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21-8-305. Person convicted of public trust crime ineligible as candidate for constitutional office or to hold constitutional office.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-8-305. Person convicted of public trust crime ineligible as candidate for constitutional office or to hold constitutional office.
(a) If a person has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime, he or she shall not:
(1) File as a candidate for a constitutional office;
(2) Run as a candidate for a constitutional office; or
(3) Hold a constitutional office.
(b)(1) The sealing of any public trust crime or any similar offense under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or any sealing or expungement act in any jurisdiction shall not restore a privilege, eligibility, or qualification to file as a candidate for, run as a candidate for, or hold a constitutional office under this section.
(2) A person who has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime that was sealed or expunged as described in subdivision (b)(1) of this section:
(A) Upon inquiry, shall disclose the fact and nature of the crime which the person pleaded guilty or nolo contendere to or was found guilty of; and
(B) Shall not publicly state or affirm under oath that the:
(i) Conduct underlying the plea or finding did not occur;
(ii) Record of the underlying plea or finding does not exist; or
(iii) Person has not been convicted of a criminal offense.
(3) If a person has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime or similar offense that was sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or any sealing or expungement act in any jurisdiction, evidence of the plea, finding, and conduct underlying the plea or finding shall be admissible in a court of competent jurisdiction for an action co
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-8-305
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:21-8-305
Source file: gov.ar.code.title.21.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 52f32e3b21dc8a85f9ba2717f2ea6ff83448b9f13c698f8a35ec54a5f609c544
Source location: content.xml paragraph 6594
Stored source content
21-8-305. Person convicted of public trust crime ineligible as candidate for constitutional office or to hold constitutional office.
(a) If a person has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime, he or she shall not:
(1) File as a candidate for a constitutional office;
(2) Run as a candidate for a constitutional office; or
(3) Hold a constitutional office.
(b)(1) The sealing of any public trust crime or any similar offense under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or any sealing or expungement act in any jurisdiction shall not restore a privilege, eligibility, or qualification to file as a candidate for, run as a candidate for, or hold a constitutional office under this section.
(2) A person who has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime that was sealed or expunged as described in subdivision (b)(1) of this section:
(A) Upon inquiry, shall disclose the fact and nature of the crime which the person pleaded guilty or nolo contendere to or was found guilty of; and
(B) Shall not publicly state or affirm under oath that the:
(i) Conduct underlying the plea or finding did not occur;
(ii) Record of the underlying plea or finding does not exist; or
(iii) Person has not been convicted of a criminal offense.
(3) If a person has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime or similar offense that was sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or any sealing or expungement act in any jurisdiction, evidence of the plea, finding, and conduct underlying the plea or finding shall be admissible in a court of competent jurisdiction for an action concerning the person's filing for, candidacy for, or holding of a constitutional office.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-1401. Title.
This subchapter shall be known and may be cited as the “Comprehensive Criminal Record Sealing Act of 2013”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-1401
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 16-90-1401. This identifies an authority to review, not proof of applicability.