reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 9 - EXPUNGEMENT AND SEALING OF CRIMINAL RECORDS (§§ 16-90-901 — 16-90-907) › Section 16-90-901 - [Repealed]

Repealed by Act 2013, No. 1460,§ 7, eff. 1/1/2014.
Acts 1995, No. 998, § 7; 1999, No. 1407, § 3; 2003, No. 1390, § 7; 2003, No. 1753, § 1; 2011, No. 570, § 80.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 9 - EXPUNGEMENT AND SEALING OF CRIMINAL RECORDS (§§ 16-90-901 — 16-90-907) › Section 16-90-902 - [Repealed]

Repealed by Act 2013, No. 1460,§ 7, eff. 1/1/2014.
Acts 1995, No. 998, § 7.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 9 - EXPUNGEMENT AND SEALING OF CRIMINAL RECORDS (§§ 16-90-901 — 16-90-907) › Section 16-90-903 - [Repealed]

Repealed by Act 2013, No. 1460,§ 7, eff. 1/1/2014.
Acts 1995, No. 998, § 7.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 9 - EXPUNGEMENT AND SEALING OF CRIMINAL RECORDS (§§ 16-90-901 — 16-90-907) › Section 16-90-904 - [Repealed]

Repealed by Act 2013, No. 1460,§ 7, eff. 1/1/2014.
Amended by Act 2013, No. 282,§ 10, eff. 3/6/2013.
Acts 1995, No. 998, § 7; 2009, No. 477, § 1; 2011, No. 626, § 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 9 - EXPUNGEMENT AND SEALING OF CRIMINAL RECORDS (§§ 16-90-901 — 16-90-907) › Section 16-90-905 - [Repealed]

Repealed by Act 2013, No. 1460,§ 7, eff. 1/1/2014.
Acts 1995, No. 998, § 7; 2003, No. 839, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 9 - EXPUNGEMENT AND SEALING OF CRIMINAL RECORDS (§§ 16-90-901 — 16-90-907) › Section 16-90-906 - [Repealed]

Repealed by Act 2013, No. 1460,§ 7, eff. 1/1/2014.
Acts 1997, No. 738, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 9 - EXPUNGEMENT AND SEALING OF CRIMINAL RECORDS (§§ 16-90-901 — 16-90-907) › Section 16-90-907 - [Repealed]

Repealed by Act 2015, No. 1152,§ 11, eff. 7/22/2015.
Added by Act 2013, No. 1301,§ 1, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 10 - LOCAL CRIME STOPPERS PROGRAMS (§§ 16-90-1001 — 16-90-1009) › Section 16-90-1001 - Definitions

As used in this subchapter:
(1)
"Board" means the Crime Victims Reparations Board created by §
16-90-705
;
(2)
"Crime stoppers organization" means a private, nonprofit organization that is operated on a local or statewide level, that accepts and expends donations for rewards to persons who report to the organization information about criminal activity, and that forwards the information to the appropriate law enforcement agency; and
(3)
"Local crime stoppers program" means the acceptance and spending of donations by a private, nonprofit organization for rewards to persons who report information concerning criminal activity to the organization, if the organization:
(A)
Operates less than statewide; and
(B)
Forwards reported information to the appropriate law enforcement agency.
Acts 1995, No. 1300, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 10 - LOCAL CRIME STOPPERS PROGRAMS (§§ 16-90-1001 — 16-90-1009) › Section 16-90-1002 - Duties

(a)
The Crime Victims Reparations Board shall:
(1)
Advise and assist in the creation of local crime stoppers programs;
(2)
Foster the detection of crime and encourage persons to report information about criminal acts;
(3)
Encourage news and other media to promote local crime stoppers programs and to inform the public of the functions of the board;
(4)
Assist local crime stoppers programs in forwarding information about criminal acts to the appropriate law enforcement agencies;
(5)
Help law enforcement agencies detect and combat crime by increasing the flow of information to and between law enforcement agencies; and
(6)
Adopt rules necessary to carry out its functions under this subchapter.
(b)
The office of the Attorney General shall provide the board such office space, support staff, and secretarial services as may be necessary for the administration of this subchapter.
Amended by Act 2021, No. 475,§ 20, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 1306, eff. 7/24/2019.
Acts 1995, No. 1300, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 10 - LOCAL CRIME STOPPERS PROGRAMS (§§ 16-90-1001 — 16-90-1009) › Section 16-90-1003 - Certification of local programs

(a)
(1)
The Crime Victims Reparations Board shall, at the request of a judge, determine whether a local crime stoppers program is qualified to receive repayments of rewards.
(2)
The board shall approve a local crime stoppers program to receive those repayments if, considering the organization, continuity, leadership, community support, and general conduct of the local crime stoppers program, the board determines that the repayments will be spent to further the crime prevention purposes of the local crime stoppers program.
(b)
Each local crime stoppers program certified by the board to receive payments is subject to an annual audit by an independent accounting firm and must submit the audit to the board for review.
Acts 1995, No. 1300, § 6.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 10 - LOCAL CRIME STOPPERS PROGRAMS (§§ 16-90-1001 — 16-90-1009) › Section 16-90-1004 - Confidentiality of board records

The Crime Victims Reparations Board records relating to reports of criminal acts are confidential.
Acts 1995, No. 1300, § 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 10 - LOCAL CRIME STOPPERS PROGRAMS (§§ 16-90-1001 — 16-90-1009) › Section 16-90-1005 - Privileged information

(a)
Evidence of a communication between a person submitting a report of a criminal act to the Crime Victims Reparations Board or a local crime stoppers program and the person who accepted the report on behalf of the board or local crime stoppers program is not admissible in court or an administrative proceeding.
(b)
Records of the board or a local crime stoppers program concerning a report of criminal activity may not be compelled to be produced before a court or other tribunal except on the order of the Supreme Court.
Acts 1995, No. 1300, § 4.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 10 - LOCAL CRIME STOPPERS PROGRAMS (§§ 16-90-1001 — 16-90-1009) › Section 16-90-1006 - Misuse of information

(a)
A person who is a member or employee of the Crime Victims Reparations Board or who accepts the report of criminal activity on behalf of a local crime stoppers program commits an offense if the person intentionally or knowingly divulges to a person not employed by a law enforcement agency the content of a report of a criminal act or the identity of the person who made the report without the consent of the person who made the report.
(b)
An offense under this section is a Class A misdemeanor.
Acts 1995, No. 1300, § 5.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 10 - LOCAL CRIME STOPPERS PROGRAMS (§§ 16-90-1001 — 16-90-1009) › Section 16-90-1007 - Repayment of rewards

(a)
After a defendant has been convicted of a felony offense, the judge may order the defendant to repay all or part of a reward paid by a local crime stoppers program.
(b)
In determining whether the defendant must repay the reward or part of the reward, the court shall consider:
(1)
The ability of the defendant to make the payment and the financial hardship on the defendant to make the required payment; and
(2)
The importance of the information to the prosecution of the defendant as provided by the arresting officer or the attorney for the state with due regard for the confidentiality of the local crime stoppers program's records.
(c)
(1)
If a judge orders a defendant to repay a reward or part of a reward, the court shall assess this cost against the defendant in the same manner as other costs of prosecution are assessed against a defendant.
(2)
The court may order the defendant to:
(A)
Pay the entire amount required when sentence is pronounced;
(B)
Pay the entire amount required at a later date specified by the court; or
(C)
Pay specified portions of the required amount at designated intervals.
(d)
If a judge orders a defendant to repay a reward or part of a reward, a statement of the amount of the payment or payments required to be made shall be included in the judgment.
(e)
After receiving a payment from a person ordered to make the payment under this section, the circuit clerk shall:
(1)
Make a record of the payment;
(2)
Deduct a one-time five dollar ($5.00) processing fee from the reward repayment;
(3)
Forward the payment to the designated local crime stoppers program; and
(4)
Make a record of the payment's being forwarded.
Acts 1995, No. 1300, § 8.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 10 - LOCAL CRIME STOPPERS PROGRAMS (§§ 16-90-1001 — 16-90-1009) › Section 16-90-1008 - Payments from probationers

(a)
A court may not order a probationer to make any payments as a term and condition of probation, except for fines, court costs, restitution of the victim, payment to a local crime stoppers program under subsection (b) of this section, and other terms and conditions expressly authorized by statute.
(b)
(1)
In addition to any other terms and conditions imposed under this section, the court may require the probationer as a condition of his or her probation to make one (1) payment in any amount not to exceed fifty dollars ($50.00) to a local crime stoppers program and as certified by the Crime Victims Reparations Board.
(2)
In imposing the condition, the court shall consider the ability of the probationer to make the payment and the effectiveness and fiscal responsibility of the local crime stoppers program.
(c)
(1)
A local crime stoppers program that receives a payment from a probationer may not use the payment for any purpose other than the payment of a reward to a person who reports information concerning criminal activity.
(2)
No later than January 15 of each year, a local crime stoppers program that receives or expends money under this section shall file a detailed report with the Adult Probation Office of the Department of Community Correction that accounts for all money received and expended under this section during the preceding calendar year.
Acts 1995, No. 1300, § 7.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 11 - RIGHTS OF VICTIMS OF CRIME (§§ 16-90-1101 — 16-90-1116) › Section 16-90-1102 - Compliance with subchapter

Failure to comply with this subchapter does not create a claim for damages against a government employee, official, or entity.
Acts 1997, No. 1262, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 11 - RIGHTS OF VICTIMS OF CRIME (§§ 16-90-1101 — 16-90-1116) › Section 16-90-1103 - Presence at court proceedings

(a)
The victim or a representative of the victim may be present whenever the defendant has a right to be present during a court proceeding concerning the crime charged, other than a grand jury proceeding, unless the court determines that exclusion of the victim or the victim's representative is necessary to protect the defendant's right to a fair trial or the confidentiality or fairness of a juvenile proceeding.
(b)
If the victim is present, the court, at the victim's request, shall permit the presence of an individual to provide support to the victim, unless the court determines that exclusion of the individual is necessary to protect the defendant's right to a fair trial.
Acts 1997, No. 1262, § 4.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 11 - RIGHTS OF VICTIMS OF CRIME (§§ 16-90-1101 — 16-90-1116) › Section 16-90-1104 - Nondisclosure of information about victim

(a)
A court may not compel a victim or a member of the victim's family testifying in a criminal justice proceeding to disclose a residential address or place of employment on the record in open court unless the court finds that disclosure of the information is necessary.
(b)
A law enforcement agency shall not disclose to the public information directly or indirectly identifying the victim of a sex offense except to the extent that disclosure is:
(1)
Of the site of the sex offense;
(2)
Required by law;
(3)
Necessary for law enforcement purposes; or
(4)
Permitted by the court for good cause.
Acts 1997, No. 1262, § 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 11 - RIGHTS OF VICTIMS OF CRIME (§§ 16-90-1101 — 16-90-1116) › Section 16-90-1105 - Limitations on employer

An employer may not discharge or discipline a victim or a representative of the victim for:
(1)
Participation at the prosecuting attorney's request in preparation for a criminal justice proceeding; or
(2)
Attendance at a criminal justice proceeding if the attendance is reasonably necessary to protect the interests of the victim.
Acts 1997, No. 1262, § 6.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 11 - RIGHTS OF VICTIMS OF CRIME (§§ 16-90-1101 — 16-90-1116) › Section 16-90-1106 - Prompt return of property

(a)
Any person holding property of a victim shall take reasonable care of the property.
(b)
The responsible official shall promptly return the property to the victim when it is no longer needed for evidentiary purposes, unless it is contraband or subject to forfeiture.
Acts 1997, No. 1262, § 5.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 11 - RIGHTS OF VICTIMS OF CRIME (§§ 16-90-1101 — 16-90-1116) › Section 16-90-1107 - Information from law enforcement agencies

(a)
(1)
After initial contact between a victim or a victim's family and a law enforcement agency responsible for investigating a crime, the law enforcement agency shall promptly give the victim and, if applicable, the victim's family, a preprinted document to be known as "Laura's Card" that clearly states the following:
(A)
An explanation of the victim's rights under this subchapter; and
(B)
Information concerning the availability of:
(i)
Assistance to victims, including medical, housing, counseling, financial, social, legal, and emergency services;
(ii)
Compensation for victims under the Arkansas Crime Victims Reparations Act, §
16-90-701
et seq., and the name, street address, and telephone number of the agency to contact;
(iii)
Protection of the victim, including protective court orders; and
(iv)
Access by the victim and the defendant to public records related to the case.
(2)
The law enforcement officer who provides the Laura's Card to a victim is required to provide the law enforcement officer's badge number and contact information on the Laura's Card.
(b)
As soon as practicable, the law enforcement agency shall give to the victim, as relevant, the following:
(1)
Information as to the suspect's identity, unless inconsistent with law enforcement purposes;
(2)
Information as to whether the suspect has been taken into custody, has escaped, or has been released, and any conditions imposed on the release when such information has been made known to the law enforcement agency;
(3)
The file number of the case and the name, office address, and office telephone number of a law enforcement officer assigned to investigate the case; and
(4)
The prosecuting attorney's name, office address, and office telephone number.
(c)
As used in this section, "law enforcement agency" includes without limitation a college or university police department.
Amended by Act 2015, No. 873,§ 2, eff. 7/22/2015.
Amended by Act 2015, No. 873,§ 1, eff. 7/22/2015.
Acts 1997, No. 1262, § 7.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 11 - RIGHTS OF VICTIMS OF CRIME (§§ 16-90-1101 — 16-90-1116) › Section 16-90-1108 - Information concerning appeal or post-conviction remedies

If the defendant appeals or pursues a post-conviction remedy, the Attorney General, as to cases handled by the Attorney General, shall promptly inform the victim of:
(1)
That fact;
(2)
The date, time, and place of any hearing; and
(3)
The decision.
Acts 1997, No. 1262, § 8.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 11 - RIGHTS OF VICTIMS OF CRIME (§§ 16-90-1101 — 16-90-1116) › Section 16-90-1110 - General requirements for information

(a)
(1)
Unless otherwise provided by this subchapter, information required to be furnished to the victim or other person authorized to receive notice may be furnished either orally or in writing.
(2)
It is the responsibility of the victim or other person authorized to receive notice to furnish to the proper authorities, and keep current, the victim's mailing address and phone number.
(b)
The person responsible for furnishing information shall promptly inform the victim of significant changes in the information to be furnished.
(c)
(1)
The person responsible for furnishing information may rely upon the most recent name, address, and telephone number furnished by the victim.
(2)
The address and telephone number of the victim or the immediate family member shall be exempt from the Freedom of Information Act of 1967, §
25-19-101
et seq.
(3)
It is the responsibility of the victim or his or her next of kin to notify the person responsible for providing notice under this subchapter regarding any change in the victim's name, address, or telephone number.
Acts 1997, No. 1262, § 10.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 11 - RIGHTS OF VICTIMS OF CRIME (§§ 16-90-1101 — 16-90-1116) › Section 16-90-1111 - Presentence report

In preparing a presentence report, the person preparing the report shall make a reasonable effort to confer with the victim. If the victim is not available or declines to confer, the person preparing the report shall record that information in the report.
Acts 1997, No. 1262, § 11.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 11 - RIGHTS OF VICTIMS OF CRIME (§§ 16-90-1101 — 16-90-1116) › Section 16-90-1112 - Victim impact statement

(a)
(1)
Before imposing sentence, the court shall permit the victim to present a victim impact statement concerning the effects of the crime on the victim, the circumstances surrounding the crime, and the manner in which the crime was perpetrated.
(2)
The victim may present the statement in writing before the sentencing proceeding or orally under oath at the sentencing proceeding.
(3)
The defendant is required to physically remain in the courtroom during the presentation of any victim impact statement, unless the court determines that the defendant is behaving in a disruptive manner or in a manner that presents a threat to the safety of any person present in the courtroom.
(b)
The court shall give copies of all written victim impact statements to the prosecuting attorney and the defendant.
(c)
The sentencing court shall consider the victim impact statement along with other factors, but if the victim impact statement includes new material factual information upon which the court intends to rely, the court shall adjourn the sentencing proceeding or take other appropriate action to allow the defendant adequate opportunity to respond.
Amended by Act 2019, No. 301,§ 1, eff. 7/24/2019.
Acts 1997, No. 1262, § 12.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 11 - RIGHTS OF VICTIMS OF CRIME (§§ 16-90-1101 — 16-90-1116) › Section 16-90-1113 - Consideration and release of victim impact statement during inmate's parole or post-release supervision determination

(a)
(1)
(A)
Before determining whether to release the inmate on parole, the Post-Prison Transfer Board shall permit the victim to present a written victim impact statement at a victim impact hearing concerning the effects of the crime on the victim, the circumstances surrounding the crime, the manner in which the crime was perpetrated, and the victim's opinion regarding whether the inmate should be released on parole.
(B)
At the victim's option, the victim may present the statement verbally at a victim impact hearing conducted by one (1) or more members of the board.
(2)
Under this section, a victim impact hearing may be conducted through video-conference technology if utilizing video-conference technology does not inhibit the victim's statement.
(b)
(1)
Except in those circumstances listed under subdivision (b)(2) of this section, the board upon request shall give the inmate a copy of all impact statements written by the victim.
(2)
(A)
An impact statement written by the victim of an offense requiring registration under the Sex Offender Registration Act of 1997, §
12-12-901
et seq., or of an offense defined as a sex offense by §
16-90-1101
, is privileged and shall not be disclosed, directly or indirectly, to any person other than a member of the board, its authorized agents, a court, or other person, not including the inmate, entitled under this section to receive the statement.
(B)
However, the board or a court with jurisdiction may order the disclosure of an impact statement written by the victim and otherwise privileged under this subdivision (b)(2) to the affected inmate when the board or a court finds that the interests or welfare of the inmate outweighs the privacy and safety interests of the victim or to enhance the accuracy of the board's determination.
(c)
In deciding whether to release an inmate on parole or post-release supervision, the board shall consider among other factors:
(1)
Victim impact statements presented under subsection (a) of this section; and
(2)
Victim impact statements presented to the sentencing court under §
16-90-1112
.
(d)
The board may establish rules not otherwise addressed by this section governing the preparation, use, and disclosure of a victim impact statement.
Amended by Act 2023, No. 659,§ 135, eff. 1/1/2024.
Amended by Act 2023, No. 659,§ 134, eff. 1/1/2024.
Amended by Act 2015, No. 608,§ 1, eff. 7/22/2015.
Acts 1997, No. 1262, § 13.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 11 - RIGHTS OF VICTIMS OF CRIME (§§ 16-90-1101 — 16-90-1116) › Section 16-90-1114 - Derivative rights of member of victim's family

(a)
If a victim is a minor or is incapacitated, incompetent, or deceased, a member of the victim's family may exercise the rights of the victim under this subchapter.
(b)
If more than one (1) member of the victim's family attempts to exercise those rights, the court may designate which of them may exercise those rights.
Acts 1997, No. 1262, § 14.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 11 - RIGHTS OF VICTIMS OF CRIME (§§ 16-90-1101 — 16-90-1116) › Section 16-90-1115 - Duty to provide information or notice

None of the provisions of this subchapter or §§
16-21-106
and
16-93-702(b)
shall be deemed to relieve any person of the duty of providing information or notices required by any other law.
Acts 1997, No. 1262, § 15.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 11 - RIGHTS OF VICTIMS OF CRIME (§§ 16-90-1101 — 16-90-1116) › Section 16-90-1116 - Arkansas In-Life Photograph Act

(a)
This section shall be known and may be cited as the "Arkansas In-Life Photograph Act".
(b)
(1)
In a homicide case, the state has a right to have a photograph depicting the deceased person as he or she appeared in life before the crime occurred admitted and displayed at trial during the state's case-in-chief, if the photograph is submitted by the prosecution and is a reasonable, accurate, and appropriate depiction of the deceased person, subject to Rule 403 of the Arkansas Rules of Evidence and any other rule or law.
(2)
The court may limit the size of the photograph, the length of time the photograph is displayed, and give a limiting instruction to the jury as to the weight the photograph should be afforded.
Added by Act 2021, No. 1096,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 12 - [Repealed] (§ 16-90-1201) › Section 16-90-1201 - [Repealed]

Repealed by Act 2013, No. 1460,§ 8, eff. 1/1/2014.
Acts 2001, No. 1778, § 1; 2011, No. 570, §, 81.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 13 - EARNED DISCHARGE AND COMPLETION OF SENTENCE (§§ 16-90-1301 — 16-90-1305) › Section 16-90-1301 - Scope

This subchapter shall apply to all applicable felony sentences entered on or after July 27, 2011.
Acts 2011, No. 570, § 82.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 13 - EARNED DISCHARGE AND COMPLETION OF SENTENCE (§§ 16-90-1301 — 16-90-1305) › Section 16-90-1302 - Applicable felonies

(a)
The following felony offenses shall be eligible for earned discharge and completion of the sentence under this subchapter:
(1)
All Class D felonies, Class C felonies, and Class B felonies, except:
(A)
An offense for which sex offender registration is required under the Sex Offender Registration Act of 1997, §
12-12-901
et seq.;
(B)
A felony involving violence under §
5-4-501(d)(2)
;
(C)
Kidnapping, §
5-11-102
;
(D)
Manslaughter, §
5-10-104
; or
(E)
Driving or boating while intoxicated, §
5-65-103
; and
(2)
All Class A felony controlled substance offenses, §
5-64-401
et seq.
(b)
A Class Y felony shall not be eligible for earned early discharge and completion of sentence under this subchapter.
Amended by Act 2015, No. 299,§ 25, eff. 7/22/2015.
Acts 2011, No. 570, § 82.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 13 - EARNED DISCHARGE AND COMPLETION OF SENTENCE (§§ 16-90-1301 — 16-90-1305) › Section 16-90-1303 - Procedure

(a)
If a person is incarcerated for an eligible felony, whether by an immediate commitment or after his or her probation is revoked, and after he or she is moved to community supervision through parole or transfer by the Post-Prison Transfer Board, or if he or she is placed on probation, he or she is immediately eligible to begin earning daily credits that shall count toward reducing the number of days he or she is otherwise required to serve until he or she has completed the sentence.
(b)
(1)
Credits equal to thirty (30) days per month for every month that the offender complies with court-ordered conditions and a set of predetermined criteria established by the Division of Community Correction in consultation with judges, prosecuting attorneys, and defense counsel shall accrue while the person is on community supervision, including without limitation parole, post-release supervision, or probation.
(2)
The division shall calculate the number of days the person has remaining to serve on parole, post-release supervision, or probation before that person completes his or her sentence.
(3)
The number of days shall be recalculated on a monthly basis to reflect the application of any credits earned under this subchapter.
(c)
(1)
(A)
The division shall have sole discretion to forfeit any credits a person earns under this subchapter unless otherwise provided for in this section.
(B)
The award or forfeiture of any credits earned under this subchapter is not subject to appeal or judicial review.
(2)
A person convicted of another felony offense while on parole, post-release supervision, or probation may result in the forfeiture of any credits earned under this subchapter.
Amended by Act 2023, No. 659,§ 139, eff. 1/1/2024.
Amended by Act 2023, No. 659,§ 138, eff. 1/1/2024.
Amended by Act 2023, No. 659,§ 137, eff. 1/1/2024.
Amended by Act 2023, No. 659,§ 136, eff. 1/1/2024.
Acts 2011, No. 570, § 82.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 13 - EARNED DISCHARGE AND COMPLETION OF SENTENCE (§§ 16-90-1301 — 16-90-1305) › Section 16-90-1305 - Notice and effect

(a)
Notice of the discharge of the person's sentence under this section shall be sent to the clerk of the sentencing court.
(b)
The clerk of the sentencing court shall send notice to the Arkansas Crime Information Center.
(c)
A person who earns discharge and completion of his or her sentence under this subchapter is considered as having completed his or her sentence in full and is not subject to parole, post-release supervision, or probation revocation for those sentences.
Amended by Act 2023, No. 659,§ 141, eff. 1/1/2024.
Acts 2011, No. 570, § 82.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 14 - COMPREHENSIVE CRIMINAL RECORD SEALING ACT OF 2013 (§§ 16-90-1401 — 16-90-1419) › Section 16-90-1401 - Title

This subchapter shall be known and may be cited as the "Comprehensive Criminal Record Sealing Act of 2013".
Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 14 - COMPREHENSIVE CRIMINAL RECORD SEALING ACT OF 2013 (§§ 16-90-1401 — 16-90-1419) › Section 16-90-1402 - Intent

(a)
The General Assembly recognizes that historically the laws of this state involving the procedure a person must follow to have his or her prior criminal history information sealed have been confusing, from the standpoint of both practicality and terminology.
(b)
It is the intent of the General Assembly to provide in clear terms in what instances and, if applicable, how a person may attempt to have his or her criminal history information sealed.
Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 14 - COMPREHENSIVE CRIMINAL RECORD SEALING ACT OF 2013 (§§ 16-90-1401 — 16-90-1419) › Section 16-90-1403 - Scope

(a)
This subchapter governs all proceedings involving the sealing of criminal records.
(b)
Inconsistencies between this subchapter and any other sections within the Arkansas Code in existence January 1, 2014, are resolved in favor of this subchapter, except that this subchapter does not apply to:
(1)
The Arkansas Drug Court Act, §
16-98-301
et seq.;
(2)
Extended juvenile jurisdiction records under §
9-27-508
, unless the records are considered adult criminal records under §
9-27-501
et seq.; and
(3)
The sealing of juvenile records.
(c)
(1)
A court may hear a proceeding under this subchapter only if a uniform petition is initially filed by the petitioner.
(2)
A court may only use a uniform order if the court decides to seal a criminal record under this subchapter.
Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 14 - COMPREHENSIVE CRIMINAL RECORD SEALING ACT OF 2013 (§§ 16-90-1401 — 16-90-1419) › Section 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 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.
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.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 14 - COMPREHENSIVE CRIMINAL RECORD SEALING ACT OF 2013 (§§ 16-90-1401 — 16-90-1419) › Section 16-90-1407 - Special procedures for sealing a felony controlled substance possession conviction

A person may petition the court to seal a record of a felony conviction for possession of a controlled substance, §
5-64-419
, or counterfeit substance, §
5-64-441
, upon the completion of the person's sentence if, prior to sentencing:
(1)
An intake officer appointed by the court, where applicable, determines that the person has a drug addiction and recommends the person as a candidate for residential drug treatment;
(2)
The court places the person on probation and includes as part of the terms and conditions of the probation that:
(A)
The person successfully complete a drug treatment program approved by the court; and
(B)
The person remain drug-free until successful completion of probation; and
(3)
The person successfully completes the terms and conditions of the probation.
Amended by Act 2021, No. 690,§ 1, eff. 7/28/2021.
Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 14 - COMPREHENSIVE CRIMINAL RECORD SEALING ACT OF 2013 (§§ 16-90-1401 — 16-90-1419) › Section 16-90-1408 - Felony convictions ineligible for sealing

(a)
A record of a conviction of any of the following offenses is not eligible to be sealed under this subchapter:
(1)
A Class Y felony, Class A felony, or Class B felony, except as provided in §
16-90-1406
;
(2)
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)
.
(b)
(1)
A felony traffic offense committed in any type of motor vehicle if the person was a holder of a commercial learner's permit or commercial driver license at the time the felony offense was committed is not eligible for sealing under this subchapter.
(2)
As used in this subsection, "traffic offense" does not include a parking violation, vehicle weight violation, or vehicle defect violation.
Amended by Act 2021, No. 341,§ 2, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 869, eff. 7/1/2019.
Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 14 - COMPREHENSIVE CRIMINAL RECORD SEALING ACT OF 2013 (§§ 16-90-1401 — 16-90-1419) › Section 16-90-1409 - Sealing records of arrests

(a)
A person may petition a district court or circuit court to seal a record of a prior arrest if charges have not been filed by the prosecuting attorney within one (1) year of the date of the arrest.
(b)
The petition shall be filed in the county in which the arrest was made.
Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 14 - COMPREHENSIVE CRIMINAL RECORD SEALING ACT OF 2013 (§§ 16-90-1401 — 16-90-1419) › Section 16-90-1410 - Sealing records of nolle prosequi, dismissed cases, or cases when the disposition is an acquittal

(a)
A person may petition to seal the records of a case in which there was for any reason:
(1)
Entry of an order nolle prosequi upon motion of the prosecuting attorney after one (1) year has passed since the date of the entry of the order nolle prosequi;
(2)
Entry of an order of dismissal;
(3)
An acquittal, unless that acquittal was for reason of mental disease or defect under §
5-2-301
et seq.; or
(4)
A decision by the prosecuting attorney not to file charges.
(b)
The petition shall be filed in the court in which the order nolle prosequi or order of dismissal was entered.
Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 14 - COMPREHENSIVE CRIMINAL RECORD SEALING ACT OF 2013 (§§ 16-90-1401 — 16-90-1419) › Section 16-90-1411 - Sealing of records for a pardoned person - Pardons for youthful felony offenders

(a)
(1)
The Governor shall notify the court upon issuing a pardon, and the court shall issue an order sealing the record of a conviction of the person pardoned.
(2)
The record of a conviction relating to the conviction of a person pardoned before July 15, 1991, shall be sealed upon the filing of a copy of the pardon with the court by the person.
(3)
This section does not apply to a pardon issued for:
(A)
Any offense in which the victim is a person under eighteen (18) years of age;
(B)
A sex offense; or
(C)
An offense resulting in death or serious physical injury.
(b)
A person shall have his or her record of a conviction sealed by the court if the person:
(1)
Committed a felony in this state while under sixteen (16) years of age;
(2)
Was convicted and given a suspended sentence;
(3)
Received a pardon for the conviction; and
(4)
Has not been convicted of another criminal offense.
(c)
This section does not prevent a person from requesting that his or her criminal record be sealed under §
16-90-1405
or §
16-90-1406
.
Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 14 - COMPREHENSIVE CRIMINAL RECORD SEALING ACT OF 2013 (§§ 16-90-1401 — 16-90-1419) › Section 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)
(A)
The conviction was obtained as a result of the petitioner's having been a victim of human trafficking.
(B)
A finding concerning the affirmative defense under §
5-2-210
does not affect a finding under subdivision (c)(2)(A) of this section, and the petitioner is not required to have raised the affirmative defense under §
5-2-210
.
(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.
Amended by Act 2021, No. 1106,§ 5, eff. 7/28/2021.
Added by Act 2015, No. 1152,§ 12, eff. 7/22/2015.