Arkansas Expungement Laws: How to Seal Your Record (A.C.A. § 16-90-1401)

Arkansas does not use the term "expungement" in its primary statute. Instead, the state seals criminal records under the Comprehensive Criminal Record Sealing Act of 2013, codified at A.C.A. § 16-90-1401 et seq., which was significantly expanded by Act 680 of 2019 and Act 341 of 2021.

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers Arkansas state-level record sealing under A.C.A. § 16-90-1401. Laws differ in every state. See our guide to Expungement Laws by State for a national overview.

What Arkansas Calls "Expungement": Record Sealing Under A.C.A. § 16-90-1401

Arkansas does not have a statute labeled "expungement" for most adult convictions. When Arkansas residents search for how to clear their record, the correct legal process is sealing under the Comprehensive Criminal Record Sealing Act of 2013, enacted as Act 1460, codified starting at A.C.A. § 16-90-1401. The 2013 Act replaced a patchwork of older provisions and created a uniform petition-based process. Act 680 of 2019 removed the prior 60-day waiting period for misdemeanors, striking "sixty (60) days" from § 16-90-1405(a) and making a person eligible to petition immediately after sentence completion, and it eliminated all filing fees. Act 341 of 2021 removed the prior 5-year waiting period for non-violent felonies, repealed the prior-prison-service disqualification, gave prosecutors a 30-day window to oppose felony petitions, and removed the rule that a court could not seal an eligible felony conviction without a hearing. The 30-day objection window for misdemeanor petitions is older; it dates to the original 2013 Act at § 16-90-1413(b)(2)(A). Under § 16-90-1417, a sealed conviction "shall be deemed as a matter of law never to have occurred," and a person may state that the conduct did not occur. Separate older pathways still exist for first offenders under Act 346 of 1975, drug court participants under A.C.A. § 16-98-303, and veterans treatment court under A.C.A. § 16-101-106.

Misdemeanor Sealing in Arkansas

Most Arkansas misdemeanor convictions are eligible for sealing after the person completes the full sentence and satisfies all monetary obligations. Under § 16-90-1405(a) as amended by Act 680 of 2019, a person may file a petition immediately after completing the sentence, including full payment of restitution, court costs, and any driver's license reinstatement fees. Under § 16-90-1404(1), "completion of sentence" includes satisfaction of all monetary obligations unless the sentencing court has excused them. DWI and BWI convictions have a separate petition form provided by ACIC but follow the same statutory framework. For misdemeanors, the court shall seal the record unless the prosecutor presents clear and convincing evidence against sealing under § 16-90-1415(a). If the prosecutor does not file a written objection within 30 days of service, the court may grant the petition without a hearing. The no-filing-fee rule under § 16-90-1419 applies to all petitions under the Act.

Felony Sealing: Eligibility and Waiting Periods

Arkansas permits sealing of certain felony convictions, but the eligibility rules are narrower than for misdemeanors. Under A.C.A. § 16-90-1406(a) as amended by Act 341 of 2021, non-violent Class C and D felonies carry no statutory waiting period; a person may petition immediately upon completing the sentence. Violent Class C and D felonies require a 5-year waiting period running from the date the person fully completes the sentence, including any supervision and all monetary obligations. Drug possession and certain drug felonies under § 16-90-1407 may qualify for immediate sealing upon completion. The Act limits relief to one prior felony conviction, but offenses arising from the same criminal episode count as a single conviction for this purpose. The court's standard for felonies is discretionary: the court may seal if clear and convincing evidence shows sealing would further the interests of justice, considering the likelihood of recidivism, overall criminal history, pending charges, and any victim input under § 16-90-1415(b)-(c).

Offenses That Cannot Be Sealed in Arkansas

Arkansas maintains a long exclusion list that blocks sealing regardless of how much time has passed. Class Y felonies (the most serious classification, covering offenses like capital murder and rape) are categorically excluded. Class A and Class B felonies are excluded except for Class A and B drug felonies, which may qualify. Violent felonies and sexual felonies are excluded. The 10-year rule is narrower than it is often described: under § 16-90-1408(a)(3), an offense is excluded on that ground only if it is an unclassified felony whose maximum sentence of imprisonment is more than 10 years. It is not a general bar on every offense carrying a maximum above 10 years. Felonies involving a commercial driver's license-related motor vehicle offense are also excluded. Because the exclusion list is written into A.C.A. § 16-90-1408 and is subject to legislative revision, a person should verify current eligibility by reviewing the statute directly or consulting an Arkansas attorney before filing. Non-conviction records such as dismissals, acquittals, nolle prosequi entries, and arrest records with no conviction are treated more favorably: under § 16-90-1415(d), the court shall grant the petition unless the state shows by a preponderance of the evidence that sealing would place the public at risk or would not further the interests of justice. The burden sits with the state, not the petitioner.

How to File a Petition to Seal Your Record in Arkansas

Petitions to seal are filed with the circuit court that entered the original judgment. ACIC publishes separate petition and order forms for felonies, misdemeanors, DWI/BWI convictions, drug possession, first offenders, nolle prosequi and dismissals, arrest records, pardoned offenders, drug court, and veterans court. The petitioner completes the applicable form, files it with the court clerk, and serves a copy on the prosecuting attorney. The prosecutor has 30 days to file a notice of opposition under § 16-90-1413(b), for both misdemeanor and felony petitions. If no objection is filed, the court may grant the petition without holding a hearing for misdemeanor cases. There is no filing fee under § 16-90-1419. Once a judge signs the uniform Order to Seal, the court clerk certifies copies of the order to the prosecuting attorney, the arresting agency, and ACIC under § 16-90-1413(d). The subchapter does not set a deadline for ACIC to update its records, so how quickly the sealing appears in state records varies. Individuals who need help determining the correct form can contact Arkansas Legal Aid at 1-800-952-9243.

What Sealing Does and Does Not Do in Arkansas

Once a record is sealed under A.C.A. § 16-90-1401, the conviction is treated by law as though it never occurred. The person may lawfully state in employment applications and most civil proceedings that the conduct did not happen and that no sealed record exists. Most state licensing agencies may not use a sealed conviction as a basis for denial, but the Act writes in two express exceptions that matter to anyone entering a regulated field. Under § 16-90-1416(a)(5), the custodian of a sealed record may release it to a state agency or board engaged in the licensing of healthcare professionals, and § 16-90-1417(b)(2)(E) lets that board rely on the conviction despite the general rule that sealed conduct is deemed never to have occurred. Under § 16-90-1416(a)(7) and § 16-90-1417(b)(2)(G), the same is true for the Arkansas Commission on Law Enforcement Standards and Training when it decides certification or eligibility to act as a law enforcement officer. However, sealing produces other important limitations. It does NOT automatically restore firearm rights, which require separate relief. A sealed felony conviction may still be used to enhance the sentence for a later felony offense. Federal background checks for federal employment or federally regulated firearms transactions operate under federal law and are not controlled by the Arkansas sealing order. Pardons interact separately with sealing: under § 16-90-1411, most pardoned convictions are sealed automatically, except offenses involving a victim under 18, sex offenses, or offenses resulting in death or serious physical injury.

Disclaimer: This article provides general legal information about Arkansas record sealing under A.C.A. § 16-90-1401 et seq., verified against official sources as of May 29, 2026. It is not legal advice. Arkansas record sealing law is complex, and eligibility depends on the specific offense, sentence history, and current statute text. Consult a licensed Arkansas attorney before filing a petition.

Related Articles

• Expungement Laws by State
• DUI Expungement by State
• How to Check If Your Record Has Been Expunged

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RecordingLaw.com provides general legal information, not legal advice. Laws change frequently. Verify current statute text at arkleg.state.ar.us before relying on any information here.

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