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16-90-1417. Effect of sealing.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-1417. Effect of sealing.
(a)(1) A person whose record has been sealed under this subchapter shall have all privileges and rights restored, and the record that has been sealed shall not affect any of his or her civil rights or liberties unless otherwise specifically provided by law.
(2) A person who wants to reacquire the right to vote removed from him or her as the result of a felony conviction must follow the procedures in Arkansas Constitution, Amendment 51, § 11.
(3) The effect of this subchapter does not reconfer the right to carry a firearm if that right was removed as the result of a felony conviction.
(b)(1) Upon the entry of the uniform order, the person's underlying conduct shall be deemed as a matter of law never to have occurred, and the person may state that the underlying conduct did not occur and that a record of the person that was sealed does not exist.
(2) This subchapter does not prevent the use of the record of a prior conviction otherwise sealed under this subchapter for the following purposes:
(A) A criminal proceeding for any purpose not otherwise prohibited by law;
(B) Determination of offender status under the former § 5-64-413;
(C) Habitual offender status, § 5-4-501 et seq.;
(D) Impeachment upon cross-examination as dictated by the Arkansas Rules of Evidence;
(E) Healthcare professional licensure by a state agency or board;
(F) Any disclosure mandated by Rule 17, 18, or 19 of the Arkansas Rules of Criminal Procedure; or
(G) Determination of certification, eligibility for certification, or of the ability to act as a law enforcement officer, by the Arkansas Commission on Law Enforcement Standards and Training.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-1417
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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Record provenance
Stable record: arkansas_code:legal_authorities:16-90-1417
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 01ccced66667b53a76d1b94acaed451bda097f2c9e75a2831bf0f0ec616c2db9
Source location: content.xml paragraph 36179
Stored source content
16-90-1417. Effect of sealing.
(a)(1) A person whose record has been sealed under this subchapter shall have all privileges and rights restored, and the record that has been sealed shall not affect any of his or her civil rights or liberties unless otherwise specifically provided by law.
(2) A person who wants to reacquire the right to vote removed from him or her as the result of a felony conviction must follow the procedures in Arkansas Constitution, Amendment 51, § 11.
(3) The effect of this subchapter does not reconfer the right to carry a firearm if that right was removed as the result of a felony conviction.
(b)(1) Upon the entry of the uniform order, the person's underlying conduct shall be deemed as a matter of law never to have occurred, and the person may state that the underlying conduct did not occur and that a record of the person that was sealed does not exist.
(2) This subchapter does not prevent the use of the record of a prior conviction otherwise sealed under this subchapter for the following purposes:
(A) A criminal proceeding for any purpose not otherwise prohibited by law;
(B) Determination of offender status under the former § 5-64-413;
(C) Habitual offender status, § 5-4-501 et seq.;
(D) Impeachment upon cross-examination as dictated by the Arkansas Rules of Evidence;
(E) Healthcare professional licensure by a state agency or board;
(F) Any disclosure mandated by Rule 17, 18, or 19 of the Arkansas Rules of Criminal Procedure; or
(G) Determination of certification, eligibility for certification, or of the ability to act as a law enforcement officer, by the Arkansas Commission on Law Enforcement Standards and Training.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-501. Habitual offenders — Sentencing for felony.
(a)(1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and to an extended term of imprisonment as set forth in subdivision (a)(2) of this section:
(A) A defendant who:
(i) Is convicted of a felony other than those enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies or who has been found guilty of more than one (1) but fewer than four (4) felonies;
(B) A defendant who:
(i) Is convicted of any felony enumerated in subsection (c) of this section committed after August 31, 1997; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (c) of this section or who has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (c) of this section; or
(C) A defendant who:
(i) Is convicted of any felony enumerated in subsection (d) of this section committed after August 31, 1997; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (d) of this section or has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (d) of this section.
(2) The extended term of imprisonment for a defendant described in subdivision (a)(1) of this section is as follows:
(A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than sixty (60) years, or life;
(B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-501
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 5-4-501. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-413. [Repealed.]
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-413
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: repealed. The source passage cites 5-64-413. This identifies an authority to review, not proof of applicability.