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 16-90-1405 - Eligibility to file a uniform petition to seal a misdemeanor offense or violation

(a)
A person is eligible to file a uniform petition under this subchapter to seal his or her record of a misdemeanor or violation immediately after:
(1)
The completion of his or her sentence for the misdemeanor or violation, including full payment of restitution;
(2)
Full payment of court costs;
(3)
Full payment of driver's license suspension reinstatement fees, if a driver's license suspension reinstatement fee was assessed as a result of the person's arrest or conviction for the misdemeanor or violation; and
(4)
The completion of all other driver's license reinstatement requirements, if a driver's license suspension was imposed as a result of the person's arrest or conviction for the misdemeanor or violation.
(b)
There is not a limit to the number of times a person may file a uniform petition to seal his or her record of a misdemeanor or violation, except that the person may not file:
(1)
A new uniform petition to seal one (1) of the following criminal offenses until after a period of five (5) years has elapsed since the completion of the person's sentence for the conviction:
(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
;
(2)
A new uniform petition to seal a misdemeanor violation of driving or boating while intoxicated, §
5-65-103
, until after the applicable lookback periods under §
5-65-111
have elapsed;
(3)
A new uniform petition to seal a criminal offense listed in subdivisions (b)(1)(A)-(F) or subdivision (b)(2) of this section before one (1) year from the date of the order denying the previous uniform petition;
(4)
A new uniform petition to seal a misdemeanor or violation before ninety (90) days from the date of an order denying a uniform petition to seal the misdemeanor or violation;
(5)
A new uniform petition to seal a misdemeanor or violation under this section if an appeal of a previous denial of a uniform petition to seal a misdemeanor or violation for the same misdemeanor or violation is still pending; or
(6)
A new uniform petition to seal a misdemeanor or violation under this section if:
(A)
The person was a holder of a commercial driver license or commercial learner's permit at the time the misdemeanor or violation was committed; and
(B)
The misdemeanor or violation was a traffic offense, other than a parking violation, vehicle weight violation, or vehicle defect violation, committed in any type of motor vehicle.
(c)
Except as provided in subsection (b) of this section, a person is eligible to file a uniform petition to seal a misdemeanor or violation under this section even if his or her misdemeanor or violation occurred before January 1, 2014.
Amended by Act 2021, No. 1037,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 680,§ 1A, eff. 7/24/2019.
Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.