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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
§ 16-90-1417. Effect of sealing
Universal Citation: AR Code § 16-90-1417 (2017)
- (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; or
- (F) Any disclosure mandated by Rule 17, 18, or 19 of the Arkansas Rules of Criminal Procedure.
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