Eligibility to file a uniform petition to seal a misdemeanor offense or violation

  1. Law
  2. Arkansas Code
  3. Practice, Procedure, And Courts
  4. Criminal Procedure Generally
  5. Judgment and Sentence Generally
  6. Comprehensive Criminal Record Sealing Act of 2013
  7. Eligibility to file a uniform petition to seal a misdemeanor offense or violation

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  1. (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. (1) The completion of his or her sentence for the misdemeanor or violation, including full payment of restitution;

    2. (2) Full payment of court costs;

    3. (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. (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.

  2. (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. (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:

      1. (A) Negligent homicide, § 5-10-105, if it was a Class A misdemeanor;

      2. (B) Battery in the third degree, § 5-13-203;

      3. (C) Indecent exposure, § 5-14-112;

      4. (D) Public sexual indecency, § 5-14-111;

      5. (E) Sexual assault in the fourth degree, § 5-14-127;

      6. (F) Domestic battering in the third degree, § 5-26-305; or

      7. (G) A misdemeanor violation of § 5-65-103;

    2. (2) A new uniform petition to seal a criminal offense listed in subdivisions (b)(1)(A)-(G) of this section before one (1) year from the date of the order denying the previous uniform petition;

    3. (3) 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;

    4. (4) 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

    5. (5) A new uniform petition to seal a misdemeanor or violation under this section if:

      1. (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

      2. (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.

  3. (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.


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