Arkansas’s First Offender Act — commonly called Act 346 — lets a judge place a first-time offender on probation without entering a judgment of guilt. Complete the probation, and the case is dismissed and, for most offenses, sealed. For the right defendant in the right case, it can be the difference between a clean record and a permanent felony.
Act 346 is codified at Ark. Code § 16-93-303. It is available only to people who have never been convicted of a felony — and only once in a lifetime.
Important
Act 346 is not automatic and is not a right. The statute says it does not “require or compel” any Arkansas court to establish first-offender procedures, and it applies only to a guilty or no-contest plea entered before an adjudication of guilt. The decision has to be made before you plead — going to trial gives up the option.
How Act 346 Works
You enter a plea of guilty or nolo contendere (no contest) to a misdemeanor or felony. With your consent, the court defers further proceedings “without making a finding of guilt or entering a judgment of guilt” and places you on probation for at least one year. The court can also impose a fine of up to $3,500 and court costs without taking away the Act’s benefits.
If you complete probation, the statute requires the court to:
- discharge you without an adjudication of guilt,
- dismiss the case, and
- seal the record, if the offense is eligible under the Comprehensive Criminal Record Sealing Act of 2013.
The result is a case resolved without a criminal conviction on your record. While you are on probation, the Arkansas Crime Information Center reports the case as pending — not as a finding of guilt (§ 16-93-304(d)).
Who Is Eligible for Act 346?
No Prior Felony Conviction
The Act is limited to defendants who have never been convicted of a felony. Prior misdemeanors don’t disqualify you on their own.
Only Once
A person can use the Act only one time. The court must check with the Arkansas Crime Information Center before granting it, and falsely swearing that you’ve never used it is a Class D felony.
A Plea, Not a Trial
The Act applies to a guilty or no-contest plea entered before an adjudication of guilt. It isn’t available after a guilty verdict at trial.
The Judge Decides
The statute requires your consent, not the prosecutor’s. But the decision belongs to the judge, the prosecutor’s position often carries weight, and practice varies from court to court.
Not for DWI
A DWI can’t be resolved with First Offender Act probation (§ 5-65-108).
Some Offenses Can’t Be Sealed
Offenses requiring sex offender registration, public sexual indecency, indecent exposure, bestiality, exposing another person to HIV, and felonies involving violence can’t be sealed under the Act.
Ark. Code §§ 16-93-302, -303, -304; § 5-65-108.
Act 346 vs. Act 531: A Critical Distinction
Arkansas has a second sealing path for people sentenced to probation, often called Act 531 after the 1993 law that created it (now Ark. Code § 16-93-1207). The two are easy to confuse, but they work very differently:
| Feature | Act 346 (First Offender Act) | Act 531 (Community Correction) |
|---|---|---|
| Judgment of guilt | Never entered if you complete probation | Entered — it is a conviction |
| Prior record | No previous felony conviction, and no prior use of the Act | Up to one previous felony conviction, excluding certain serious offenses |
| Sealing | The court must seal the record when it dismisses the case, if the offense is eligible | The court may seal the record after you complete the sentence — it’s discretionary |
| State firearm rights (felony) | Lost during probation; the felon-in-possession rule no longer applies once the case is dismissed and sealed | Not restored by sealing — the conviction still bars possession unless a pardon or the Governor restores gun rights |
Ark. Code §§ 16-93-302, -303, 16-93-1207, 5-73-103(b). An Act 531 sealed conviction still counts as a prior conviction if you seek Act 531 sealing again (§ 16-93-1207(b)(2)).
When both are on the table, Act 346 is usually the better outcome, because a judgment of guilt is never entered.
Is Act 346 the Same as Having the Charge Dismissed?
Not at first. The dismissal comes only at the end. Until then, you still have to:
- enter a plea of guilty or nolo contendere,
- comply with every probation condition,
- pay any ordered fines, costs, or restitution,
- complete any treatment, classes, or community service the court orders, and
- complete a vocational, technical, or educational program if the court finds that a lack of employable skills contributes to your being unemployed — and then keep working for the rest of probation or three years, whichever comes first (§ 16-93-303(f)).
Until probation is complete, the case stays open and under the court’s supervision.
What Happens If You Violate Act 346 Probation?
If you violate a term or condition — including by committing a new offense — the court “may enter an adjudication of guilt and proceed as otherwise provided.” That means a conviction on the original charge and any sentence within its range, on top of whatever happens with a new charge. See probation revocations and what happens if you violate probation.
What would have ended without a conviction now stays on your record — and because the Act can be used only once, the protection is gone for good. Compliance matters more under Act 346 than under almost any other probation.
Sealing and Background Checks
During probation, the case appears on criminal history checks as pending. After you complete probation, the court dismisses the case and, if the offense is eligible, seals the record. A sealed record is hidden from public view, so most private employers won’t see it, but it remains available to courts, prosecutors, and certain agencies. See how long a conviction stays on your record.
Important Limitations Even After Dismissal
A successful Act 346 disposition is powerful, but the statute keeps the case alive for several purposes:
Habitual Offender Status
If you’re charged again, the case can count toward habitual-offender enhancements.
Criminal History and Sentencing
It still counts in criminal history, criminal history scores, and sentencing on a future case.
Witness Impeachment
It can be used to impeach you as a witness under Arkansas Rule of Evidence 609.
Immigration
Federal immigration law treats a guilty or no-contest plea plus probation as a conviction, whatever happens in state court (8 U.S.C. § 1101(a)(48)(A)). Non-citizens should talk to an immigration lawyer before any plea.
Licensing and Federal Background Checks
Some licensing boards and federal background investigations ask about charges and pleas, not just convictions. See will I lose my job or rights?
No Second Chance
Because the Act can be used only once, using it on a minor case means it won’t be available for a more serious one later.
Ark. Code § 16-93-303(c)–(d) lists habitual offender status, criminal history, criminal history scores, sentencing, and Rule 609 impeachment as exceptions, both during probation and after completion.
How Act 346 May Affect Firearms Rights
Act 346 can matter a great deal when firearms rights are a concern, but the timing is critical.
While on probation: on a felony, the law treats you as having a felony conviction for purposes of firearm-possession laws until the case is dismissed (§ 16-93-303(c)). Possessing a gun during that time isn’t just a probation violation — it can be a new felony charge. See gun and weapons charges.
After successful completion: Arkansas’s felon-in-possession statute does not apply to a person whose case was dismissed and expunged under the First Offender Act (§ 5-73-103(b)(2)). However, federal firearm law operates separately. Anyone whose gun rights matter should get advice on both state and federal law before relying on a sealed Act 346 case.
Bottom Line
Act 346 can give a first-time offender a way to resolve a case without a permanent conviction, but it takes careful navigation. It has to be built into the plea, the judge has to approve it, you can use it only once, and the probation conditions are real.
For the right defendant in the right case, it is one of the most valuable outcomes Arkansas law offers. For the wrong case, it can mean accepting probation for an outcome that was never really available — or ending up with a permanent conviction after a revocation.
Related Reading
Wondering If Act 346 Applies to Your Case?
The decision has to be made before any plea is entered, and the trade-offs aren’t always obvious. Let’s look at your record, the charge, and whether Act 346 is realistic.
This blog 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. If you need legal advice about your specific situation, you should consult with a qualified criminal defense attorney.
Updated October 19, 2026