2019 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
§ 16-90-1406. Felony Convictions Eligible for Sealing

Universal Citation: AR Code § 16-90-1406 (2019)
  • (a) Unless prohibited under § 16-90-1408, a person may petition a court to seal a record of a conviction immediately after the completion of the person's sentence for:

    • (1) A nonviolent Class C felony or nonviolent Class D felony;

    • (2) An unclassified felony;

    • (3) An offense under § 5-64-401 et seq. that is a Class A felony or Class B felony;

    • (4) Solicitation to commit, attempt to commit, or conspiracy to commit the substantive offenses listed in subdivisions (a)(1)-(3) of this section; or

    • (5) A felony not involving violence committed while the person was less than eighteen (18) years of age.

  • (b) Unless prohibited under § 16-90-1408, a person may petition a court with jurisdiction to seal a record of a conviction under this section after five (5) years have elapsed since the completion of the person's sentence for a violent Class C felony or a violent Class D felony.

  • (c)

    • (1)

      • (A) The petitioner can have no more than one (1) previous felony conviction.

      • (B) For the sole purpose of calculating the number of previous felony convictions under this section, all felony offenses that were committed as part of the same criminal episode and for which the person was convicted are a single conviction.

    • (2) The fact that a prior felony conviction has been previously sealed shall not prevent its counting as a prior conviction for the purposes of this subsection.

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