reglab/housing_qa huggingface dataset:
AR Code § 16-90-1412 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 90 - Judgment and Sentence Generally|Subchapter 14 - Comprehensive Criminal Record Sealing Act of 2013|§ 16-90-1412. Sealing certain convictions for victims of human trafficking — Definition

 (a) As used in this section, “victim of human trafficking” means a person who has been subjected to trafficking of persons, § 5-18-103, or any former law of this state, law of another state, or federal law that is substantially similar.  (b)  (1) A person convicted of prostitution, § 5-70-102, may file a uniform petition to seal the conviction under this section if it was obtained as a result of the person’s having been a victim of human trafficking.  (2) A uniform petition under this section may be filed at any time and may be filed for a conviction imposed at any time.    (c) The court shall grant the uniform petition under this section if it finds by a preponderance of the evidence that:  (1) The petitioner was convicted of prostitution, § 5-70-102; and  (2) The conviction was obtained as a result of the petitioner's having been a victim of human trafficking.    (d) If the uniform petition under this section is granted, the court shall:  (1) Issue a uniform order to seal the conviction; and  (2) With respect to the conviction for prostitution, § 5-70-102, redact the petitioner's name from all records and files related to the petitioner's:  (A) Arrest;  (B) Citation;  (C) Criminal investigation;  (D) Criminal charge;  (E) Adjudication of guilt;  (F) Criminal proceedings; and  (G) Probation for the offense.      (e)  (1) Official documentation by a federal, state, or local government agency verifying that at the time of the conviction for prostitution, § 5-70-102, the petitioner was a victim of human trafficking creates a presumption under this section that the person's prostitution conviction was obtained as a result of having been a victim of human trafficking.  (2) Documentation under this subsection is not required to grant a petition under this section.  (3) Documentation under this subsection may include without limitation:  (A) Certified records of federal or state court proceedings that demonstrate that the defendant was a victim of a trafficker charged with a trafficking offense under state law or the Victims of Trafficking and Violence Protection Act of 2000, 22 U.S.C. § 7101 et seq., as it existed on January 1, 2013; or  (B) Certified records of “approval notices” or “law enforcement certifications” generated from federal immigration proceedings available to victims of human trafficking.
AR Code § 16-90-1414 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 90 - Judgment and Sentence Generally|Subchapter 14 - Comprehensive Criminal Record Sealing Act of 2013|§ 16-90-1414. Uniform petition and uniform order to seal records

 (a)  (1) The Arkansas Crime Information Center shall adopt and provide the following to be used by a petitioner and any circuit court or district court in this state:  (A) A uniform petition to seal records; and  (B) A uniform order to seal records.    (2) An order to seal records covered by this subchapter shall not be effective unless the uniform order is entered.  (3)  (A) The uniform petition shall include a statement verified under oath indicating whether the petitioner has felony charges pending in any state or federal court and the status of the pending felony charges as well as whether the person is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.  (B) The uniform petition also shall include a statement that the information contained in the uniform petition is true and correct to the best of the petitioner's knowledge.    (4) The uniform order shall contain, at a minimum, the following data:  (A) The person's full name, race, gender, and date of birth;  (B) The person's full name at the time of arrest and adjudication of guilt, if applicable, if different from the person's current name;  (C) The offense for which the person was adjudicated guilty and the date of the disposition, if applicable;  (D) The identity of the court;  (E) The provision under this subchapter that provides for sealing of the record, if applicable;  (F) The specific records to be sealed;  (G) The arrest tracking number;  (H) The system identification (SID) number; and  (I) The Federal Bureau of Investigation number, if known.      (b)  (1) If a record for the charges of the offense does not exist at the center, a record shall be established before the uniform order becomes effective.  (2) When a record does exist in the center, the petitioner and the original arresting agency shall submit fingerprint cards on the petitioner under § 12-12-1006 and procedures established by the center.
AR Code § 16-90-1415 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 90 - Judgment and Sentence Generally|Subchapter 14 - Comprehensive Criminal Record Sealing Act of 2013|§ 16-90-1415. Burden of proof — Standard of review

 (a) For a uniform petition filed under § 16-90-1405, unless the circuit court or district court is presented with and finds that there is clear and convincing evidence that a misdemeanor or violation conviction should not be sealed under this subchapter, the circuit court or district court shall seal the misdemeanor or violation conviction for a person after the person files a uniform petition as described in this section.  (b)  (1) A uniform petition filed under § 16-90-1406 may be granted if the court finds by clear and convincing evidence that doing so would further the interests of justice, considering the following factors:  (A) Whether the person appears likely to reoffend;  (B) The person's other criminal history;  (C) The existence of any pending charges or criminal investigations involving the person;  (D) Input from the victim of the offense for which the person was convicted, if applicable; and  (E) Any other information provided by the state that would cause a reasonable person to consider the person a further threat to society.    (2) The factors listed in subdivision (b)(1) of this section are not exclusive.    (c) A uniform petition filed under § 16-90-1407 may be granted if the court finds that doing so is in the best interest of the petitioner and the state.  (d) A uniform petition filed under § 16-90-1409 or § 16-90-1410 shall be granted unless the state shows by a preponderance of the evidence that doing so would:  (1) Place the public at risk; or  (2) Not further the interests of justice.    (e) A uniform petition filed under § 16-90-1411 shall be granted if the court finds that the requirements of § 16-90-1411 are met.  (f)  (1) An appeal of the grant or denial of the uniform petition to seal may be taken by either party.  (2) An appeal from the district court shall be taken to the circuit court, which shall review the case de novo.  (3) An appeal from the circuit court shall be taken as provided by Supreme Court rule, and the appellate court shall review the case using an abuse of discretion standard.
AR Code § 16-90-1416 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 90 - Judgment and Sentence Generally|Subchapter 14 - Comprehensive Criminal Record Sealing Act of 2013|§ 16-90-1416. Release of sealed records

 (a) The custodian of a sealed record shall not disclose the existence of the sealed record or release the sealed record except when requested by:  (1) The person whose record was sealed or the person's attorney when authorized in writing by the person;  (2) A criminal justice agency, as defined in § 12-12-1001, and the request is accompanied by a statement that the request is being made in conjunction with:  (A) An application for employment with the criminal justice agency by the person whose record has been sealed; or  (B) A criminal background check under the Polygraph Examiners Licensing Act, § 17-39-101 et seq., or the Private Security Agency, Private Investigator, and School Security Licensing and Credentialing Act, § 17-40-101 et seq.;    (3) A court, upon a showing of:  (A) A subsequent adjudication of guilt of the person whose record has been sealed; or  (B) Another good reason shown to be in the interests of justice;    (4) A prosecuting attorney, and the request is accompanied by a statement that the request is being made for a criminal justice purpose;  (5) A state agency or board engaged in the licensing of healthcare professionals;  (6) The Arkansas Crime Information Center; or  (7) The Arkansas Commission on Law Enforcement Standards and Training.    (b)  (1) As used in this section, “custodian” does not mean the Arkansas Crime Information Center.  (2) Access to data maintained by the center shall be governed by § 12-12-1001 et seq.
AR Code § 16-90-1417 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 90 - Judgment and Sentence Generally|Subchapter 14 - Comprehensive Criminal Record Sealing Act of 2013|§ 16-90-1417. Effect of sealing

 (a)  (1) A person whose record has been sealed under this subchapter shall have all privileges and rights restored, and the record that has been sealed shall not affect any of his or her civil rights or liberties unless otherwise specifically provided by law.  (2) A person who wants to reacquire the right to vote removed from him or her as the result of a felony conviction must follow the procedures in Arkansas Constitution, Amendment 51, § 11.  (3) The effect of this subchapter does not reconfer the right to carry a firearm if that right was removed as the result of a felony conviction.    (b)  (1) Upon the entry of the uniform order, the person's underlying conduct shall be deemed as a matter of law never to have occurred, and the person may state that the underlying conduct did not occur and that a record of the person that was sealed does not exist.  (2) This subchapter does not prevent the use of the record of a prior conviction otherwise sealed under this subchapter for the following purposes:  (A) A criminal proceeding for any purpose not otherwise prohibited by law;  (B) Determination of offender status under the former § 5-64-413;  (C) Habitual offender status, § 5-4-501 et seq.;  (D) Impeachment upon cross-examination as dictated by the Arkansas Rules of Evidence;  (E) Healthcare professional licensure by a state agency or board;  (F) Any disclosure mandated by Rule 17, 18, or 19 of the Arkansas Rules of Criminal Procedure; or  (G) Determination of certification, eligibility for certification, or of the ability to act as a law enforcement officer, by the Arkansas Commission on Law Enforcement Standards and Training.
AR Code § 16-90-1418 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 90 - Judgment and Sentence Generally|Subchapter 14 - Comprehensive Criminal Record Sealing Act of 2013|§ 16-90-1418. Uniform petition and uniform order — Creation

 The Arkansas Crime Information Center shall develop and draft the form to be used for the uniform petition and uniform order under this subchapter.
AR Code § 16-90-1419 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 90 - Judgment and Sentence Generally|Subchapter 14 - Comprehensive Criminal Record Sealing Act of 2013|§ 16-90-1419. Filing fee

 The circuit clerk or district court clerk shall not collect a fee for filing the uniform petition under this subchapter.
AR Code § 16-91-101 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 91 - Appeal and Post-Conviction|Subchapter 1 - Appeal|§ 16-91-101. Right generally

 (a) Any person convicted of a misdemeanor or a felony by virtue of a trial in any circuit court of this state has the right of appeal to the Supreme Court.  (b) An appeal may be taken jointly by codefendants or by just one (1) defendant although he or she may have been jointly charged and convicted with another defendant. One (1) appeal may be taken where a defendant has been found guilty of one (1) or more charges contained in any one (1) felony information or indictment.
AR Code § 16-91-102 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 91 - Appeal and Post-Conviction|Subchapter 1 - Appeal|§ 16-91-102. Applicability of statutes governing civil appeals

 Matters pertaining to several appeals, the docketing, designation, abbreviation, stipulation, preparation, and correction or modification of the record on appeal, as well as appeals where no stenographic record was made, shall be governed by those statutes which apply to civil cases on appeal to the Supreme Court.
AR Code § 16-91-103 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 91 - Appeal and Post-Conviction|Subchapter 1 - Appeal|§ 16-91-103. Precedence

 Appeals in criminal cases shall take precedence over all other business of the Supreme Court and shall be placed first upon the docket for trial.
AR Code § 16-91-104 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 91 - Appeal and Post-Conviction|Subchapter 1 - Appeal|§ 16-91-104. Death of defendant

 No appeals shall be taken after the defendant's death, and, upon his or her death, an appeal taken during his or her life shall abate and shall not be revived.
AR Code § 16-91-105 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 91 - Appeal and Post-Conviction|Subchapter 1 - Appeal|§ 16-91-105. Time and method of taking appeal — Motion for new trial, etc

 (a)  (1) Within thirty (30) days from the date of the sentence and entry of judgment by the trial judge, the person desiring to appeal the judgment shall file with the trial court a notice of appeal identifying the parties taking the appeal and the judgment appealed.  (2) The notice of appeal shall include a certificate by the appealing party or his or her attorney that a transcript of the trial record has been ordered from the court reporter if, for the purposes of the appeal, a transcript is determined essential to resolve the issues on appeal.  (3) Notification of the filing of the notice of appeal shall be given to all other parties or their representatives involved in the cause by mailing a copy of the notice of appeal to the parties or their representatives, but failure to give the notification shall not affect the validity of the appeal.  (4) Failure of the appellant to take any further steps to secure the review of the appealed conviction shall not affect the validity of the appeal but shall be grounds only for such action as the appellate court deems appropriate, which may include dismissal of the appeal.  (5) If an appeal has not been docketed in the Supreme Court, the parties, with the approval of the trial court, may dismiss the appeal by stipulation filed in that court, or that court may dismiss the appeal upon a motion and notice by the appellant.    (b)  (1) Prior to the time fixed to file a notice of appeal, a person convicted of either a felony or misdemeanor may file a motion for new trial, a motion in arrest of judgment, or any other application for relief.  (2) The pleadings should include a statement that the movant believes the action is meritorious and is not offered for the purpose of delay.  (3) Service of the motion shall be given to the representative of the prosecuting party.  (4) If requested or found to be necessary, the trial court shall promptly designate a date certain to take evidence and to hear and dispose of all matters that are presented.  (5) Upon the filing of any motion or other application for relief in the trial court, the time to file a notice of appeal shall not expire until thirty (30) days after the disposition of all motions or applications.
AR Code § 16-91-106 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 91 - Appeal and Post-Conviction|Subchapter 1 - Appeal|§ 16-91-106. Record — Preliminary hearing

 (a) Prior to the time the complete record on appeal is settled and certified as provided by law, any appealing party may docket the appeal in order to make in the Supreme Court a motion for dismissal, a stay pending appeal, an application for or reduction of bail bond, an order to proceed in forma pauperis, or for any intermediate order.  (b) The clerk of the trial court, at the request of the appealing party, shall certify and transmit to the appellate court a copy of such portion of the record of proceedings as may be available or needed for that purpose.
AR Code § 16-91-107 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 91 - Appeal and Post-Conviction|Subchapter 1 - Appeal|§ 16-91-107. Record — Transcript — Original exhibits

 (a) It shall not be necessary to file with either the notice of appeal or the designation of contents of record any portion of the reporter's transcript of the evidence of proceedings.  (b) All exhibits in the trial of any criminal case shall be a part of the record on appeal unless specifically omitted by the appealing party.
AR Code § 16-91-108 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 91 - Appeal and Post-Conviction|Subchapter 1 - Appeal|§ 16-91-108. Costs — Bond — Judgment

 (a) There shall be no bond for costs as a requisite for the appeal of either a felony or misdemeanor conviction.  (b) On the affirmance of a judgment, where the appeal is taken by the defendant, and on the reversal of a judgment, where the appeal is taken by the state, a judgment for costs shall be rendered against the defendant.
AR Code § 16-91-111 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 91 - Appeal and Post-Conviction|Subchapter 1 - Appeal|§ 16-91-111. Appeal after confinement

 (a) If a judgment of confinement in the Division of Correction has been executed before the certificate of appeal was delivered to the county sheriff whose duty it was to execute the judgment, the defendant shall remain in the division during the pendency of the appeal unless discharged by the expiration of his or her term of confinement or by pardon.  (b) Upon a reversal, if a new trial is ordered, the defendant shall be removed from the division to the county jail from which he or she was brought by the county sheriff of the county.
AR Code § 16-91-112 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 91 - Appeal and Post-Conviction|Subchapter 1 - Appeal|§ 16-91-112. Appeal by state

 (a) Where an appeal on behalf of the state is desired, the prosecuting attorney shall pray the appeal during the term at which the decision is rendered, whereupon the clerk shall immediately make a transcript of the record and transmit it to the Attorney General or deliver the transcript to the prosecuting attorney, to be transmitted by him or her.  (b) If the Attorney General, on inspecting the record, is satisfied that error has been committed to the prejudice of the state, and upon which it is important to the correct and uniform administration of the criminal laws that the Supreme Court should decide, he or she may, by lodging the transcript in the office of the Clerk of the Supreme Court within sixty (60) days after the decision, take the appeal.  (c) An appeal by the state from a decision of the circuit court shall not suspend the proceedings in the case.
AR Code § 16-91-113 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 91 - Appeal and Post-Conviction|Subchapter 1 - Appeal|§ 16-91-113. Matters to be considered — Preserving error — Action to be taken

 (a) The Supreme Court need only review those matters briefed and argued by the appellant, except that where either a sentence for life imprisonment or death has been imposed the Supreme Court shall review all errors prejudicial to the rights of the appellant.  (b)  (1) It shall not be necessary to file a motion for new trial to obtain review of any matter urged for review on appeal.  (2) If a motion for new trial is submitted to the trial court, on appeal, the appellant shall not be restricted to a consideration of matters assigned therein.  (3) Formal exceptions to rulings or orders of the trial court are unnecessary; but for all purposes for which an exception has previously been necessary, it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he or she desires the court to take or his or her objections to the action of the court and his or her grounds therefor. If a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him or her.    (c)  (1) A conviction shall be reversed and a new trial ordered where the Supreme Court finds that the conviction is contrary to the Arkansas Constitution or the laws of Arkansas, or for any reason determines that the appellant did not have a fair trial.  (2) Where appropriate, the Supreme Court shall reverse the conviction and order the appellant discharged.  (3) In all other cases, the conviction must be affirmed, but the sentence of the appellant may be reduced if it is deemed excessive.
AR Code § 16-91-114 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 91 - Appeal and Post-Conviction|Subchapter 1 - Appeal|§ 16-91-114. Acquittal as bar to prosecution

 A judgment in favor of the defendant which operates as a bar to a future prosecution of the offense shall not be reversed by the Supreme Court.
AR Code § 16-91-115 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 91 - Appeal and Post-Conviction|Subchapter 1 - Appeal|§ 16-91-115. Affirmance of death sentence

 When a judgment of death has been affirmed and the day of execution has passed, the Clerk of the Supreme Court shall transmit to the Governor a certificate of the affirmance and of the judgment, to the end that a warrant for the execution of the judgment may be issued by the Governor.
AR Code § 16-91-116 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 91 - Appeal and Post-Conviction|Subchapter 1 - Appeal|§ 16-91-116. Proceedings on reversal and new trial

 (a) Upon a mandate of reversal ordering a new trial being filed in the clerk's office of the circuit court in which the judgment of confinement in the Department of Correction was rendered and executed, the clerk shall deliver to the county sheriff a copy of the mandate and precept, authorizing and commanding the county sheriff to bring the defendant from the department to the county jail, which shall be obeyed by the county sheriff and Director of the Department of Correction.  (b) If the defendant is again convicted upon the new trial, the period of his or her former confinement in the department shall be deducted by the circuit court from the period of confinement fixed in the last verdict of conviction.
AR Code § 16-91-117 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 91 - Appeal and Post-Conviction|Subchapter 1 - Appeal|§ 16-91-117. Supreme Court's decisions binding

 The decisions of the Supreme Court shall be obligatory on the circuit courts as being the correct expositions of the law.