Can You Get a Felony Taken Off Your Record in Arkansas?

Many people believe that once they have a felony conviction, it will follow them for the rest of their lives. While that is true for some offenses, Arkansas law allows certain felony convictions to be sealed under specific circumstances. A sealed record can open doors to better employment opportunities, housing, education, and professional licensing.

Whether you've completed your sentence years ago or are just beginning to explore your options, here are five things every Arkansan should know about felony expungement (record sealing).

#1. "Expungement" and "Record Sealing" are not exactly the same thing.

Most people use the word expungement, but in Arkansas, the legal process is generally called record sealing. When your record is sealed, it is no longer available to the general public. Most employers, landlords, and private background check companies generally cannot see it. However, certain government agencies and law enforcement may still have access under limited circumstances. For most people, sealing a record provides many of the same practical benefits they expect from an expungement.

#2. Not every felony qualifies for record sealing.

One of the biggest misconceptions is that every felony conviction can be sealed. Eligibility depends on several factors, including the type of offense, your criminal history, whether you've completed your sentence, and whether Arkansas law allows that particular conviction to be sealed. Certain violent offenses, sexual offenses, and other serious crimes may not be eligible. Because every case is different, it's important to have an attorney review your record before assuming you do, or do not, qualify.

#3. Sealing your record can create new opportunities.

A felony conviction can affect nearly every aspect of your life long after you've served your sentence.

If your record is eligible to be sealed, you may have an easier time:

• Applying for jobs.

• Renting a home or apartment.

• Qualifying for certain professional licenses.

• Pursuing educational opportunities.

• Moving forward without many of the barriers caused by a public criminal record.

While record sealing doesn't erase the past, it can make a meaningful difference in your future.

#4. It doesn't happen automatically. You must petition the court.

Completing probation, parole, or a prison sentence does not automatically seal your record. In most cases, you must file a petition with the court and meet all legal requirements before a judge can order your record sealed. Depending on your case, the prosecutor may have an opportunity to respond, and the court may schedule a hearing.

PRO TIP: If you were told years ago that your record couldn't be sealed, it may be worth getting a second opinion. Arkansas law has changed over time, and you may now qualify even if you didn't before.

#5. An attorney can help determine whether you're eligible.

Record sealing laws can be complicated, and eligibility often depends on the specific facts of your case. An experienced criminal defense attorney can review your conviction, explain your options, determine whether you qualify, and guide you through the filing process. The sooner you know your options, the sooner you can start taking steps toward a fresh start.

Ready to Find Out if You Qualify?

Here at ARlaw Partners, we help clients navigate criminal charges, understand their legal rights, and explore their legal options. If you're in need of a criminal law attorney, contact ARlaw Partners to schedule a consultation and discuss your case.