If you are facing a felony charge in Arkansas, one of the most important — and most misunderstood — questions is how much time you will actually serve.
Most people focus on the sentence length itself. In reality, sometimes the more important issue is how much of that sentence must be served before you are eligible for release.
Arkansas law uses multiple parole eligibility systems, and which one applies depends heavily on when the offense was committed and what charge you are facing.
Step One: The Offense Date Matters
The first question in any Arkansas parole analysis is the offense date.
That is because Arkansas law changed significantly with the passage of the Protect Arkansas Act. For offenses committed on or after January 1, 2025, a new system applies.
For older cases, different rules — including the well-known 70% law — may still apply.
Two people with the same charge can serve very different amounts of time depending solely on when the offense occurred.
The New System: 100%, 85%, 50%, and 25% Felonies
For offenses committed on or after January 1, 2025, Arkansas generally places felonies into four categories:
1. Parole-Ineligible (100% Time Served)
Some offenses are not eligible for parole at all. This means the person must serve the entire sentence.
These typically include the most serious offenses and certain repeat offender situations.
In these cases, the sentence imposed is effectively the sentence served.
2. 85% Felonies (Restricted Release)
One of the most significant recent changes is the creation of restricted release felonies.
For these offenses, a person must serve 85% of the sentence before becoming eligible for release.
This is a major shift in Arkansas sentencing law and results in substantially more time being served compared to older cases.
These offenses are identified by statute and include serious felony conduct.
3. 50% Felonies
If an offense is not parole-ineligible and not an 85% felony, it may fall into the 50% category.
In these cases, a person becomes eligible for release after serving one-half of the sentence, subject to any applicable good time rules.
4. 25% Felonies
Some offenses fall into the most favorable category, allowing eligibility after 25% of the sentence.
These are generally lower-level felony offenses and are specifically identified under Arkansas law and Sentencing Commission rules.
Good Time Credit
Arkansas allows inmates to earn “good time” credit in certain cases, which can reduce the time served before release eligibility.
However, good time does not apply equally across all categories:
- It may significantly reduce time in 25% and 50% cases
- It is often limited in 85% cases
- It may not apply at all in parole-ineligible cases
This is one of the most common sources of confusion when people try to estimate how much time they will actually serve.
The Older System: 70% and Other Rules Still Matter
For offenses committed before the current law took effect — and in certain situations even after — Arkansas still applies older parole eligibility rules.
The most well-known of these is the 70% rule, which requires a person to serve 70% of the sentence before eligibility.
This applies to specific serious offenses such as:
In addition, Arkansas law includes separate provisions that can require 100% of a sentence to be served for certain repeat violent or sexual offenders.
These rules can apply independently of the newer 85% framework.
Why the Exact Charge Matters
Parole eligibility is not based on general categories like “violent” or “non-violent.” It is based on specific statutory classifications.
That means two charges that sound similar can have very different outcomes:
- One may be a 25% offense
- Another may require 50%
- Another may require 85%
- Another may require 100%
The difference between those categories can mean years of actual time served.
Criminal History Also Plays a Role
A person’s criminal history can also affect how much time is served.
Habitual offender laws and other enhancements may:
- Increase the total sentence
- Trigger stricter eligibility rules
- Limit available release options
Even when parole is technically available, these factors can significantly change the real outcome.
Parole Eligibility Does Not Mean Release
It is important to understand that parole eligibility does not guarantee release.
It simply means that a person becomes eligible to be considered for release by the parole board.
The board may still deny release based on the circumstances of the offense and the individual’s history.
Why This Matters Early in a Case
Parole eligibility is one of the most important — and most overlooked — parts of a felony case.
It affects how much time a person may actually serve and can dramatically change how a case should be evaluated.
If you are facing a felony charge in Arkansas, it is critical to understand not just the potential sentence, but how parole eligibility will affect your actual time in custody.
Contact Rhodes Criminal Law to discuss your case and get a clear understanding of your potential sentencing exposure.
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.