How Do I Expunge an Acquitaal in Arkansas?
Full Question:
Answer:
The main exception to expungment for a person acquitted is when a sex offense with a minor is involved. Otherwise, a petition for expungement may be filed according to the statute below:
16-90-904. Procedure for sealing of records.
(a)(1) An individual who is eligible to have an offense expunged may file a uniform petition to seal records, as described in § 16-90-905, in the circuit court or district court in the county where the crime was committed and in which the person was convicted for the offense he or she is now petitioning to have expunged.
(2)(A) Unless the court is presented with and finds that there is clear and convincing evidence that a misdemeanor conviction should not be expunged under this subchapter, the court shall expunge the misdemeanor conviction for a person after the person files a petition as described in this section, except for the following offenses:
(i) Negligent homicide, § 5-10-105, if it was a Class A misdemeanor;
(ii) Battery in the third degree, § 5-13-203;
(iii) Indecent exposure, § 5-14-112;
(iv) Public sexual indecency, § 5-14-111;
(v) Sexual assault in the fourth degree, § 5-14-127;
(vi) Domestic battering in the third degree, § 5-26-305; or
(vii) Driving while intoxicated, § 5-65-103.
(B) An offense listed in subdivisions (a)(2)(A)(i)-(vi) of this section:
(i) May be expunged after a period of five (5) years has elapsed since the completion of the person's sentence for that conviction; and
(ii) Shall be expunged after the period of time required in subdivision (a)(2)(B)(i) of this section unless the court is presented with and finds that there is clear and convincing evidence that the misdemeanor conviction should not be expunged under this subchapter.
(b)(1)(A) A copy of the uniform petition for sealing of the record shall be served upon the prosecuting authority for the county in which the petition is filed, the arresting agency, and any city court or district court where the individual appeared before the transfer of the case to circuit court.
(B) It shall not be necessary to make any agency a party to the action.
(2)(A) Any person desiring to oppose the sealing of the record shall file a notice of opposition with the court setting forth reasons within thirty (30) days after receipt of the uniform petition or after the uniform petition is filed, whichever is the later date.
(B) If no opposition is filed, the court may grant the petition.
(C) If notice of opposition is filed, the court shall set the matter for a hearing.
(c) If the court determines that the record should be sealed, the uniform order, as described in § 16-90-905, shall be entered and filed with the circuit clerk.
(d) The circuit clerk shall certify copies of the uniform order to the prosecuting attorney who filed the underlying charges, the arresting agency, any city court or district court where the individual appeared before the transfer of the case to circuit court, the Administrative Office of the Courts, and the Arkansas Crime Information Center.
(e)(1) The circuit clerk and the clerk of any city court or district court where the individual appeared before the transfer of the case to circuit court shall remove all petitions, orders, docket sheets, and documents relating to the case, place them in a file, and sequester them in a separate and confidential holding area within the clerk's office.
(2)(A) A docket sheet shall be prepared to replace the sealed docket sheet.
(B) The replacement docket sheet shall contain the docket number, a statement that the case has been sealed, and the date that the order to seal the record was issued.
(3) All indices to the file of the individual with a sealed record shall be maintained in a manner to prevent general access to the identification of the individual.
(f) Upon notification of an order to seal records, all circuit clerks, city clerks, district clerks, arresting agencies, and other criminal justice agencies maintaining such conviction records in a computer-generated database shall either segregate the entire record into a separate file or ensure by other electronic means that the sealed record shall not be available for general access unless otherwise authorized by law.
History. Acts 1995, No. 998, § 7; 2009, No. 477, § 1; 2011, No. 626, § 3.
