Expungement Attorneys in Arkansas
Expungement in Arkansas
In Arkansas expungement really means that your criminal record is closed and sealed. Unlike other states though, Arkansas does not completely destroy your criminal record. Your record may still be available in some cases such as if you are seeking employment as a teacher, day care worker, nursing home worker, or in the criminal justice field.
Although the steps to file for an expungement are fairly straightforward, it is still highly recommended that you obtain a lawyer familiar with the expungement process in Arkansas. The basic steps include the following:
- File petition to seal records in the circuit or district court where the crime was committed. You will need to include with your petition any details of the offense, the case information, and proof of your fulfillment of any requirements of your original sentence.
- After you have filed the prosecutor and arresting agency will be provided a copy of your petition. They can either oppose or not oppose.
- If they do not oppose the court may grant your petition without any further action or hearing.
- If they do oppose, your petition will go to a hearing with a judge to determine if your record should be sealed.
- The order to expunge will be filed with clerk of the court.
You are eligible to apply for expungement in Arkansas if:
- You are a first-time offender, charged with a driving or controlled substance offense. You are eligible upon completion of any probation.
- If you are minor who was pardoned or you have non-violent felonies while you were under 18 you may be eligible.
- You were arrested, but not charged.
- You were charged and arrested, but the charges were dismissed, acquitted, or declared nolle prosequi.
- If you were pardoned, with the exception of sexual offenses, crimes against minors, or offenses resulting in death or serious injury.
You are not eligible to apply for expungement in Arkansas if:
- You have more than one felony conviction.
- You have previously been granted an expungement.
- You have pending arrests or open cases.
- You have not completed your sentence or paid all your fines.
- You were convicted of a capital offense such as murder in the first degree, murder in the second degree, first degree rap, aggravated robbery, kidnapping, and giving controlled substances to minors.
- You committed acts like child molestation, prostitution, sexual battery, theft and serious traffic offenses such as DUI, vehicular homicide, or fleeing the scene of an accident.