“How long does a conviction stay on my record in Arkansas?” is one of the most common questions defense attorneys hear — usually from someone trying to apply for a job, rent an apartment, or qualify for a professional license years after the case ended.
The answer surprises many people. In Arkansas, a criminal conviction generally does not “fall off” your record automatically with time. Unless there is a legal mechanism that changes how the record is treated — most commonly record sealing — a conviction can remain part of your record indefinitely.
Many people assume criminal records work like credit reports, where negative entries age off after a set number of years. They don’t.
The Real Question
If you’re worried about a conviction affecting employment or housing, the question isn’t “how long does it stay?” — it’s “is it eligible to be sealed, and when?” Sealing is the legal mechanism that actually changes what shows up on most background checks.
The Short Answer
Most convictions remain on your record unless and until they are sealed (when eligible).
What People Mean by “My Record”
When people ask how long something stays on their record, they may be referring to:
- Court records — the case file in the court system, which generally remains accessible to the public
- Criminal history records — the database used for official background checks (run by the Arkansas State Police and FBI)
- Private background-check databases — third-party services that aggregate data and may store old information indefinitely
Sealing is usually the key tool that changes what most employers, landlords, and licensing boards can see through ordinary background checks.
What Sealing Does (and Doesn’t) Do
Arkansas record sealing is governed primarily by the Comprehensive Criminal Record Sealing Act of 2013 (§ 16-90-1401 et seq.). Sealing can, in many situations:
- Limit public visibility of the case
- Change how the offense appears on most background checks
- Allow you to legally answer “no” to certain questions about prior convictions (with some exceptions, particularly for licensing applications and law enforcement)
But sealing has important limits:
- It is not automatic — you (or your attorney) must petition for it
- Not every offense is eligible
- It does not necessarily remove information from every private database immediately. Private background-check companies may have outdated data until they update their records
- Certain government agencies, courts, and law enforcement still have access to sealed records
- Federal firearm restrictions (under 18 U.S.C. § 922(g)) may persist even after a state-level sealing
When Can a Conviction Be Sealed?
Eligibility depends on the offense and the person’s history. Timing can depend on:
- Completion of the sentence (including probation or parole)
- Payment of fines, fees, and restitution
- Whether there are other pending cases or convictions
- The category of offense (misdemeanor vs. felony, violent vs. non-violent, sex offense vs. other)
- Statutory waiting periods, which vary by offense
Some offenses are categorically excluded from sealing — including certain violent felonies, sex offenses requiring registration, and certain Class Y felonies. Other offenses, like DWIs, can be sealed once the relevant statutory waiting period has passed.
In other words, “time passing” is usually not the whole story. Compliance with the conditions of your sentence and the specific statutory eligibility rules determine what can be done.
What About Cases That Didn’t Result in a Conviction?
Cases that did not result in conviction — including arrests where no charges were filed, dismissals, nol-prossed cases, and acquittals — are often eligible for sealing on more favorable terms than convictions. Many such cases can be sealed quickly through proper petition.
However, even non-conviction outcomes do not automatically disappear from background checks. The arrest record may persist until the case is properly sealed.
Common Misunderstandings
- “It falls off after 7 years.” Criminal convictions generally do not work that way. The 7-year rule comes from the federal Fair Credit Reporting Act and applies to certain consumer reports — not to court records or criminal history databases.
- “A misdemeanor doesn’t matter.” Many employers, landlords, and licensing boards still see and care about misdemeanors — particularly in fields involving children, healthcare, finance, and security.
- “If it was dismissed, it won’t show.” Dismissals can still appear in some record systems unless properly sealed. The arrest record itself may persist even after the charges are dropped.
- “My case was expunged years ago, so I’m fine.” Arkansas now uses “sealing” rather than the older “expungement” terminology, and the rules have changed over the years. What worked under prior law may need updating.
- “It’s been long enough — they can’t see it anymore.” Time alone does not seal a record. Without an order from the court, the record stays.
The Bottom Line
In Arkansas, most convictions do not disappear from your record on their own over time. Unless a case becomes eligible for record sealing and that process is completed, it can continue to appear in background checks indefinitely.
Understanding sealing eligibility — and when it may apply — is usually the key to limiting how long a conviction affects employment, housing, professional licensing, and peace of mind.
Trying to Clean Up Your Record?
The right question isn’t “how long does it stay” — it’s “is it eligible to be sealed, and when?” An attorney can review your specific record and identify what can be cleaned up now and what can be addressed later.
This post is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Wesley Rhodes, Attorney at Law. Laws and procedures change; the information above reflects Arkansas law as of the date of publication. If you need legal advice about your specific situation, consult a qualified criminal defense attorney promptly.