While an expungement removes a criminal offense, record sealing makes it confidential for most purposes. If a criminal record is sealed, you can deny its existence under most circumstances. Arkansas does not allow for the expungement of adult criminal records. Instead, you may seal some arrest records and convictions. Juveniles may expunge their criminal history.
Juvenile records may be either expunged or sealed. Most juvenile records are automatically sealed. You may also request an expungement after a waiting period.
When juvenile records are sealed, they are not available for public viewing without a court order. However, sealed records may available to schools and law enforcement under certain circumstances. Expunged records are completely removed.
In Arkansas, you may seal certain types of adult felony and misdemeanor charges and convictions. Record sealing is available if you were acquitted, the charges were dismissed, or you have completed probation and paid all related fines and costs.
However, record sealing is not available under certain circumstances. You cannot seal a criminal record if:
If you are ineligible for record sealing, you may apply for a pardon for your conviction.
There are waiting periods for certain types of cases. In Arkansas:
If you need help determining when you may file for record sealing, contact a criminal defense or expungement lawyer.
In order to seal a criminal record, you must file a Petition to Seal with the court. You must also send a copy of your petition to the prosecutor. If the prosecutor does not oppose your petition, you may not need a hearing. Instead, the judge will assess your claim and issue a decision.
The filing fee for a Petition to Seal is $50. If you can prove financial need, this fee may be waived by filing a forma pauperis. You may also be charged attorney fees if you retain a lawyer.
If the court grants your petition, you may lawfully state on most job applications or in interviews that the sealed criminal record does not exist. When most employers search your Arkansas criminal record, the charges will not be present.
Sealed records will be disclosed if you apply for a law enforcement job or a job involving minor children or disabled persons. Additionally, if your criminal record prevents you from legal possessing a firearm, a sealed record does not restore this privilege.
A successful Petition to Seal requires supporting evidence, including information about your rehabilitation and good behavior. An expungement lawyer can help guide you through the record sealing process. Additionally, a lawyer can speak on your behalf during a court hearing and give you the best chance of sealing your record.
Last Modified: 04-24-2018 01:48 AM PDTLaw Library Disclaimer
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