Sealing A Criminal Conviction In Arkansas
An Arkansas criminal record can sometimes be sealed after you finish your sentence, or after a case ends without a conviction. The rules are different for misdemeanors, felonies, dismissed charges, and first-offender or specialty-court cases. Importantly, some nonviolent felonies committed before age 18 can qualify even when the offense is a Class A or B felony, and a newer specialty-court law removes the ordinary limit on previous felony convictions for qualifying participants.
Sealing generally removes the record from public access; it does not destroy it or automatically restore every legal right. At Wesley Rhodes, Attorney at Law, Little Rock criminal defense attorney Wesley Rhodes helps people in Central Arkansas determine which statute applies, prepare the petition, and address objections. He has practiced criminal defense since 2016. See also how long a criminal conviction stays on your record.
Different Legal Pathways
A conviction, dismissal, Act 346 disposition, and specialty-court completion do not follow the same rules.
Felony Class Is Not Everything
Age at the offense, the statutory exclusions, and your prior record can change eligibility.
Sealing Has Limits
Certain agencies can still access the record, and gun rights and voting rights require separate analysis.
Before You File
Get the actual judgment or dismissal order, your full Arkansas criminal history, and proof that the sentence is complete. A charge’s original label may differ from the offense of conviction, and a previous felony can count even if it was already sealed. If your case is still pending, ask about Act 346 and other disposition options before a judgment of guilt is entered; some alternatives cannot be added later.
Arkansas Record Sealing Eligibility At A Glance
The Comprehensive Criminal Record Sealing Act of 2013, Ark. Code § 16-90-1401 et seq., provides the ordinary routes. This table shows when a petition can be considered, not a guarantee that a judge will grant it.
| Type Of Record | When Sealing May Be Available |
|---|---|
| Most misdemeanors and violations Ark. Code § 16-90-1405 |
Immediately after completing the sentence, paying restitution and court costs, and meeting applicable driver’s-license reinstatement requirements. |
| Six specified misdemeanors | Five years after sentence completion for Class A misdemeanor negligent homicide, third-degree battery, indecent exposure, public sexual indecency, fourth-degree sexual assault, and third-degree domestic battering. |
| DWI or BWI conviction Ark. Code §§ 16-90-1405, -1406 |
A petition must wait until the applicable statutory lookback period in § 5-65-111 has passed. The precise offense and history matter. |
| Eligible nonviolent Class C or D felony; Class A or B controlled-substance felony; or eligible unclassified felony Ark. Code § 16-90-1406(a) |
Immediately after completing the sentence, subject to § 16-90-1408 exclusions and the ordinary limit of no more than one previous felony conviction. |
| Nonviolent felony committed before age 18 Ark. Code § 16-90-1406(a)(5) |
A separate route after completing the sentence. It can reach some non-drug Class A or B felonies otherwise excluded by class, but other § 16-90-1408 exclusions and the prior-felony limit still apply. |
| Violent Class C or D felony | Five years after sentence completion, but only if the particular offense is not excluded by § 16-90-1408, including its list of felonies involving violence. |
| Arrest or case without a conviction Ark. Code §§ 16-90-1409, -1410 |
One year after an arrest with no prosecutor-filed charges; one year after a nolle prosequi order; or without a statutory waiting period after an ordinary dismissal, acquittal, or decision not to file charges. |
Ark. Code §§ 16-90-1405 to -1410. For qualifying felony petitions, § 16-90-1406(c) counts prior felonies committed as part of the same criminal episode as one previous conviction, but a previously sealed felony still counts. Specialty-court completion under § 16-90-1602 has a different prior-conviction rule.
Which Felony Convictions Cannot Be Sealed?
Section 16-90-1408 excludes manslaughter, felony sex offenses, felonies involving violence listed under § 5-4-501(d)(2), and unclassified felonies with a maximum prison term over ten years. Class Y, A, and B felonies are generally excluded except where § 16-90-1406 supplies an eligibility route, such as certain controlled-substance felonies or nonviolent offenses committed before age 18. Certain felony motor-vehicle traffic offenses are separately excluded under subsection (b).
That is why the conviction’s class alone isn’t enough. A Class B offense committed as an adult under an ordinary non-drug statute may be ineligible, while a nonviolent offense of the same class committed before 18 may fit § 16-90-1406(a)(5). A violent or sex-offense exclusion can still defeat the petition. The law addresses adult criminal convictions for conduct committed before age 18; juvenile delinquency records have their own rules.
Ark. Code §§ 16-90-1403, 16-90-1406(a)(3), (5), 16-90-1408. Attempt, solicitation, and conspiracy may qualify under the specific categories in § 16-90-1406(a)(4).
The Different Paths To A Sealed Record
1. Ordinary Conviction Sealing
File under §§ 16-90-1405 or -1406 after the required sentence completion or waiting period. The proof standard differs between misdemeanors and felonies.
2. No Conviction
An uncharged arrest, dismissal, acquittal, prosecutor’s no-file decision, or nolle prosequi may qualify under §§ 16-90-1409 or -1410, with different timing.
3. First Offender Act (Act 346)
An eligible person may receive probation before a judgment of guilt, followed by dismissal and sealing upon successful completion under § 16-93-303.
4. Specialty Court Or Community Correction
A qualifying specialty-court completion, community-correction sentence, or treatment-related possession conviction can have a distinct statutory route.
Ordinary Misdemeanor And Felony Petitions Have Different Burdens
For an eligible misdemeanor or violation, the court shall seal the record unless it finds clear and convincing evidence against sealing. For an ordinary felony petition under § 16-90-1406, the court may grant relief only if clear and convincing evidence shows that sealing furthers the interests of justice. The judge may consider prior criminal history, pending charges, the likelihood of reoffending, victim input when applicable, and potential risks to the public.
A separate procedure in § 16-90-1407 addresses certain felony convictions for possession of a controlled or counterfeit substance. It requires, among other things, probation ordered with court-approved drug treatment, a drug-free condition, and successful completion. Under § 16-90-1415(c), that petition may be granted if sealing is in the interests of the petitioner and the State. See Arkansas drug offense representation.
Ark. Code §§ 16-90-1407, 16-90-1415(a)-(c).
Dismissals, Acquittals, And Charges Never Filed
If the case did not result in a conviction, first identify the precise disposition. Section 16-90-1409 allows an arrest-only petition after one year with no charges filed by the prosecutor. Section 16-90-1410 allows a petition one year after a nolle prosequi order, but does not impose that wait on an ordinary dismissal, acquittal (other than one based on mental disease or defect), or prosecutor’s decision not to file charges. A nolle prosequi is not the same as an acquittal; see what nolle prosequi means in Arkansas.
For these nonconviction petitions, the court shall grant the petition unless the State proves by a preponderance of the evidence that sealing would place the public at risk or would not further the interests of justice. You still need the proper petition and order; dismissal alone does not seal the record. (Ark. Code § 16-90-1415(d).)
Act 346 Must Be Considered Before A Judgment Of Guilt
The First Offender Act, § 16-93-303, allows a court to defer proceedings after an eligible person’s guilty or no-contest plea, with the person’s consent, before adjudicating guilt. The person must have no prior felony conviction, and the judge is not required to offer the program. Probation must ordinarily be imposed for at least one year. Successful completion results in dismissal and an order sealing the eligible record, rather than a judgment of guilt.
Act 346 does not apply to a DWI charge under § 5-65-103, and it excludes sealing for specified sex offenses and felonies involving violence. During probation, firearm restrictions may apply even without a judgment of guilt. A later violation can also lead to adjudication and sentencing. If the court already entered an ordinary conviction, Act 346 generally cannot be added retroactively. See diversion and deferred-disposition options.
Ark. Code §§ 5-65-108(a), 16-93-303(a)-(e).
The New Specialty-Court Route: Act 691 Of 2025
Section 16-90-1602, added by Act 691 of 2025, permits a specialty-court judge to dismiss a case and seal the record after successful program completion if the prosecutor recommends dismissal and sealing and the judge, after reviewing the person’s criminal history, finds that relief appropriate. Sealing can be ordered immediately upon program completion. Unlike ordinary § 16-90-1406 petitions, this route has no numerical limit on previous felony convictions.
This is not an automatic pardon of every prior offense. The new statute follows the general record-sealing framework except for its stated exceptions, and it does not expressly erase all offense-based exclusions. It also prohibits dismissal of a DWI/BWI offense through this provision and requires the applicable lookback period before sealing one. Under specified conditions, a specialty-court judge may also seal a conviction entered by another court if that court agrees and signs the uniform order.
Ark. Code §§ 16-90-1601, 16-90-1602; Act 691 of 2025. Eligibility for admission to a particular specialty court is a separate question from sealing eligibility after completion.
Community Correction, Pardons, And Other Routes
Under § 16-93-1207, the sentencing court may order sealing after successful completion of qualifying probation, a judicial-transfer commitment to community correction, or a covered jail commitment. This route ordinarily allows no more than one previous felony conviction and excludes specified serious prior offenses, even if the prior felony was sealed. The particular sentence and the statute under which it was imposed matter.
There are also separate provisions for qualifying pardoned convictions and certain victims of human trafficking. Pardon-based sealing under § 16-90-1411 has exceptions for offenses involving victims under 18, sex offenses, and offenses causing death or serious injury. These are not substitutes for checking the actual conviction and governing law.
Ark. Code §§ 16-93-1207(b), 16-90-1411, 16-90-1412. See post-conviction representation.
How To File An Arkansas Petition To Seal
A qualifying record is not sealed just because the waiting period ended. The process requires a court order using the correct form. For petitions under the Comprehensive Criminal Record Sealing Act, the steps are:
Confirm The Disposition And Eligibility
Get the judgment, sentencing and discharge documents, any dismissal order, and your criminal-history report. Confirm the exact statute of conviction, offense date, age at the offense, previous felonies, and any applicable exclusion or waiting period.
Prepare The Uniform Petition And Proposed Order
Use the Arkansas Crime Information Center’s applicable forms. The uniform petition includes verified information about pending felony charges and sex-offender registration; the order needs identifying case and arrest-tracking information so agencies can match the record. There is no clerk’s filing fee for a uniform petition under this subchapter.
File In The Proper Court And Serve The Prosecutor
For a conviction, file in the district or circuit court in the county of conviction. An arrest-only petition belongs in the county of arrest; a dismissed or nolle prosequi case is filed with the court that entered the order. A copy of the uniform petition must be served on the prosecutor within three days; serve the arresting agency too if it was named as a party.
Address Any Opposition Or Hearing
For misdemeanor or felony conviction petitions, the prosecutor has 30 days after filing or receipt, whichever is later, to oppose. An objection to an eligible misdemeanor petition generally triggers a hearing unless the prosecutor agrees to a decision on the papers. If an eligible felony petition is opposed, the court must conduct the required hearing before granting it.
Obtain And Confirm The Filed Sealing Order
Only the properly entered uniform order makes sealing effective. The clerk must send certified copies to the relevant agencies, including the arresting agency and the Arkansas Crime Information Center. Keep your own certified copy and follow up if a public court or background-check record does not reflect the order.
Ark. Code §§ 16-90-1409, -1410, -1413, -1414, -1415, -1419. The process may differ under a specialty-court order or another independent sealing statute.
What Sealing Changes – And What It Does Not
Under § 16-90-1417, once the uniform order is entered, the underlying conduct is generally treated as having never occurred as a matter of Arkansas law, and you may generally state that the sealed record does not exist. But that rule has express statutory exceptions. The record is sequestered, not destroyed, and some authorized users can still obtain or use it.
| Sealing Can | Sealing Does Not Automatically |
|---|---|
| Restrict ordinary public access to the Arkansas criminal record. | Destroy the record or prevent legally authorized access by courts, prosecutors, criminal-justice agencies, or specified licensing bodies. |
| Allow you to state in many ordinary settings that the underlying conduct did not occur and the sealed record does not exist. | Prevent use of the record in future criminal proceedings, habitual-offender calculations, authorized impeachment, certain healthcare licensing decisions, or law-enforcement certification. |
| Reduce obstacles caused by a publicly available Arkansas record. | Erase all private data copies, resolve federal immigration consequences, end sex-offender registration, or restore every professional license. |
| Restore some state civil rights unless another law specifically limits the effect. | Restore firearm rights lost because of a felony conviction or replace the separate process for restoring voting eligibility. |
Ark. Code §§ 16-90-1416, -1417; Ark. Const. amend. 51, § 11. See how a conviction can affect employment and other rights.
Firearm Rights Require A Separate Analysis
Ordinary sealing under § 16-90-1417 does not restore the right to carry a firearm lost because of a felony conviction. Section 5-73-103(b)(2), however, separately recognizes cases dismissed and expunged under the First Offender Act, § 16-93-301 et seq., and cases dismissed under the former drug-court provision, § 16-98-303(g). Act 691 of 2025 repealed that drug-court subsection and created the new specialty-court pathway, § 16-90-1602. A new specialty-court sealing order therefore should not be assumed to fall within the old firearm exception without examining the actual disposition and current law.
Other state-law possibilities include a pardon expressly restoring firearms rights or, under § 5-73-103(d), a limited gubernatorial restoration without a pardon on recommendation of the local chief law-enforcement officer, if the underlying offense did not involve a weapon and occurred more than eight years ago. Federal firearm restrictions are separate and may remain even when Arkansas provides state relief. Do not possess or purchase a firearm based only on a sealing order; obtain advice about both state and federal eligibility. See Arkansas firearm-possession restrictions.
Ark. Code §§ 5-73-103(a)-(d), 16-93-303(e), 16-90-1417(a)(3), 16-90-1602; Act 691 of 2025; 18 U.S.C. §§ 921(a)(20), 922(g). The historical drug-court reference in § 5-73-103 remains in the codified text despite repeal of § 16-98-303(g).
Voting Rights And Professional Licensing
Sealing is not the mechanism for restoring voting eligibility after a felony conviction. Arkansas Constitution, Amendment 51, § 11, has a separate process involving discharge from the sentence and required payments and proof for the county clerk. Healthcare licensing boards, law-enforcement certification authorities, and certain other agencies may still be allowed to obtain sealed information. Before answering an application with a legal duty of disclosure, check the statute governing that particular application rather than relying solely on the fact that the record is sealed.
Why Work With Wesley Rhodes On Record Sealing?
Criminal Defense Since 2016
Wesley Rhodes practices criminal defense in Little Rock and Central Arkansas, including post-conviction matters. You communicate directly with your attorney.
A Petition Matched To Your Record
The work starts with the exact judgments, completion dates, and statutory route, followed by the required filings and any response to a prosecutor’s objection.
Related Guides
Post-Conviction And Records
First Offenders And Disposition Options
Want To Find Out If Your Arkansas Record Can Be Sealed?
Schedule a free consultation with Wesley Rhodes to review the disposition, your prior record, the applicable waiting period, and the next steps.
For record-sealing questions in Little Rock, North Little Rock, Conway, Benton, or elsewhere in Central Arkansas, call 501-301-4591 or contact us online to schedule a free consultation.
This page reflects Arkansas law as of October 2026. It is general information, not legal advice about your specific case.