What is Expungement?
Expungement is a legal process that allows individuals in Arkansas to seal or clear certain criminal records. This means the offense is effectively erased from public view, offering a clean slate when applying for jobs, housing, or educational opportunities. Arkansas law refers to this process as sealing a record rather than expungement, but both terms are commonly used interchangeably.
If you qualify, expungement can be life-changing – giving you the chance to move forward without your past holding you back.
Who Qualifies for Expungement in Arkansas?
Not every criminal charge or conviction can be expunged. Arkansas law lays out specific eligibility requirements based on the type of offense and how the case was resolved.
Eligible Offenses
You may qualify for expungement if your case falls into one of these categories:
- Misdemeanor convictions, excluding certain sex-related crimes and DUIs
- Non-violent felony convictions, typically Class C or D felonies
- Charges dismissed, acquitted, or where no formal charges were filed
- Completed probation under Arkansas’s “First Offender Act”
- Completed drug court or diversion programs
Ineligible Offenses
You likely cannot expunge:
- Class Y, A, or B felonies
- Violent crimes (e.g., murder, rape, battery)
- Sex offenses requiring registration
- Felony convictions involving a weapon
Always consult a qualified attorney to confirm your specific eligibility.
Why Pursue Expungement?
Sealing your record has several key benefits:
- Employment opportunities: Most employers cannot see expunged records.
- Housing access: Landlords are less likely to deny applicants.
- Restoration of rights: You may regain certain civil rights.
- Peace of mind: Expungement helps break the stigma of a criminal record.
Even a single mistake on your record can affect your life for decades. Expungement offers a second chance.
How to File for Expungement in Arkansas
Here is a step-by-step overview of how the expungement process works in Arkansas:
1. Determine Eligibility
An attorney can review your criminal history and confirm whether your case qualifies for expungement.
2. Obtain Case Records
You’ll need documents from the court where your case was filed. This includes the docket, judgment, and sentencing information.
3. Complete the Petition
Your attorney will help you fill out and file a Petition to Seal with the appropriate court.
4. Serve the Prosecutor
The prosecuting attorney must be served with a copy of the petition and may object.
5. Attend a Hearing (if required)
Some cases require a court hearing where a judge will decide whether to grant the petition.
6. Court Decision
If the judge approves your request, your record will be sealed.
7. Notify Agencies
Once sealed, the court notifies state agencies and law enforcement to update their records.
How Long Does Expungement Take?
The process typically takes 60 to 90 days, though complex cases may take longer – especially if objections arise. Working with an experienced attorney helps ensure everything is filed correctly and quickly.
Costs Associated with Expungement
Filing fees for expungement vary by county but generally range from $50 to $200. Attorney fees depend on the complexity of your case. The long-term value of clearing your record, however, often far outweighs the initial costs.
Does Expungement Erase the Record Completely?
No. Expungement seals the record, meaning it is removed from public access. Law enforcement and courts still have limited access for official purposes. In most scenarios, however, you can legally state that you have not been convicted of a crime once your record is sealed.
How Expungement Affects Background Checks
Once your record is expunged, it generally does not appear on standard background checks run by employers, landlords, or most third parties. However, certain government agencies or law enforcement may still see sealed records if needed for investigations or security clearances.
How Soon Can You Apply for Expungement?
This depends on the type of offense and whether all sentencing requirements (probations, fines, classes, etc.) have been completed.
Here are common wait times:
- Misdemeanors: After sentence completion
- Non-violent felonies: Five years after sentence completion
- Dismissals and acquittals: Immediately
Why Legal Guidance Matters
The expungement process in Arkansas is detailed and can be confusing. If you file incorrectly or miss important steps, your petition could be denied. An experienced attorney understands local court procedures, can determine your eligibility, and advocates for your second chance.
FAQs
1. Can I expunge a DUI in Arkansas?
No, DUIs are not eligible for expungement under Arkansas law, even if it was a first offense.
2. Will my record be cleared from all databases?
Your sealed record is removed from public and most private databases. However, state agencies, courts, and law enforcement may retain access.
3. Can employers ask about sealed records?
No, Arkansas law prohibits employers from asking about expunged or sealed offenses. You can legally answer “no” when asked about criminal convictions.
Reclaim Your Future with Help from The Digby Law Firm
If you’re ready to clear your criminal record and start fresh, The Digby Law Firm is here to help. Located in Benton, Arkansas, we serve clients statewide with a focus on criminal defense, family law, and civil matters. Our legal team is experienced in handling:
- DWI/DUI
- Sex offenses
- Violent offenses
- Drug offenses
- Felonies
- Divorce, custody, child support
- Adoption and civil cases
We offer free consultations for all Arkansas cases and are committed to helping you move forward with confidence. Call us today at (501) 44-DIGBY or email Bobby@BobbyDigbyLaw.com to schedule your consultation today. Your future is worth fighting for – let us help you reclaim it!