likely to reoffend;
(B) The person's other criminal history;
(C) The existence of any pending charges or criminal investigations involving the person;
(D) Input from the victim of the offense for which the person was convicted, if applicable; and
(E) Any other information provided by the state that would cause a reasonable person to consider the person a further threat to society.
(2) The factors listed in subdivision (b)(1) of this section are not exclusive.
(c) A uniform petition filed under § 16-90-1407 may be granted if the court finds that doing so is in the best interest of the petitioner and the state.
(d) A uniform petition filed under § 16-90-1409 or § 16-90-1410 shall be granted unless the state shows by a preponderance of the evidence that doing so would:
(1) Place the public at risk; or
(2) Not further the interests of justice.
(e) A uniform petition filed under § 16-90-1411 shall be granted if the court finds that the requirements of § 16-90-1411 are met.
(f)(1) An appeal of the grant or denial of the uniform petition to seal ma
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-1415
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:16-90-1415
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5e2dc8fff0d3aef3b56c8bc560bdc1b802487f0def052ea2cb69feaedd321516
Source location: content.xml paragraph 36136
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16-90-1415. Burden of proof — Standard of review.
(a) For a uniform petition filed under § 16-90-1405, unless the circuit court or district court is presented with and finds that there is clear and convincing evidence that a misdemeanor or violation conviction should not be sealed under this subchapter, the circuit court or district court shall seal the misdemeanor or violation conviction for a person after the person files a uniform petition as described in this section.
(b)(1) A uniform petition filed under § 16-90-1406 may be granted if the court finds by clear and convincing evidence that doing so would further the interests of justice, considering the following factors:
(A) Whether the person appears likely to reoffend;
(B) The person's other criminal history;
(C) The existence of any pending charges or criminal investigations involving the person;
(D) Input from the victim of the offense for which the person was convicted, if applicable; and
(E) Any other information provided by the state that would cause a reasonable person to consider the person a further threat to society.
(2) The factors listed in subdivision (b)(1) of this section are not exclusive.
(c) A uniform petition filed under § 16-90-1407 may be granted if the court finds that doing so is in the best interest of the petitioner and the state.
(d) A uniform petition filed under § 16-90-1409 or § 16-90-1410 shall be granted unless the state shows by a preponderance of the evidence that doing so would:
(1) Place the public at risk; or
(2) Not further the interests of justice.
(e) A uniform petition filed under § 16-90-1411 shall be granted if the court finds that the requirements of § 16-90-1411 are met.
(f)(1) An appeal of the grant or denial of the uniform petition to seal may be taken by either party.
(2) An appeal from the district court shall be taken to the circuit court, which shall review the case de novo.
(3) An appeal from the circuit court shall be taken as provided by Supreme Court rule, and the appellate court shall review the case using an abuse of discretion standard.
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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.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-1407. Special procedures for sealing a controlled substance possession conviction.
A person may petition the court to seal a record of a conviction for possession of a controlled substance, § 5-64-419, or counterfeit substance, § 5-64-441, upon the completion of the person's sentence if, prior to sentencing:
(1) An intake officer appointed by the court, where applicable, determines that the person has a drug addiction and recommends the person as a candidate for residential drug treatment;
(2) The court places the person on probation and includes as part of the terms and conditions of the probation that:
(A) The person successfully complete a drug treatment program approved by the court; and
(B) The person remain drug-free until successful completion of probation; and
(3) The person successfully completes the terms and conditions of the probation.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-1407
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 16-90-1407. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-1409. Sealing records of arrests.
(a) A person may petition a district court or circuit court to seal a record of a prior arrest if charges have not been filed by the prosecuting attorney within one (1) year of the date of the arrest.
(b) The petition shall be filed in the county in which the arrest was made.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-1409
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 16-90-1409. This identifies an authority to review, not proof of applicability.