2019 Arkansas Code
Title 21 - Public Officers and Employees
Chapter 8 - Ethics and Conflicts of Interest
Subchapter 3 - Code of Ethics
§ 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.
