What do I have to do to qualify to have my record sealed?

First and foremost you must have completed your “sentence” and all fines, fee’s, restitution, court cost, community service, supervision, classes and whatever you were ordered to do has to be paid in full and completed. Once all of that is done you should be eligible to have your record sealed if it can be sealed.

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What records can be sealed?

Almost all criminal arrests, convictions, and records can be sealed, some records require a five year waiting period before they can be sealed. Most misdemeanors can be sealed immediately on the completion of the sentence. Most nonviolent and almost all drug felonies can be sealed either immediately or with a waiting period. Orders of protection, civil commitments, and domestic cases unfortunately cannot be sealed.

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How many felonies can I have sealed?

The simple answer is you can have one felony case where you had a felony conviction sealed. That means if you had 10 felonies in the same case you are eligible to have them all sealed assuming that you and all the felonies are crimes that can be sealed.

Once my record is sealed can it still show up on background checks?

This is a complex question, but the short answer is yes. Record sealing means it legally did not happen and it will cause it to be removed from the government public record. But that does remove it from private businesses and databases that had the record before it was sealed- the good news is that most if not all of those companies will take those records down on request, especially if they are now sealed. It will take some work on your end but it is more than doable. I always recommend my sealing clients either figure out what service will be used to run their background and reach out ahead of time OR be candid with their employer that something might show up and that it is in the past and now sealed. You would be amazed at how many employers value honesty and they are able to still hire you because it is sealed. There are also a few exceptions to the record sealing statute like medical licensing, police databases, and more. Please call me and we can discuss the specifics and if they apply to you.

If I had one conviction and multiple cases dismissed, nolle prossed, or I was found not guilty what can I have sealed?

The good answer is probably all of it, subject to certain waiting periods or other statutory requirements. Cases that are dismissed or where you are found not guilty can be sealed immediately regardless of the charges. Cases where the charges were “nolle prossed” where the state elected to not move forward with the charges can be sealed one year from the date of the “nolle pross” assuming they are not refiled. There is no limit on the number of misdemeanors, dismissals, and nolle prossed cases can be sealed.

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What is ACT 346 – the first offender act - and how does it affect me?

The first offenders act, assuming you were lucky enough to be placed on ACT 346 probation and completed it without being revocated, means that specific case will be dismissed and sealed without a finding of guilt if you comply with all terms and complete probation. If it is your only felony, it means that case will not cause you to lose your 2 nd amendment right to keep and bear arms and vote- assuming that you are still otherwise eligible. A conviction sealed under ACT 346 also does not count towards your one felony that can be sealed under Arkansas ACT 1460 also known as the comprehensive criminal record sealing act.

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What records felony records cannot be sealed?

Pursuant to AR Code § 16-90-1408 (2023) the following felony convictions cannot be sealed:
(1) A Class Y felony, Class A felony, or Class B felony, (However, Class A and B drug felonies can be sealed);

(2) Felony Manslaughter, § 5-10-104;
(3) An unclassified felony if the maximum sentence of imprisonment for the unclassified felony is more than ten (10) years;
(4) A felony sex offense; or
(5) A felony involving violence under § 5-4-501(d)(2). (However, Certain violent C and D felonies can be sealed after a waiting period)

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Which misdemeanors do I have to wait five years to seal?

Pursuant to AR Code § 16-90-1405 (b)(1) (2023) there is a 5 year waiting period from the
completion of the sentence to be eligible to seal one of the following:
(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; or
(F) Domestic battering in the third degree, § 5-26-305;

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What is ACT 531 and how does it affect me?

ACT 531 is an old and separate record sealing statute that we may be able to use to seal a class A
or B felony that is not a drug offense. It can be a long shot, but it is almost always worth a try-
call me to discuss this.