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16-93-304. Probation — First-time offenders — Arkansas Crime Information Center.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-304. Probation — First-time offenders — Arkansas Crime Information Center.
(a) All district court judges and circuit court judges shall immediately report to the Arkansas Crime Information Center, in the form prescribed by the center, all probations of criminal defendants under §§ 16-93-301 — 16-93-303.
(b) Prior to granting probation to a criminal defendant under §§ 16-93-301 — 16-93-303, the court shall query the center to determine whether the criminal defendant has previously been granted probation under the provisions of §§ 16-93-301 — 16-93-303.
(c) If the center determines that an individual has utilized §§ 16-93-301 — 16-93-303 more than one (1) time, the center shall notify the last sentencing judge of that fact.
(d) During the probationary period under this subchapter, the center shall report the case as pending and shall not record it as guilty until the circuit court or district court enters an adjudication of guilt.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-304
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:16-93-304
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 29e0b85917be2c82efd83d83b4399b17ab8cd20747ad63d1f46637976a0cf0cf
Source location: content.xml paragraph 37718
Stored source content
16-93-304. Probation — First-time offenders — Arkansas Crime Information Center.
(a) All district court judges and circuit court judges shall immediately report to the Arkansas Crime Information Center, in the form prescribed by the center, all probations of criminal defendants under §§ 16-93-301 — 16-93-303.
(b) Prior to granting probation to a criminal defendant under §§ 16-93-301 — 16-93-303, the court shall query the center to determine whether the criminal defendant has previously been granted probation under the provisions of §§ 16-93-301 — 16-93-303.
(c) If the center determines that an individual has utilized §§ 16-93-301 — 16-93-303 more than one (1) time, the center shall notify the last sentencing judge of that fact.
(d) During the probationary period under this subchapter, the center shall report the case as pending and shall not record it as guilty until the circuit court or district court enters an adjudication of guilt.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-301. Definitions.
As used in this subchapter, “sealing” means the procedure and effect as defined in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-301
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 16-93-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-303. Probation — First time offenders — Procedure.
(a)(1)(A)(i) When an accused enters a plea of guilty or nolo contendere prior to an adjudication of guilt, the circuit court or district court, in the case of a defendant who previously has not been convicted of a felony, without making a finding of guilt or entering a judgment of guilt and with the consent of the defendant, may defer further proceedings and place the defendant on probation for a period of not less than one (1) year, under such terms and conditions as may be set by the circuit court or district court.
(ii) A sentence of a fine not exceeding three thousand five hundred dollars ($3,500) or an assessment of court costs against a defendant does not negate the benefits provided by this section or cause the probation placed on the defendant under this section to constitute a conviction except under subsections (c)-(e) of this section.
(B) However, a person who is found guilty of or pleads guilty or nolo contendere to one (1) or more of the following offenses is not eligible for sealing of the record under this subchapter:
(i) An offense that requires the person to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;
(ii) Public sexual indecency, § 5-14-111;
(iii) Indecent exposure, § 5-14-112;
(iv) Bestiality, § 5-14-122;
(v) Exposing another person to the human immunodeficiency virus, § 5-14-123; or
(vi) A serious felony involving violence or a felony involving violence as provided in § 5-4-501.
(2) Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided.
(3) This subsection does not require or compel any court of this state to establish first offender procedures as provided i
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-303
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 16-93-303. This identifies an authority to review, not proof of applicability.