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Petition to Seal (Expungement) Information

Introduction
In some cases, you can ask the court to seal your criminal records. Sealing Your Criminal Records Cannot:
This used to be called expungement. It is now called Petition and • restore your gun rights if you are sealing a felony
Order to Seal. Your criminal records will not be physically destroyed, conviction (unless you were sentenced under a deferred
but they will be sealed and treated as confidential. sentence statute)
• prevent your record from being used against you in a
trial, by the police, or by the prosecutor if you are
What Records Can Be Sealed? arrested or go to court
When you were sentenced, the sentencing had to be under a • block access by employers in law enforcement, day
law that allows your criminal records to be sealed. Before you can care, nursing homes, and teaching
ask to have your records sealed, you must complete all the terms
and conditions of your probation and pay any fines or costs that
were part of your sentence. Who Can See Your Sealed Records?
After you have finished your sentence, you have to wait 5 years to • the defendant and their attorney
seal your record for: • the Criminal Justice Agency for a job reference
• Eligible violent felonies (only Class C and D) • a court if you have been convicted of another crime
• negligent homicide (if it was a Class A misdemeanor) • a prosecuting attorney
• driving while intoxicated • the Arkansas Crime Information Center (ACIC)
• battery in the third degree
If your criminal records appear in a background check after they
• indecent exposure have been sealed, you have a right to ask for the background check
• public sexual indecency company’s information and give them the Order to Seal. The
• sexual assault in the fourth degree company will have to correct their records. (Background check
• domestic battering in the third degree companies are still governed by the Fair Credit Reporting Act.)
When certain employers (like teachers, day care workers, nursing
Other Misdemeanors and Felonies may be sealed immediately. homes, and law enforcement agencies), do a background check, all
convictions show up. This means that they can see any sealed
criminal records.
What Records Cannot Be Sealed?
The following records cannot be sealed:
• a sexual offense in which the victim was under the age For more information, visit acic.org.
of 18 years
• a felony in which you spent any time in the Arkansas
Department of Corrections
• a Class Y felony This fact sheet is a collaboration of the Center for Arkansas Legal Services and Legal
Aid of Arkansas, Inc. These nonprofit organizations provide free legal assistance to
• a Class A or B felony that was not a drug offense eligible Arkansans who meet income, asset, and other guidelines. Legal assistance
• manslaughter may also include advice and counsel, brief services, or full representation depending
on the situation. For more information about civil legal aid in Arkansas, please visit
• an unclassified felony with a maximum sentence that arlegalservices.org. For information specific to Legal Aid of Arkansas, Inc.,
was more than 10 years visit arlegalaid.org. Apply for services online or by calling 1-800-9-LAW-AID (1-
• violent felonies that fall under A.C.A. § 5-4-501 800-952-9243).

The information and statements of law in this fact sheet should not be considered
legal advice. This fact sheet is provided as a broad guide to help you understand how
Benefits of Sealing Your Records certain legal matters are handled in general. Courts may interpret the law
differently. Before you take action, talk to an attorney and follow his or her advice.
When your criminal records are sealed, you may have an easier
Always do what the court tells you to do.
time finding employment and housing. When you interview for a job
or housing, you can legally state that you have not been convicted
or arrested of a crime. Content provided by:
Legal Aid of Arkansas, Inc.
Updated October 2020
Petition to Seal Additional Questions

What Can You Find on Your Judgement and What If You Have Three or More Felonies?
Disposition Sheet or Your ACIC Form?
You are not eligible to seal your record if you have three or more
• the type of felony you were convicted of can be found felonies. However, you are still eligible to apply for a Governors’
on your Judgement and Disposition sheet pardon. The application and instruction packet can be found on
• the Arkansas Code Annotated (ACA) can be found on https://www.dps.arkansas.gov/crime-info-support/arkansas-
both sheets, in a set of three numbers (for example, 1- crime-information-center/forms/. If you are seeking to restore
23-456) your gun rights, use the same pardon application. There will be
three options on the second page indicating what will be
• at what time and date you pled, or were found, guilty
restored by the pardon if successful. That is where you can
can be found on your Judgement and Disposition
choose to pardon your convictions or restore your gun rights.
sheet, after your conviction information, titled similar to
the following: “Conditions of State Supervised Importantly, if you were sentenced under Act 346, you do not
Probation of Sentence” lose your gun rights.
• how long your probation was, and how much you were
sentenced to pay as fines, can be found on your
Judgement and Disposition sheet, after your conviction
information Is There a Filing Fee?
• whether you were sentenced under Act 346 (or no Act
346 information for those not sentenced under it) may No. The filing fee will be waived as of July 2019 under Act 680.
be found on either sheet
• your case number, which can also be found at Where Can You Find a Notary?
caseinfo.aoc.arkansas.gov under “person name,
business name, or case type,” may be found on your
Notaries that can sign your petition can be found at many places,
Judgement and Disposition sheet
such as banks, car lots, courthouses, and law offices.
• the court, county, and division of your conviction can
be found on your Judgement and Disposition sheet
• your arrest date, also known as your offense date, can
be found on either sheet This fact sheet is a collaboration of the Center for Arkansas Legal Services and Legal
• your arrest tracking number, SID number, and FBI Aid of Arkansas, Inc. These nonprofit organizations provide free legal assistance to
number can be found on the ACIC form eligible Arkansans who meet income, asset, and other guidelines. Legal assistance
may also include advice and counsel, brief services, or full representation depending
on the situation. For more information about civil legal aid in Arkansas, please visit
arlegalservices.org. For information specific to Legal Aid of Arkansas, Inc.,
How Do You Know Which Form to Use? visit arlegalaid.org. Apply for services online or by calling 1-800-9-LAW-AID (1-
800-952-9243).

Check your Judgement and Disposition sheet to see what your The information and statements of law in this fact sheet should not be considered
sentence was, and then find the corresponding form. The most legal advice. This fact sheet is provided as a broad guide to help you understand how
certain legal matters are handled in general. Courts may interpret the law
common forms are Act 346, Community Punishment (Act 1460 differently. Before you take action, talk to an attorney and follow his or her advice.
and Act 680; there is one for felonies and one for mis- Always do what the court tells you to do.
demeanors), Nolle Prosequi, and Arrest Only.
Content provided by:
Legal Aid of Arkansas, Inc.
What Do You Need to Know About Your
Updated October 2020
Arrest Tracking, SID, and FBI Numbers?
While the SID number is a permanent number across all your
convictions, your arrest tracking number changes with each
arrest. If no FBI number appears on your ACIC sheet, do not fill
out the FBI form on the petition.
Petition to Seal Instructions
Before You Start
After You File
You will need your Judgment and Commitment Order. This legal
document gives information about the sentence that you For misdemeanors, anyone who does not want your record to
received from the court. If you do not have this document, you be sealed has to file a notice of opposition and give the reasons
can get it by visiting the clerk’s office at the court where you were that they are opposing within 30 days. If no one disagrees with
sentenced and ask for copies. You may be charged a small fee your attempt to seal your criminal records, then the court may
(generally $5) to get copies. grant your petition. If some-one is against your attempt to seal
your criminal records, then the court will set a hearing.
It also helps to ask for a background or ACIC check. If you do
this, you will have detailed information for what is on your For felonies, the court must wait 90 days before a judge can sign
criminal record. off on an order to seal. However, if the prosecutor gives the court
a letter of no objection, then you can have your order to seal
The background check will also have: signed at any time.
• your arrest tracking number
• the date of your arrest If your Petition to Seal is granted, the uniform Order to Seal
should be filed with the Circuit Clerk. The clerk will send copies
• the SID number
to the prosecutor, arresting agency, ACIC, and Administrative
• the FBI number Office of the Courts. The Circuit Clerk will put all legal
documents of your case in a separate and private area within
Your arrest tracking number is very important. You need your the clerk’s office.
arrest tracking number to make sure that your Order to Seal is
entered correctly in ACIC. ACIC is the Arkansas Crime
Information Center. It is the state agency that gives information This fact sheet is a collaboration of the Center for Arkansas Legal Services and Legal
and technology help to police and other criminal justice agencies Aid of Arkansas, Inc. These nonprofit organizations provide free legal assistance to
eligible Arkansans who meet income, asset, and other guidelines. Legal assistance
in Arkansas. may also include advice and counsel, brief services, or full representation depending
on the situation. For more information about civil legal aid in Arkansas, please visit
Getting a background check also makes the process of sealing arlegalservices.org. For information specific to Legal Aid of Arkansas, Inc.,
your criminal records easier, because you will have the visit arlegalaid.org. Apply for services online or by calling 1-800-9-LAW-AID (1-
information that you need to give to the court and the 800-952-9243).
prosecuting attorney. This information is easy to get from the The information and statements of law in this fact sheet should not be considered
ACIC Website: https://www.dps.arkansas.gov/crime-info- legal advice. This fact sheet is provided as a broad guide to help you understand how
support/arkansas-crime-information-center/forms/. Print the certain legal matters are handled in general. Courts may interpret the law
form to request your criminal background from ACIC. differently. Before you take action, talk to an attorney and follow his or her advice.
Always do what the court tells you to do.
Most prosecutors require proof that you have completed the Content provided by:
terms of your sentence. You can get proof that you paid your Legal Aid of Arkansas, Inc.
fines from the sheriff’s department. You can get proof that you
Updated October 2020
have finished the terms of your probation from the probation
office.

Step 1
File a uniform Petition to Seal in the Circuit or District Court
where you were sentenced. These forms are at the forms tab at
https://www.dps.arkansas.gov/crime-info-support/arkansas-
crime-information-center/forms/. Use the form that fits your case
and prepare the petition and order. Only file the petition.

There is no filing fee as of July 2019 under Act 680.

Step 2
You must give a copy of the legal forms that you filed to the
prosecuting attorney and arresting agency.

A collaboration of Center for Arkansas Legal Services and Legal Aid of Arkansas, Inc.
1-800-9-LAW-AID (1-800-952-9243) | arlegalservices.org | arlegalaid.org

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