Arkansas Motion to Seal Records and Documents

State:
Multi-State
Control #:
US-03331BG
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Word; 
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

To apply for sealing of records in Arkansas, an individual must file a Petition and Order to Seal in the circuit or district court in the county where the crime and conviction occurred. The Arkansas Department of Public Safety provides petition forms on its website. There's no fee to file.

The Clean Slate Expungement Provision can be found in Arkansas Code Annotated §16-93-314 as of 2011. Before that, it was basically the same statute enacted in 1975 found in §5-4-311.

Act 1460 of 2013 established The Comprehensive Criminal Record Sealing Act. The purpose of Act 1460 is to amend, consolidate, clarify, and simplify the process for sealing a person's criminal record under certain circumstances. Act 1460 is codified at A.C.A. §§ 16-90-1401 - 1419.

Once your record is sealed in Arkansas, the records are not accessible unless allowed by law. You can legally state that the offense did not happen and that a record does not exist.

To be eligible for sealing of a criminal record in Arkansas, you must have completed all of the terms of your sentence, including any probation or parole requirements. Additionally, a certain amount of time must have passed since the completion of the sentence, depending on the type of offense.

In some cases, you can ask the court to seal your criminal record from public view. This used to be called expungement. It is now called Petition and Order to Seal. Your records won't be physically destroyed, but they will be sealed and treated as confidential.

The Difference Between Sealing And Expunging Criminal Records In Arkansas. In Arkansas. criminal records are sealed when all or some information contained in the document is restricted from public access. However, expungement means that the documents are destroyed rather than restricted.

File a uniform Petition to Seal in the Circuit or District Court where you were sentenced. These forms are at the forms tab ACIC. Use the form that fits your case and prepare the petition and order. Only file the petition.

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Arkansas Motion to Seal Records and Documents