2017 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 90 - Judgment and Sentence Generally
Subchapter 14 - Comprehensive Criminal Record Sealing Act of 2013
§ 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.
- (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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