Sealing a Criminal Conviction in Arkansas
In Arkansas, it is possible to have many criminal cases sealed — a process historically called “expungement.” When a record is sealed, it is removed from public view and treated as confidential for most purposes, though the underlying records are not physically destroyed and may still be accessed by courts and law enforcement.
Record sealing in Arkansas is governed primarily by the Comprehensive Criminal Record Sealing Act of 2013 (Ark. Code § 16-90-1401 et seq.) and related statutes including the First Offender Act (Act 346) and Act 531.
At Wesley Rhodes, Attorney at Law, we help individuals determine whether they qualify for record sealing and guide them through the process so they can move forward without the ongoing consequences of a criminal record.
Sealing Is Not Automatic
No record is sealed automatically based on the passage of time. Even when an offense is eligible, you must petition the court — file the right paperwork in the right court, with the right supporting documents, and meet every statutory requirement. Most denials happen because of procedural errors, not because the petitioner was ineligible.
Eligibility at a Glance
Eligibility depends on the offense, its classification, and your overall record. The table below shows the general waiting periods — but specific cases can require more or less depending on the exact statute involved.
| Offense Type | General Sealing Eligibility |
|---|---|
| Most misdemeanors | Eligible after completion of sentence (no waiting period) |
| Specific listed misdemeanors* | 5 years after completion of sentence |
| Misdemeanor DWI (1st, 2nd, or 3rd offense) | 10 years after completion of sentence |
| Most non-violent felonies | Eligible upon completion of sentence (per § 16-90-1406) |
| Violent Class C or D felonies | 5 years after completion of sentence |
| First-time non-violent offenses (under Act 346) | Sealed and dismissed upon successful completion of probation |
| Serious violent felonies, sex offenses requiring registration, certain other excluded offenses | Generally not eligible for sealing |
*Listed misdemeanors with 5-year waiting period commonly include negligent homicide, third-degree battery, indecent exposure, public sexual indecency, fourth-degree sexual assault, and certain domestic offenses.
Three Pathways to a Sealed Record
Arkansas law provides three main routes to sealing a criminal record. The right path depends on the offense, your prior history, and where you are in the case timeline.
Pathway 1
Direct Sealing Petition
Standard sealing petition under the Comprehensive Criminal Record Sealing Act. Available after sentence completion (and any applicable waiting period) for most non-excluded offenses.
Pathway 2
Act 346 — First Offender Act
For first-time offenders. The case is sealed and dismissed upon successful completion of probation — no conviction is ever entered. Decided at the plea stage.
Pathway 3
Act 531
For individuals who don’t qualify under Act 346 — including those with prior felony convictions or who served jail/prison time. A conviction is entered, then sealed after completion of sentence.
Pathway 1: Direct Sealing Petition
Most Arkansans who seal their record do so through a standard sealing petition under § 16-90-1406. This applies to people who have already been convicted (or whose case has already been resolved) and are now seeking to clean up the record.
Felony Sealing
Many people are surprised to learn that most non-violent eligible felonies can be petitioned for sealing immediately upon completion of the sentence — there is no general 5-year wait. The 5-year waiting period applies specifically to:
- Violent Class C or Class D felonies
- Certain other listed offenses
Felony convictions are not eligible for sealing if they involve:
- A serious violent felony
- An offense that requires sex offender registration
- An unclassified felony with a maximum punishment over 10 years
- Specific offenses Arkansas law expressly excludes from sealing
Misdemeanor Sealing
Most misdemeanor convictions can be sealed once all fines are paid and conditions of the sentence are completed. However, certain misdemeanors require a 5-year waiting period after completion of sentence, including:
- Negligent homicide
- Third-degree battery
- Indecent exposure
- Public sexual indecency
- Fourth-degree sexual assault
- Certain domestic offenses
Pathway 2: The First Offender Act (Act 346)
Act 346, commonly known as the First Offender Act, allows certain individuals to avoid a permanent conviction when charged with qualifying offenses.
Act 346 differs from a standard sealing petition in a critical way: with Act 346, no conviction is ever entered. The case is dismissed and sealed upon successful completion of probation. Key features:
- Eligibility: The individual must not have a prior felony conviction. Excluded offenses include serious violent felonies, sex offenses requiring registration, public sexual indecency, indecent exposure, and bestiality.
- Probation period: Minimum of one year, but may be longer depending on the case.
- Dismissal: If probation is successfully completed, the court dismisses the case without entering a conviction.
- Violations: If probation is violated, the court may revoke first-offender status and impose a conviction — but only after finding the violation was willful.
- Limitations: Even when charges are dismissed, disclosure may still be required in limited circumstances — certain licensing applications, law enforcement employment, and Rule 609 impeachment if the person testifies in a future proceeding.
Act 346 must be requested at the plea stage. It cannot be applied retroactively to a case where conviction has already been entered. This is why early legal counsel matters — once you’ve pled guilty without invoking Act 346, you’ve lost the option.
Pathway 3: Act 531
Certain cases may also be eligible for sealing under Act 531, which differs from Act 346 in several important ways:
- Act 531 may be available to individuals with a prior felony conviction
- A conviction is entered before sealing eligibility (unlike Act 346)
- Jail or prison sentences do not automatically disqualify eligibility
- Sealing occurs after completion of the sentence and any applicable waiting period
While Acts 346 and 531 share similarities, the legal consequences and timing differ significantly. Act 346 is generally more favorable when available, since no conviction enters in the first place.
The Sealing Process Step-by-Step
1. Determine Eligibility
Review the specific statute governing the offense, the classification of the charge, prior criminal history, and whether all sentence requirements are complete.
2. Gather Required Documents
Court records, sentencing orders, and proof of completion of probation, parole, fines, and fees.
3. File a Petition to Seal
The petition must be filed in the court where the case was handled. It identifies the offense, case number, and the legal basis for sealing under Arkansas law.
4. Court Review and Possible Hearing
Some petitions are decided without a hearing. In other cases — particularly when the prosecutor objects — the court may schedule a hearing to consider whether sealing is appropriate. Misdemeanor objections must generally be filed within 30 days; felony objections within 90 days.
5. Court Decision and Order
If granted, the court issues a uniform order to seal, which is sent to the prosecutor’s office, the arresting agency, the Arkansas Crime Information Center (ACIC), and the Administrative Office of the Courts. If denied, the court may specify when the petitioner may reapply.
What Sealing Does — and What It Doesn’t Do
A sealing order can dramatically improve your life, but it has limits worth understanding clearly.
What Sealing Does
- Removes the case from public view in most ordinary background checks
- Allows you to legally answer “no” to questions about prior convictions in most circumstances
- Restores most civil rights affected by the conviction
- Provides a meaningful new start for employment, housing, and licensing applications
What Sealing Doesn’t Do
- Records are not physically destroyed — courts and law enforcement still have access
- Certain licensing boards (medical, legal, law enforcement, education) and certain government employers may still see sealed records
- Sealed convictions may still be used for Rule 609 impeachment if you testify in a future trial
- Federal firearm prohibitions under 18 U.S.C. § 922(g) may persist even after state sealing
- Private background-check databases may have outdated information until they update their records
- Immigration consequences for non-citizens are not necessarily eliminated
Why You Should Work With an Attorney
Record sealing is a procedure that rewards precision and punishes mistakes. The most common reasons sealing petitions fail are:
- Filing under the wrong statute
- Missing or insufficient supporting documentation
- Filing before all sentence requirements (including fees and restitution) are completed
- Failing to address prosecutor objections properly
- Not understanding which offenses are eligible vs. excluded
An experienced attorney can review your complete record, identify every offense potentially eligible for sealing, file under the correct statute, marshal the right documentation, and advocate for sealing if the prosecutor objects. In many cases, this is the difference between a record that’s cleared and one that follows you for the rest of your life.
Ready to Clean Up Your Record?
Sealing can dramatically improve your employment, housing, and professional licensing opportunities — but eligibility rules are technical and unforgiving. We’ll review your complete record and identify every conviction potentially eligible for sealing.
Or call 501-301-4591 to discuss your situation confidentially.