Arkansas § 16-90-1406 Felony convictions eligible for sealing

Arkansas Statutes

§ 16-90-1406 — Felony convictions eligible for sealing

(a)Unless prohibited under § 16-90-1408 and regardless of when the felony occurred, 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)(A) Except as provided in subdivision (a)(2)(B) of this section, an unclassified felony.

(B)A person shall not file a new uniform petition to seal a record of a conviction for a felony offense of driving or boating while intoxicated, § 5-65-103 , until after the applicable lookback periods under § 5-65-111 have elapsed;

(3)An offense under the Uniform Controlled Substances Act, § 5-64-101 et seq., that is a Class A felony or Class B felony;

(4)Solicitation to commit, attempt to commit, or conspiracy to commit the s

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(a) Unless prohibited under § 16-90-1408 and regardless of when the felony occurred, 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) (A) Except as provided in subdivision (a)(2)(B) of this section, an unclassified felony. (B) A person shall not file a new uniform petition to seal a record of a conviction for a felony offense of driving or boating while intoxicated, § 5-65-103 , until after the applicable lookback periods under § 5-65-111 have elapsed; (3) An offense under the Uniform Controlled Substances Act, § 5-64-101 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 the prior felony conviction's counting as a prior felony conviction for the purposes of this subsection.

Arkansas § 16-90-1406 (Felony convictions eligible for sealing) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Amended by Act 2023, No. 117,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 341,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 680,§ 2, eff. 7/24/2019. Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.