Cite as 2026 Ark. App. 137 ARKANSAS COURT OF APPEALS DIVISION IV No. CR-24-759
Opinion Delivered February 25, 2026 STATE OF ARKANSAS APPEAL FROM THE PULASKI COUNTY APPELLANT CIRCUIT COURT, SEVENTH DIVISION [NO. 60CR-18-2759] V. HONORABLE KAREN WHATLEY, JUDGE VALENCIA COLEMAN AFFIRMED; REMANDED TO CORRECT APPELLEE ORDER TO SEAL
WAYMOND M. BROWN, Judge
The State of Arkansas brings this appeal from the Pulaski County Circuit Court’s order sealing
Valencia Coleman’s conviction for driving while intoxicated-first offense. On appeal, the State
argues that the circuit court misinterpreted the applicable statutes and erroneously applied a shorter
“lookback” period in sealing Coleman’s conviction. We affirm but remand to the circuit court for
correction of the order to seal.
On July 6, 2018, Coleman was arrested and subsequently charged with driving while
intoxicated (“DWI”) in violation of Arkansas Code Annotated section 5-65-103.1 On October 31,
2019, she entered a negotiated guilty plea to the offense. In a sentencing order entered on November
6, Coleman was sentenced to seven days in jail with five days suspended.
1 (Repl. 2016). On September 20, 2023, Coleman filed a pro se petition seeking to seal her misdemeanor
DWI conviction. The State objected to the petition, asserting that Coleman’s conviction could not
be sealed until expiration of the applicable ten- or twenty-year lookback period.
On July 23, 2024, the circuit court held a hearing on Coleman’s petition to seal her DWI
conviction. The court stated that a five-year lookback period was in effect in July 2018 when
Coleman committed the DWI offense; hence, she is entitled to have the conviction sealed. The court
explained that the law later changed in 2021 to a longer ten-year lookback period for DWI-first
offense. The State argued that “since the petition to seal is filed now, then the current look-back
period is what would apply.” The court disagreed and granted Coleman’s petition and entered an
order sealing her conviction. The State brought this appeal.
The sole question in this case is whether Coleman’s DWI conviction was eligible to be sealed.
The Comprehensive Criminal Record Sealing Act of 2013 (“CCRSA”), codified at Arkansas
Code Annotated sections 16-90-1401 et seq.,2 established a uniform procedure for sealing a person’s
record and detailed the circumstances in which individuals were eligible to have their records sealed.
Section 16-90-1405 of the CCRSA establishes eligibility to file a petition to seal a misdemeanor
offense or violation.
The State argues that the provisions of the CCRSA in effect when Coleman filed her petition
to seal are what controls here. The State specifically asserts that under Arkansas Code Annotated
section 16-90-1405(b)(2), a misdemeanor DWI conviction cannot be sealed until after the applicable
lookback periods under Arkansas Code Annotated section 5-65-1113 expires. The applicable
2 (Repl. 2016 & Supp. 2025). 3 (Repl. 2024).
2 amended version of section 5-65-111 lengthened the lookback period from five years to ten years for
a DWI-second through DWI-fifth conviction. Further, the State argues that Arkansas Code
Annotated section 5-65-111(h) contains a “restrictive clause” that makes the lengthened lookback
period retroactive to offenses such as Coleman’s that occurred and reached final adjudication before
July 28, 2021.
Coleman argues that a five-year lookback period was in effect in July 2018 when she
committed the DWI offense; hence, she is entitled to have the conviction sealed. Specifically, before
July 28, 2021, when the amended CCRSA took effect, section 16-90-1405(b)(1)(G) provided that a
new uniform petition to seal a misdemeanor violation of section 5-65-103 may not be filed until a
period of five years has elapsed since the completion of the person’s sentence for the conviction.
When she filed the petition to seal, five years had elapsed since Coleman had completed her sentence.
First, we find that both the State and Coleman incorrectly rely on subsection (b) of section
16-90-1405. Arkansas Code Annotated section 16-90-1405, as effective when Coleman committed
the misdemeanor offense, provides as follows:
(a) A person is eligible to file a uniform petition under this subchapter to seal his or her record of a misdemeanor or violation sixty (60) days after:
(1) The completion of his or her sentence for the misdemeanor or violation, including full payment of restitution;
(2) Full payment of court costs;
(3) Full payment of driver’s license suspension reinstatement fees, if a driver’s license suspension reinstatement fee was assessed as a result of the person’s arrest or conviction for the misdemeanor or violation; and
(4) The completion of all other driver’s license reinstatement requirements, if a driver’s license suspension was imposed as a result of the person’s arrest or conviction for the misdemeanor or violation.
3 (b) There is not a limit to the number of times a person may file a uniform petition to seal his or her record of a misdemeanor or violation, except that the person may not file:
(1) A new uniform petition to seal one of the following criminal offenses until after a period of five (5) years has elapsed since the completion of the person’s sentence for the conviction:
(A) Negligent homicide, § 5-10-105, if it was a Class A misdemeanor;
(B) Battery in the third degree, § 5-13-203;
(C) Indecent exposure, § 5-14-112;
(D) Public sexual indecency, § 5-14-111;
(E) Sexual assault in the fourth degree, § 5-14-127;
(F) Domestic battering in the third degree, § 5-26-305; or
(G) A misdemeanor violation of § 5-65-103;
A thorough reading of the statute reveals that subsection (a) pertains to initial petitions to seal
the record of a misdemeanor offense or violation, while subsection (b) relates to subsequent or “new”
petitions to seal. Because Coleman’s petition to seal was an initial petition and not a subsequent
petition, subsection (b) is inapplicable.
We next turn to the State’s argument that the amended version of the CCRSA should be
applied retroactively. Notably, the State does not contend that the whole Act operates retroactively.
In the absence of a provision stating that an act will apply retroactively, the act will apply
prospectively only.4 Because the State’s retroactivity argument stems specifically and solely from the
4 State v. Murphy, 315 Ark. 68, 864 S.W.2d 842 (1993).
4 provisions of subsection (b), which we have determined is not applicable under these facts, we need
not address it further.
Plainly, for sealing eligibility of Coleman’s misdemeanor offense, we are directed to look to
section 16-90-1405(a) of the CCRSA, which was in effect when Coleman committed the DWI
offense. As provided above, it states that a person is eligible to file a petition to seal the record of his
or her misdemeanor conviction sixty days after meeting the requirements outlined herein. There is
no dispute that Coleman met the requirements, i.e., the petition was filed more than sixty days
following the completion of her sentence and payment of all fees, costs, and restitution ordered by
the court. Therefore, she was eligible to file the petition and request the sealing of her misdemeanor
conviction. Accordingly, we affirm the circuit court’s order granting Coleman’s petition to seal the
record of her misdemeanor DWI conviction.
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Cite as 2026 Ark. App. 137 ARKANSAS COURT OF APPEALS DIVISION IV No. CR-24-759
Opinion Delivered February 25, 2026 STATE OF ARKANSAS APPEAL FROM THE PULASKI COUNTY APPELLANT CIRCUIT COURT, SEVENTH DIVISION [NO. 60CR-18-2759] V. HONORABLE KAREN WHATLEY, JUDGE VALENCIA COLEMAN AFFIRMED; REMANDED TO CORRECT APPELLEE ORDER TO SEAL
WAYMOND M. BROWN, Judge
The State of Arkansas brings this appeal from the Pulaski County Circuit Court’s order sealing
Valencia Coleman’s conviction for driving while intoxicated-first offense. On appeal, the State
argues that the circuit court misinterpreted the applicable statutes and erroneously applied a shorter
“lookback” period in sealing Coleman’s conviction. We affirm but remand to the circuit court for
correction of the order to seal.
On July 6, 2018, Coleman was arrested and subsequently charged with driving while
intoxicated (“DWI”) in violation of Arkansas Code Annotated section 5-65-103.1 On October 31,
2019, she entered a negotiated guilty plea to the offense. In a sentencing order entered on November
6, Coleman was sentenced to seven days in jail with five days suspended.
1 (Repl. 2016). On September 20, 2023, Coleman filed a pro se petition seeking to seal her misdemeanor
DWI conviction. The State objected to the petition, asserting that Coleman’s conviction could not
be sealed until expiration of the applicable ten- or twenty-year lookback period.
On July 23, 2024, the circuit court held a hearing on Coleman’s petition to seal her DWI
conviction. The court stated that a five-year lookback period was in effect in July 2018 when
Coleman committed the DWI offense; hence, she is entitled to have the conviction sealed. The court
explained that the law later changed in 2021 to a longer ten-year lookback period for DWI-first
offense. The State argued that “since the petition to seal is filed now, then the current look-back
period is what would apply.” The court disagreed and granted Coleman’s petition and entered an
order sealing her conviction. The State brought this appeal.
The sole question in this case is whether Coleman’s DWI conviction was eligible to be sealed.
The Comprehensive Criminal Record Sealing Act of 2013 (“CCRSA”), codified at Arkansas
Code Annotated sections 16-90-1401 et seq.,2 established a uniform procedure for sealing a person’s
record and detailed the circumstances in which individuals were eligible to have their records sealed.
Section 16-90-1405 of the CCRSA establishes eligibility to file a petition to seal a misdemeanor
offense or violation.
The State argues that the provisions of the CCRSA in effect when Coleman filed her petition
to seal are what controls here. The State specifically asserts that under Arkansas Code Annotated
section 16-90-1405(b)(2), a misdemeanor DWI conviction cannot be sealed until after the applicable
lookback periods under Arkansas Code Annotated section 5-65-1113 expires. The applicable
2 (Repl. 2016 & Supp. 2025). 3 (Repl. 2024).
2 amended version of section 5-65-111 lengthened the lookback period from five years to ten years for
a DWI-second through DWI-fifth conviction. Further, the State argues that Arkansas Code
Annotated section 5-65-111(h) contains a “restrictive clause” that makes the lengthened lookback
period retroactive to offenses such as Coleman’s that occurred and reached final adjudication before
July 28, 2021.
Coleman argues that a five-year lookback period was in effect in July 2018 when she
committed the DWI offense; hence, she is entitled to have the conviction sealed. Specifically, before
July 28, 2021, when the amended CCRSA took effect, section 16-90-1405(b)(1)(G) provided that a
new uniform petition to seal a misdemeanor violation of section 5-65-103 may not be filed until a
period of five years has elapsed since the completion of the person’s sentence for the conviction.
When she filed the petition to seal, five years had elapsed since Coleman had completed her sentence.
First, we find that both the State and Coleman incorrectly rely on subsection (b) of section
16-90-1405. Arkansas Code Annotated section 16-90-1405, as effective when Coleman committed
the misdemeanor offense, provides as follows:
(a) A person is eligible to file a uniform petition under this subchapter to seal his or her record of a misdemeanor or violation sixty (60) days after:
(1) The completion of his or her sentence for the misdemeanor or violation, including full payment of restitution;
(2) Full payment of court costs;
(3) Full payment of driver’s license suspension reinstatement fees, if a driver’s license suspension reinstatement fee was assessed as a result of the person’s arrest or conviction for the misdemeanor or violation; and
(4) The completion of all other driver’s license reinstatement requirements, if a driver’s license suspension was imposed as a result of the person’s arrest or conviction for the misdemeanor or violation.
3 (b) There is not a limit to the number of times a person may file a uniform petition to seal his or her record of a misdemeanor or violation, except that the person may not file:
(1) A new uniform petition to seal one of the following criminal offenses until after a period of five (5) years has elapsed since the completion of the person’s sentence for the conviction:
(A) Negligent homicide, § 5-10-105, if it was a Class A misdemeanor;
(B) Battery in the third degree, § 5-13-203;
(C) Indecent exposure, § 5-14-112;
(D) Public sexual indecency, § 5-14-111;
(E) Sexual assault in the fourth degree, § 5-14-127;
(F) Domestic battering in the third degree, § 5-26-305; or
(G) A misdemeanor violation of § 5-65-103;
A thorough reading of the statute reveals that subsection (a) pertains to initial petitions to seal
the record of a misdemeanor offense or violation, while subsection (b) relates to subsequent or “new”
petitions to seal. Because Coleman’s petition to seal was an initial petition and not a subsequent
petition, subsection (b) is inapplicable.
We next turn to the State’s argument that the amended version of the CCRSA should be
applied retroactively. Notably, the State does not contend that the whole Act operates retroactively.
In the absence of a provision stating that an act will apply retroactively, the act will apply
prospectively only.4 Because the State’s retroactivity argument stems specifically and solely from the
4 State v. Murphy, 315 Ark. 68, 864 S.W.2d 842 (1993).
4 provisions of subsection (b), which we have determined is not applicable under these facts, we need
not address it further.
Plainly, for sealing eligibility of Coleman’s misdemeanor offense, we are directed to look to
section 16-90-1405(a) of the CCRSA, which was in effect when Coleman committed the DWI
offense. As provided above, it states that a person is eligible to file a petition to seal the record of his
or her misdemeanor conviction sixty days after meeting the requirements outlined herein. There is
no dispute that Coleman met the requirements, i.e., the petition was filed more than sixty days
following the completion of her sentence and payment of all fees, costs, and restitution ordered by
the court. Therefore, she was eligible to file the petition and request the sealing of her misdemeanor
conviction. Accordingly, we affirm the circuit court’s order granting Coleman’s petition to seal the
record of her misdemeanor DWI conviction.
In affirming, we note that not only did the parties rely on the incorrect subsection of the
applicable statute, but the circuit court also mistakenly relied on an incorrect interpretation of the
law regarding the sealing of misdemeanor convictions in reasoning that a five-year lookback period
applied to Coleman’s conviction. The misunderstanding may have arisen from the distinction
between the sealing statutes for misdemeanors and for felony offenses. As discussed herein, Arkansas
Code Annotated section 16-90-1405 concerns eligibility to file a petition to seal a misdemeanor
offense. In contrast, Arkansas Code Annotated section 16-90-1406 details eligibility for sealing the
record of a felony conviction. As effective when Coleman committed the offense, it provided in
pertinent part:
(a) Unless prohibited under § 16-90-1408, a person may petition a court to seal a record of a conviction after five (5) years has elapsed since the completion of the person’s sentence for:
5 (1) A Class C felony or 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 (1)-(3) of this section; or
(5) A felony not involving violence committed while the person was less than eighteen (18) years of age.
However, Coleman was convicted of a misdemeanor DWI, thus the five-year waiting period
did not apply to her; instead, her petition to seal was subject to the sixty-day waiting period stated
for misdemeanors.
We also note that, although Coleman was convicted of a misdemeanor offense and filed a
petition to seal a misdemeanor DWI conviction, the circuit court entered an order to seal a felony.5
Accordingly, we affirm but remand to the circuit court with instructions to correct the order to seal
to accurately reflect the sealing of Coleman’s misdemeanor conviction.
Affirmed; remanded to correct order to seal.
ABRAMSON and THYER, JJ., agree.
Tim Griffin, Att’y Gen., by: Brooke Jackson Gasaway, Ass’t Att’y Gen., for appellant.
Collins, Collins & Ray, P.A., by: Matthew G. French, for appellee.
5Coleman was initially charged with two counts of endangering the welfare of a minor, refusal to submit, and DWI-first. The two felony counts of endangering the welfare of a minor were nolle prossed.