2010 Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 90 - Judgment And Sentence Generally
Subchapter 9 - Expungement and Sealing of Criminal Records
§ 16-90-901 - Definition.

16-90-901. Definition.

(a) (1) As used in 5-64-407, 5-4-311, 16-90-601, 16-90-602, 16-90-605, 16-93-301 -- 16-93-303, and 16-93-1207, "expunge" shall mean that the record or records in question shall be sealed, sequestered, and treated as confidential in accordance with the procedures established by this subchapter.

(2) Unless otherwise provided by this subchapter, "expunge" shall not mean the physical destruction of any records.

(3) No person who is found guilty of or pleads guilty or nolo contendere to a sexual offense as defined in this section and in which the victim was under the age of eighteen (18) years shall be eligible to have the offense expunged under the procedures set forth in this subchapter.

(b) For purposes of this subchapter, "sexual offense" shall be defined as conduct prohibited by 5-14-101 et seq., 5-26-202, 5-27-602, 5-27-603, 5-27-605, 16-93-303(a)(1)(B), and any other subsequently enacted criminal law prohibiting sexual conduct with a child.

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