This statute has been repealed and basically recodified by the In depth Criminal File Sealing Functions of 2013. There is no explanation to try to request for an expungement underneath this statute.
In advance of you examine this blog site, you must read these two other blogs 1st IF you are hunting to expunge a misdemeanor or a felony in Arkansas, for the reason that they are retroactive:
The system for obtaining an expungement beneath this statute is fundamentally the very same as the In depth Legal Document Sealing Act of 2013. People blogs are extra comprehensive on the process.
Which convictions can be expunged beneath the Arkansas Uniform Expungement Act?
If you were being not convicted, just arrested, observed not guilty, or the charges ended up dropped, then you can expunge people information.
Intercourse offenses involving minimal victims (these underneath 18 yrs of age) are ineligible for expungement. §16-ninety-901 (repealed). Neither are violent felony fees.
Can I tell individuals I have under no circumstances been uncovered responsible of a crime following my Arkansas expungement?
At the time the file is expunged the offender can lawfully point out the offense did not come about and the final result is that all civil legal rights are restored other than as is or else exclusively furnished for by legislation. §16-ninety-902. The “clean slate” outcome of an expungement is not complete. Jones v. Huckabee, 369 Ark. 42, 250 S.W.3d 241 (2007).
How do I request for my criminal data to be expunged beneath the Arkansas Uniform Expungement Act?
A petition for expungement is to be submitted with the Court docket in which the disposition transpired. Then a copy is to be served on the arresting agency and prosecuting legal professional. The prosecuting legal professional has 30 (thirty) days to file a reaction. If the Courtroom does not grant the petition a listening to is to be held. At the hearing, you have to encourage the decide to grant you an expungement of your information. §16-90-904. (Functions 477 of 2009, 626 of 2011, and 1460 of 2013 amended this section but the treatment is generally nevertheless the very same)
Who can see my records expunged less than the Arkansas Uniform Expungement Act of 1995?
An Arkansas expungement does not usually entail physical destruction of legal records. When an expungement order is entered the records are to be sealed and segregated from general public entry. §16-90-901.
Generally talking only the offender or his legal counsel or prison justice organizations and their reps can entry expunged or sealed data. §16-90-903. (This sort of as the Arkansas State Law enforcement, the FBI, and many others.).
What If I Do not Qualify to Expunge or Seal My Arkansas Prison Fees Beneath the Local community Corrections and Punishment Act?
Go through one of our other weblogs on expunging legal fees under a distinctive statute. Or simply call just one of our Fayetteville, Fort Smith, or Van Buren Arkansas Legal Defense Attorneys at (479) 782-1125 for a absolutely free consultation.
I have created weblogs on the two most popular statutes made use of to expunge misdemeanors and felonies in Arkansas are:
The relaxation of the Arkansas expungement statutes are much rarer:
The write-up The Arkansas Uniform Expungement Act of 1995 (ACA sixteen-ninety-901) appeared initially on King Law Group, PLLC.