Arkansas Pardon & Record Sealing
Old charges and convictions can follow you for years—background checks, job applications, housing, professional licensing, and even routine traffic stops. In Arkansas, there are two common paths people ask about: sealing a record through the courts, and seeking a pardon through executive clemency.
Record sealing is governed by Arkansas’s Comprehensive Criminal Record Sealing Act of 2013, found at A.C.A. §§ 16-90-1401 through 16-90-1419. Sealing doesn’t erase history, but it generally removes eligible records from public view, meaning they are typically inaccessible to the general public. After a record is sealed, a person can generally state they have not been convicted of the sealed offense, with certain legal exceptions.
Eligibility depends on the type of case. Many misdemeanors and many non-violent felonies—including most Class C and Class D felonies, and some Class B felonies—may be eligible. Arrests that did not result in a conviction may also be eligible. Some offenses are excluded, including serious violent felonies, Class Y felonies, and sex offenses involving minors.
Timing matters. In many cases, a petition to seal can be filed after the sentence is fully completed—meaning jail or prison, probation or parole, and payment of fines and court costs. Some offenses have longer waiting periods. For example, certain violent Class C or D felonies require a five-year waiting period, and some misdemeanors—like DWI—may require a ten-year wait.
The procedure is document-driven: a petition to seal is filed in the court where the conviction occurred, and the court reviews eligibility and any objections. As of 2019, Arkansas generally does not charge a filing fee for a petition to seal.
Separately, a pardon is not the same as sealing. A pardon is executive clemency granted by the Governor. The process typically requires completion of the full sentence, including probation or parole, and a showing of rehabilitation.
Applicants submit a detailed executive clemency application to the Arkansas Parole Board, including conviction information, supporting records, and a personal statement, and the application must be notarized. The Parole Board investigates, may hold a hearing, and then makes a recommendation to the Governor, who makes the final decision. If the Governor intends to grant clemency, a public comment period is generally opened.
Because eligibility rules are technical and the consequences are significant, the first step is usually identifying which records exist, what statute applies, and whether sealing, a pardon, or both are realistic options.
Record sealing and pardons can meaningfully change what appears in public background checks and how you move forward. If you want to know whether you qualify to seal an Arkansas record or pursue executive clemency, contact us to speak with an attorney.
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