How Long Does a Felony Stay on Your Record in Arkansas?

A felony conviction in Arkansas can have lasting consequences that affect your employment, housing, and other rights. Many people wonder how long a felony stays on their record and whether there are options to clear their criminal history. Whether you served or are about to serve time in the Cummins Unit or the Varner Unit, you may be wondering, “How long does a felony stay on your record in Arkansas?”

Understanding Your Eligibility to Seal Your Felony Record

A felony conviction in Arkansas does not disappear on its own. Unless sealed, it remains on a person’s record permanently. Arkansas law allows certain criminals out of Arkansas’ approximately 861,000 convicted criminals to petition the court to seal their record, but eligibility depends on the type of offense and whether all sentencing requirements have been met.

Under Ark. Code § 16-90-1406, individuals may petition the court to seal certain felony convictions. Some felonies can be sealed immediately after completing a sentence, including probation or parole.

This applies to nonviolent Class C and Class D felonies, certain unclassified felonies, and some drug crime related offenses. If the conviction involved solicitation, attempt, or conspiracy to commit an eligible felony, it may also qualify for immediate sealing. People convicted of nonviolent felonies while under the age of 18 can also file for sealing right away.

For violent Class C and Class D felonies, the law requires a five-year waiting period after completing the sentence before filing a petition. This waiting period starts once parole, probation, and all other sentencing conditions have been met.

There are restrictions on who can qualify. A person can only have one prior felony conviction, though multiple felonies committed in the same criminal incident are counted as one. If a felony was previously sealed, it still counts toward the total number of convictions.

Some crimes can never be sealed. This includes Class Y felonies, most Class A and Class B felonies, murder, manslaughter, human trafficking, sex crimes, and sexual offenses involving minors. Domestic violence, gun crimes, and felony defense-related charges also cannot be sealed. Felony driving or boating while intoxicated also cannot be sealed.

Benefits of a Sealed Felony Record

Sealing a felony record in Arkansas allows individuals to legally deny having a felony conviction in most situations. This means that when applying for a job, housing, or educational opportunities, they do not have to disclose the sealed conviction. Anyone seeking to further their education, grow their job prospects, or move into a higher quality and safer neighborhood could greatly benefit from having a sealed record.

However, sealed records may still be used in future criminal proceedings if a person reoffends. Additionally, some professions, such as those in law enforcement, healthcare, and childcare, may still require disclosure of sealed convictions under state and federal laws.

For those with ineligible felonies, one alternative is to apply for a governor’s pardon. While a pardon does not erase a record, it serves as official forgiveness and may help restore certain civil rights, such as the right to own a firearm.

Understanding the laws governing felony records in Arkansas is crucial for individuals seeking a fresh start. The ability to seal a record depends on the nature of the conviction, the completion of sentencing requirements, and the waiting periods established by law. For those with felony convictions, consulting an attorney or reviewing Ark. Code §§ 16-90-1401 can provide clarity on available legal options.

FAQs

Q: How Long Does It Take for a Felony to Come Off Your Record in Arkansas?

A: In Arkansas, felony record sealing depends on the type of offense. Nonviolent Class C and Class D felonies can be sealed immediately after completing the sentence, including probation or parole. Violent Class C and Class D felonies require a five-year waiting period before they can be sealed. Some felonies, including Class Y offenses and certain violent or sexual crimes, cannot be sealed. Once a record is sealed, it is no longer accessible to the public.

Q: What Felonies Cannot Be Expunged in Arkansas?

A: Arkansas law prevents the expungement of certain serious crimes, including Class Y felonies, murder, sexual offenses, human trafficking, and specific violent crimes. Felonies involving weapons or crimes against children are also typically ineligible. While many nonviolent and drug-related felonies may qualify for expungement, eligibility depends on the details of the conviction and completion of all sentencing requirements.

Q: What Rights Do Felons Lose in Arkansas?

A: Felons in Arkansas lose certain civil rights, including the right to vote, hold public office, and serve on a jury. As per Arkansas Gun Laws, gun rights are also restricted, and felons are prohibited from possessing firearms unless their rights are restored through a governor’s pardon. Expungement or clemency may help restore some lost rights, but restrictions vary based on the nature of the felony conviction.

Q: How Far Back Does a Criminal Background Check Go in Arkansas?

A: Arkansas does not have a strict limit on how far back background checks can go. Felony convictions generally remain on record indefinitely unless expunged. Most employers and agencies review at least seven years of history, but law enforcement, state licensing boards, and financial institutions may access an applicant’s full criminal record, including past felonies that have not been sealed or pardoned.

Schedule Your Felony Record Consultation Today

The state of Arkansas is highly punitive when it comes to sentencing guilty defendants. In 2022, approximately 17,625 individuals were incarcerated in Arkansas, and as of 2022, Arkansas had an incarceration rate of 574 per 100,000 residents, which is significantly higher than the national average of 355 per 100,000 residents.

At Lemley Law Partners, we believe that once you’ve paid your debt to society, you deserve the opportunity of a second chance. Securing gainful employment and housing can be challenging if you have a felony conviction on your record. Our criminal defense attorneys understand the state laws that allow convicted criminals to petition to have their records sealed.

A sealed record can afford you a clean slate and the chance to start over. Take the first step today by contacting our firm so we can review your case, confirm your eligibility, and begin the process of having your felony sealed.