Person convicted of public trust crime ineligible as candidate for constitutional office or to hold constitutional office

  1. Law
  2. Arkansas Code
  3. Public Officers and Employees
  4. Ethics and Conflicts of Interest
  5. Code of Ethics
  6. Person convicted of public trust crime ineligible as candidate for constitutional office or to hold constitutional office

Checkout our iOS App for a better way to browser and research.

  1. (a) If a person has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime, he or she shall not:

    1. (1) File as a candidate for a constitutional office;

    2. (2) Run as a candidate for a constitutional office; or

    3. (3) Hold a constitutional office.

  2. (b)

    1. (1) The sealing of any public trust crime or any similar offense under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or any sealing or expungement act in any jurisdiction shall not restore a privilege, eligibility, or qualification to file as a candidate for, run as a candidate for, or hold a constitutional office under this section.

    2. (2) A person who has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime that was sealed or expunged as described in subdivision (b)(1) of this section:

      1. (A) Upon inquiry, shall disclose the fact and nature of the crime which the person pleaded guilty or nolo contendere to or was found guilty of; and

      2. (B) Shall not publicly state or affirm under oath that the:

        1. (i) Conduct underlying the plea or finding did not occur;

        2. (ii) Record of the underlying plea or finding does not exist; or

        3. (iii) Person has not been convicted of a criminal offense.

    3. (3) If a person has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime or similar offense that was sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or any sealing or expungement act in any jurisdiction, evidence of the plea, finding, and conduct underlying the plea or finding shall be admissible in a court of competent jurisdiction for an action concerning the person's filing for, candidacy for, or holding of a constitutional office.


Download our app to see the most-to-date content.