In 2023, 68,378 property crimes and 19,016 violent crimes were reported in Arkansas. These numbers ranked Arkansas fourth highest for property crime and second highest for violent crime across the southern region.
Given the significant number of residents affected by criminal records, many ask, “Can you expunge a felony in Arkansas?“
Traditional expungement refers to the complete elimination or erasure of a criminal record, making it as though the offense never occurred. In Arkansas, genuine expungement (actual physical destruction) happens infrequently, and people often use the term interchangeably with sealing in everyday conversation, despite their legal differences.
Sealing a record doesn’t necessarily destroy everything, but it does make a person’s criminal history confidential and largely inaccessible to most employers and landlords.
Whether someone can seal their felony defense record depends on several factors, including the seriousness of the offense, how much time has elapsed since sentencing, and whether they’ve met other legal requirements.
The Process of Sealing a Criminal Record
Under Arkansas law, individuals who have fully completed their sentence—including payment of all fines and completion of probation—may petition to have their records sealed. The waiting period before you can petition for record sealing varies depending on the type of conviction. However, certain offenses are permanently ineligible for sealing, including domestic violence, violent crimes, class Y felonies, and sex crimes.
The record sealing process requires filing a Petition and Order to Seal with the court where your conviction was entered. Once the court grants your petition, your criminal record becomes sealed.
This offers substantial benefits, including better access to employment and housing opportunities. If you’re in Little Rock, you can obtain these petition forms at the Pulaski County Circuit Court Clerk’s Office located at 401 West Markham Street.
Felonies That 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.
Which Felonies Can’t 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.
What Are The 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. Our award-winning Little Rock criminal defense attorneys 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.
Contact Our Skilled Arkansas Expungement Lawyers Today
If you’re being dragged down by a criminal record, a dedicated Arkansas expungement lawyer from Lemley DWI & Criminal Defense Lawyers can help. Contact us today to schedule a consultation.