What is Sealing?
Once your record is sealed in Arkansas, the records are not accessible unless allowed by law. You can legally state that the offense did not happen and that a record does not exist.
Who is Eligible for Sealing?
You may be eligible to have the following adult criminal records sealed:
- An arrest if charges have not been filed within one year of the date of arrest;
- Charges that resulted in nolle prosequi a year or more ago, dismissal or acquittal, or if the prosecutor decided not to file charges;
- A first offense for which the case was deferred and you were granted probation;
- An offense for which you were sentenced to community correction;
- A misdemeanor offense or violation;
- A nonviolent Class C or nonviolent Class D felony;
- An unclassified felony;
- Specific drug-related Class A or Class B felonies;
- Solicitation to commit, attempt to commit, or conspiracy to commit one of the above felony offenses;
- A felony not involving violence committed when the person was less than 18 years old;
- A prostitution offense that occurred as a victim of human trafficking; or
- A conviction for which you have received a Governor’s pardon.
There is no limit to how many misdemeanor convictions can be sealed.
Certain felonies are eligible for sealing. You are only able to seal your felony record if you have no more than one felony conviction. You can seal more than one felony only if they are part of the same case or incident. All felony offenses that were committed as part of the same event must be considered a single conviction.
The following felony offenses are not eligible for sealing:
- A Class Y felony;
- A Class A or Class B felony except the specified drug-related felonies;
- Manslaughter;
- An unclassified felony if the maximum sentence for the offense is more than 10 years;
- A sex offense;
- A felony involving violence;
- A felony for which you served any portion of you sentence in the Department of Correction; or
- A felony traffic offense if you held a commercial learner’s permit or commercial driver’s license at the time the felony offense was committed.
In order to have your record sealed, you must have completed your sentence, including full payment of restitution, court costs, and driver’s license suspension reinstatement fees.
What Effect Does Sealing Have?
Once your record is sealed, it is as if the the offense never happened. You can say that it did not occur and that no record exists. Your record will not be released in most circumstances. Sealed records can still be used for future criminal proceedings or determination of offender or habitual offender status, health care licensing by a state agency or board, employment with a law enforcement agency, and other reasons allowed by law.
Once your record is sealed, most of your rights and privileges are restored. If your sealed record was a felony conviction, you must provide proof to the country clerk that you have been discharged from parole or probation to regain your right to vote. Sealing your record does not restore your right to carry a firearm if that right was lost as a result of your felony conviction.
When Can I Apply for Sealing?
You can apply to have your arrest record sealed if no charges are filed within one year of the date of the arrest. Similarly, if your case was nolle prossed, you can seal your record one year after the order of nolle prosequi was entered. You can apply to have your record sealed immediately if your case was dismissed, you were acquitted, or the prosecutor decided not to file charges.
If you were a first offender and your case was deferred while you completed probation, your record should be automatically sealed once you successfully complete probation.
If you were sentenced under Community Correction, you can petition the court to have your record sealed.
You can apply to seal your conviction only after you have completed your sentence, including full payment of any restitution, court costs, and driver’s license reinstatement fees. Depending on the offense, you may then have to wait for several years.
There is no waiting period if you were convicted of:
- Prostitution because you were a victim of human trafficking;
- Most misdemeanors or violations;
- A nonviolent Class C or nonviolent Class D felony;
- An unclassified felony;
- Certain Class A or Class B controlled substance felonies;
- Solicitation to commit, attempt to commit, or conspiracy to commit any of these offenses; or
- A felony not involving violence committed while you were under the age of 18.
You have to wait five years after you complete your sentence to apply for sealing if you were convicted of:
- Class A negligent homicide;
- Battery in the third degree;
- Indecent exposure;
- Public sexual indecency;
- Sexual assault in the fourth degree;
- Domestic battering in the third degree;
- A misdemeanor violation of driving while under the influence; or
- A violent Class C or violence Class D felony.
There is no limit to how many misdemeanor convictions or violations can be sealed. If your petition to seal your misdemeanor or violation record is denied, you must wait 90 days before submitting a new request. For misdemeanors with a five year waiting period, you must wait one year before submitting a new request.
How Do I Apply for Sealing?
Here are the nine steps to apply to seal a conviction:
- Get a copy of your Judgment and Commitment Order form. To access the form, visit the clerk’s office at the court where you were sentenced and request a copy.
- Pay the fee. You may be charged a small fee for the copies.
- Obtain your Arkansas Crime Information Center (ACIC) criminal history record for detailed information about what is on your criminal record.
- Collect all of the necessary documents. Most prosecutors will require proof that you have completed the terms of your sentence. You can get proof that you paid your fines from the sheriff’s department. You can get proof that you finished the terms of your probation from the probation department.
- File a Uniform Petition to Seal in the Circuit or District Court where you were sentenced. To access the correct forms, visit the ACIC website here: Arkansas Crime Information Center Forms. There are different forms depending on what type of record you want to seal.
- Submit the correct form. There is no fee to file any of the sealing forms.
- Make three copies of everything and go to the clerk of the circuit court or district court in the county where you were charged. For court locations, visit the Arkansas Judiciary websites here: Circuit Court Clerks and District County Clerks.
- File your petition and the supporting documents with the clerk.
- Give a copy of the filed legal forms to the prosecuting attorney and the arresting agency.
Once you file your forms, you must wait. If you are applying to seal a misdemeanor conviction, anyone who objects to your sealing can file a notice of opposition and give the reasons they are opposing within 30 days. If you are applying to seal a felony conviction, the court has to wait 90 days to see if the prosecutor objects.
If your petition to seal is granted, a Uniform Order to Seal should be filed with the court clerk. The clerk will send copies to the prosecutor, arresting agency, ACIC, and Administrative Office of the Courts.
More Information About Sealing
Related Links
Petition to Seal (Expungement) Packet
The Papillon Foundation
Collateral Consequences Resource Center
Clean Slate Clearinghouse