The Community Corrections and Punishment Act is just one of a lot of expungement statutes in Arkansas. To be eligible for a disposition under this Act, the particular person must have been sentenced beneath it at the time of your conviction. Only those who dedicated their crime after January 1st, 1994 will be qualified.
Basically, if you dedicated a crime soon after the launch of 1994’s Timecop starring Jean Claude Van Damme you may possibly be eligible.
Right before you go through this weblog, you must read through these two other blogs 1st IF you are hunting to expunge a misdemeanor or a felony in Arkansas:
How do I know if I was sentenced less than the Group Corrections Act?
If you can get a hold of your court docket paperwork there really should be a reference to the statute or act there. Otherwise, you can use your memory to look at in opposition to some of the fundamental needs:
- If you have been sentenced to prison time (and not sentenced to a judicial transfer to the Division of Group Corrections) then you have been not sentenced beneath this act.
- You will only be eligible to be sentenced less than this act if you committed a non-violent, non-sexual offense.
- Felony DWI offenders also qualify to apply for expungements.
- The defendant will have to be a member of the “target group” as outlined by the statute. Nevertheless, misdemeanor DWI offenders are excluded as for every the text of the statute and other offenders may perhaps be excluded by statute. §16-93-1202.
Will my data be expunged quickly if I was sentenced below the Community Corrections Act?
No, you have to utilize for it, and even then your Arkansas prison information may well not be expunged. If the offender effectively completes his sentence (probation or Department of Community Corrections sentence), the trial court docket May well buy an expungement of report. An expungement of Arkansas criminal documents under this Act is discretionary with the Court. §16-93-1207. Indicating, you have to encourage the judge to expunge your data.
What if I was convicted of more legal rates before I used to have my conviction expunged, may perhaps I nonetheless implement for an expungement?
That is dependent.
To be qualified for expungement under this Act the offender need to have not had extra than a person (1) former felony conviction. If you do have a previous felony conviction it must not have been for any of the pursuing offenses:
- A capital offense (a criminal offense punishable by demise).
- Murder in the initially degree, § five-ten-102.
- Murder in the 2nd diploma, § five-10-103.
- Rape, § 5-fourteen-103.
- Kidnapping, § 5-11-102.
- Aggravated theft, § five-12-103.
- Providing controlled substances to a insignificant.
Even if your earlier demand was expunged, expunged convictions are nevertheless counted towards that earlier felony convictions. §16-93-1207.
What If I Never Qualify to Expunge or Seal My Arkansas Prison Prices Below the Local community Corrections and Punishment Act?
Read through just one of our other blogs on expunging felony charges below a diverse statute. Or connect with just one of our Fayetteville, Fort Smith, or Van Buren Arkansas Prison Defense Lawyers at (479) 782-1125 for a totally free consultation.
I have penned weblogs on the two most common statutes utilised to expunge misdemeanors and felonies in Arkansas and they are:
The rest of the Arkansas expungement statutes are considerably rarer:
The submit Arkansas Expungements Community Corrections and Punishment Act (ACA sixteen-ninety three-1201) appeared to start with on King Regulation Group, PLLC.