Can You Expunge a Felony in Arkansas?

In 2023, 68,378 property crimes and 19,016 violent crimes were reported in Arkansas. This placed Arkansas as the fourth highest in property crime rates and second highest in violent crime rates in the southern region. With so many people impacted by criminal records in the state, a frequent question is, “Can you expunge a felony in Arkansas?”

Expungement traditionally means the complete destruction or erasure of a criminal record, as if it never existed. In Arkansas, true expungement (physical destruction) is rare, and the term is often used interchangeably with sealing in casual language, though legally, they differ.

While sealing a record does not necessarily mean that everything is destroyed, it makes a person’s criminal history confidential and therefore inaccessible to the majority of employers and landlords. A person’s ability to seal their felony defense record is dependent on various factors, including offense severity, the amount of time that has passed since they were sentenced, and compliance with other legal requirements.

The Process of Sealing a Criminal Record

According to the law in Arkansas, people who have successfully completed their entire sentence, including having paid their fines and completed probation, can petition to get their records sealed. The amount of time required to wait until petitioning for a record sealing is dependent on the type of crime for which one was convicted. Certain types of offenses, like domestic violence, violent crimes, class Y felonies, and sex crimes, are not eligible for the sealing process.

Sealing a criminal record involves submitting a Petition and Order to Seal with the court that issued the conviction. If the petition is granted, the criminal record can then be sealed. This can provide significant relief for the petitioner, helping them access improved employment and housing opportunities. In Little Rock, these petitions can be obtained at the Pulaski County Circuit Court Clerk’s Office at 401 West Markham Street.

What Felonies Can Be Sealed?

Although it’s not possible for all types of felonies to be sealed in Arkansas, there are a few classes and some nonviolent felonies that can be eligible for the record sealing process. Upon completion of sentencing requirements, the following felonies may be sealed immediately, with no waiting period:

• Felony convictions under first-time offender programs
• Property crimes
• Non-violent Class D and Class C felonies
• Certain felonies involving controlled substances.

Felonies that are still eligible for sealing but require a waiting period of five years before reaching eligibility include:

• Indecent exposure
• Public sexual indecency
• Fourth-degree sexual assault
• Third-degree domestic battering
• Third-degree battery
• Class A misdemeanor negligent homicide

In all cases, the applicant is required to successfully complete all legal requirements. This includes any supervised release, parole, and probation conditions, as well as paying all restitution or fines before they can file their petition.

Felonies That Cannot Be Sealed

Crimes that are not eligible for record sealing in Arkansas include class Y felonies such as first degree domestic battery, rape or murder, Class A and B felonies (except for drug offenses), sex offenses that involve a victim under the age of 18, manslaughter, and violent felonies. Unclassified felonies that carry a sentence of more than 10 years are also not eligible. For people who have been convicted of these crimes, the only way to get a record sealed is to apply for a pardon from the Governor of Arkansas.

Benefits of Sealing a Felony Record

Felony records can stay on your record for years, sometimes even permanently, and can create significant obstacles in daily life, from finding a job to securing housing. In Arkansas, the ability to seal or expunge a felony record depends on several factors, but doing so comes with major benefits, including a restored reputation. Having a sealed record can remove the social stigma of a past conviction, allowing people to fully participate in their communities without the weight of their past mistakes. Landlords often reject applications from individuals with felony records, so sealing a record can open up better opportunities for stable and safe housing.

Sealing a felony record also comes with improved employment opportunities. As many employers carry out background checks, with felony convictions being a significant barrier to securing employment, a sealed record can come with new opportunities. After their record is sealed, job applicants can generally deny that they have been convicted of a crime.

Limitations of Sealing a Record

While sealing your felony record comes with many benefits, it’s important to note that it commonly does not restore gun rights. It also does not keep records hidden from employers in fields like childcare, teaching, nursing, or law enforcement.

Despite a record being sealed, certain government entities, such as the Arkansas Crime Information Center, still have continued access. And if the petitioner is charged with another crime in the future, the courts still have access to the criminal record.

FAQs

Q: What Is the Difference Between Expungement and Record Sealing?

A: The difference between expungement and record sealing is that expungement involves the complete destruction of a criminal record, while sealing involves keeping a record confidential from the public eye. Expungement is rare in Arkansas and may be most applicable to juvenile cases. Record sealing is available in certain cases and generally only after the requirements of the penalties have been met.

Q: Can a Sealed Record Appear in a Background Check?

A: In the majority of cases, a sealed record cannot appear in a background check. There are, however, certain types of employers, like health care agencies, childcare, and law enforcement, that can still access a person’s criminal record. If a person is charged with a crime in the future, the courts can also access the previous record.

Q: Can a Violent Felony Be Sealed?

A: No, it is not possible for a violent felony to be sealed in Arkansas. Certain sex offenses, class Y felonies, and violent felonies are not eligible to be sealed in the state. The only option is to get the crime pardoned by the governor of Arkansas. A detail-oriented criminal defense attorney can help you understand what your options for sealing or legal relief might be.

Q: What Should I Do if My Sealed Record Still Appears in a Background Check?

A: If your sealed record is still appearing in a background check, it is important to work with an experienced attorney. They can help you get in contact with the background check company and provide the official Order to Seal to make sure their records are corrected. A skilled expungement lawyer can help ensure that your rights and freedoms are protected.

Fight for Legal Relief With a Skilled Arkansas Expungement Lawyer

If you’re being dragged down by a criminal record, a dedicated Arkansas expungement lawyer from Lemley Law Partners can help. Contact us today to schedule a consultation.