In Arkansas, what people usually call “expungement” is now legally called record sealing. The main law governing this is the Comprehensive Criminal Record Sealing Act of 2013 (Arkansas Code § 16-90-1401 and following).
Here’s a clear, real-world breakdown of how it works:
⚖️ 1. “Expungement” vs. “Sealing” in Arkansas
- Arkansas generally does NOT fully erase adult criminal records
- Instead, the court can seal the record from public view
- Once sealed:
- Employers, landlords, and the public usually cannot see it
- You can often legally say the offense did not occur in most situations
👉 Think of it as “hidden” rather than destroyed.
✅ 2. What CAN be sealed (expunged)
You may qualify depending on the type of case:
✔️ Non-convictions (easiest)
- Arrests with no charges filed
- Dismissed cases
- Not guilty / acquittals
➡️ Often no waiting period
✔️ Misdemeanors
- Many misdemeanor convictions can be sealed
- Some can be sealed immediately after completing your sentence
- Others require a waiting period (often 5 years) depending on the offense
✔️ Some felonies
- Certain non-violent Class C or D felonies
- Many can be sealed after completing your sentence
- Some require waiting periods
Recent laws have expanded eligibility for lower-level felonies
❌ 3. What CANNOT be sealed
Arkansas law excludes serious offenses, including:
- Violent felonies
- Sex offenses (especially involving minors)
- Class Y felonies (most serious)
- Manslaughter
- Some Class A or B felonies
👉 If your case falls into these categories, your main option is usually a governor’s pardon, not expungement.
⏳ 4. Waiting periods
This depends on the offense:
- No wait: dismissals, acquittals
- Immediate or short wait: many misdemeanors & some felonies
- Up to 5 years: certain offenses (like some violent misdemeanors)
📝 5. How to apply (basic steps)
The process is fairly structured:
- Finish your sentence completely
- probation
- fines
- restitution
- File a “Petition to Seal”
- in the court where your case was handled
- Notify the prosecutor
- they can object
- Court decision
- judge may approve or hold a hearing
- If approved:
- agencies update your record (usually within ~30 days)
👉 Good news: Arkansas eliminated filing fees in many cases
⚡ 6. Key requirements
You generally must:
- Complete all sentencing requirements
- Have no pending charges
- Pay all fines and restitution
- Meet eligibility for that specific offense
💡 Bottom line
- Arkansas does allow expungement, but it’s really record sealing
- Many people qualify, especially for:
- dismissed cases
- misdemeanors
- lower-level felonies
- Serious or violent crimes usually do NOT qualify
🏛️ What a pardon actually does
A pardon:
- Forgives the conviction (it does NOT erase it)
- Can restore rights like voting, firearms (in some cases), and employment opportunities
- Shows official forgiveness from the Governor
👉 It’s often used when sealing isn’t available.
📋 Step-by-step: How to apply for a pardon in Arkansas
1. Make sure you’re eligible
You generally must:
- Have completed your entire sentence
- prison or jail
- probation/parole
- all fines and restitution
- Wait a certain period (often 5 years after discharge, but it can vary)
2. Get the application
You need the official form from the
👉 Arkansas Parole Board
You can:
- Download it online, or
- Request it by mail
3. Fill out the application carefully
You’ll be asked for:
- Full criminal history
- Details of the offense(s)
- Employment history
- Personal statement explaining:
- what happened
- how you’ve changed
- why you deserve a pardon
💡 This personal statement matters a LOT. It’s your chance to tell your story.
4. Gather supporting documents
Strong applications usually include:
- Letters of recommendation (employers, community members)
- Proof of employment
- Certificates (programs, rehab, education)
- Anything showing rehabilitation and stability
5. Submit your application
Send it to the Parole Board.
Then:
- They review it
- They may investigate your background
- They notify victims (if applicable)
6. Public notice period
Your application is:
- Published publicly for a period of time
- Open to objections from victims or prosecutors
7. Board review (and sometimes a hearing)
The Arkansas Parole Board:
- Reviews your case
- May hold a hearing (not always required)
8. Recommendation to the Governor
The Board sends a recommendation to the Governor
Final decision is made by:
👉 Governor of Arkansas
9. Decision
If granted:
- You receive an official pardon document
If denied:
- You usually must wait before reapplying (often 1 year)
⏳ How long does it take?
- Typically 6 months to over a year
- Sometimes longer depending on the case
⚠️ Important things to know
- Pardons are not guaranteed
- The more serious the offense, the harder it is
- A strong, honest application makes a big difference
💡 Real talk
This process is less about paperwork and more about:
👉 proving you’ve truly turned your life around
Think:
- steady work
- clean record since
- community involvement
- accountability
Getting a record sealed in Arkansas is actually pretty doable for a lot of people, and it’s often faster and more realistic than a pardon. I’ll walk you through it step by step so you can picture exactly how it works.
⚖️ First, what “sealed” really means
Under the Comprehensive Criminal Record Sealing Act of 2013:
- Your record is hidden from public view
- Employers and landlords usually can’t see it
- In most situations, you can legally say it didn’t happen
👉 It’s not erased, but it’s functionally a fresh start for everyday life.
✅ Step 1: Make sure you qualify
You may be eligible if you have:
✔️ Cases that are easiest to seal
- Arrests with no charges
- Dismissed cases
- Not guilty verdicts
➡️ These often have no waiting period
✔️ Misdemeanors
- Most can be sealed
- Sometimes right after you finish your sentence
- Sometimes after a waiting period (often up to 5 years)
✔️ Some felonies
- Usually non-violent Class C or D felonies
- Must complete your full sentence first
❌ Not eligible (generally)
- Violent felonies
- Sex offenses involving minors
- Most serious felonies (Class Y, some A/B)
📋 Step 2: Finish EVERYTHING first
Before applying, you must have:
- Completed jail or probation
- Paid all fines, fees, restitution
- No pending charges
👉 This is where a lot of people get stuck, so double-check this.
📝 Step 3: File a “Petition to Seal”
You file in the same court where your case happened.
Use the official form called:
- Petition to Seal Record
You can get forms from:
👉 Arkansas Judiciary website or the courthouse clerk
📬 Step 4: Notify the prosecutor
- The prosecutor gets a copy of your petition
- They have a chance to object
⚖️ Step 5: Wait for the judge’s decision
- Some cases are approved without a hearing
- Others may require a short court appearance
The judge looks at:
- Your criminal history
- Whether you completed everything
- Whether you’ve stayed out of trouble
📁 Step 6: If approved
Once granted:
- Your record gets sealed across state systems
- Background checks will usually come back clean
This update process can take a few weeks.
⏳ How long does it take?
- Filing to decision: often a few weeks to a couple months
- Sometimes faster for simple dismissals
💸 Cost
Good news:
- Arkansas has eliminated filing fees for many sealing cases
👉 In a lot of situations, it’s free to file
💡 Tips that really help
- Be sure everything is paid off first
- Use the correct form for your case type
- Keep copies of everything you file
- If your case is complicated, a legal aid group can help
🧭 Real talk
If you qualify, this is one of the most powerful things you can do for:
- getting a job
- renting an apartment
- just moving forward without your past following you everywhere
In Arkansas there are several forms of relief for those individuals with a criminal record. Having a record expunged means that the record shall be sealed, sequestered and treated as confidential. A person who has their record expunged shall have all privileges and rights restored, shall be completely exonerated, and the record which has been expunged shall not affect his/her civil rights or liberties. Upon the entry of the uniform order to seal records of an individual, it shall be deemed as a matter of law never to have occurred, and he or she may state that no such conduct has ever occurred and that no such records exist.
Those eligible to have their records sealed are:
- Any person whose charges are dismissed
- Any person found not guilty after trial
- A first time, non-violent offender sentenced to a differed sentence and upon successful completion of probation
- A person who completes probation or a commitment to the Department of Corrections with judicial transfer to the Department of Community Corrections and has no more than one prior, non-serious felony
- A person convicted of a non-violent felony committed while under the age of 18
- A person who has been granted a pardon ( with some exceptions)
A pardon in the state of Arkansas is granted by the Governor. A pardon removes conviction related barriers to licensing, employment and restores civil rights. The Governor may separately restore firearm privileges upon recommendation of the chief law enforcement officer of the jurisdiction in which the convicted person resides. To restore these rights the offense must have occurred more than eight years prior and must not have involved the use of a weapon. If a pardon is granted, the record is automatically expunged.