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Sealing, uniform petition to seal, or act 346 (first offender) in Arkansas

Can I clear my record in Arkansas?

Arkansas clears records by sealing, which keeps them confidential and treats the conduct as if it never happened, though courts, prosecutors, health care licensing boards and some law enforcement employers can still see them.

Limited automatic clearing

How did your case end?

Pick the one that matches. We'll show the routes Arkansas law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

You file a free uniform petition in the court that handled the case. Most misdemeanors can be sealed as soon as the sentence is complete, nonviolent Class C and D felonies too, and other violent Class C and D felonies after 5 years, but Class Y, A and B felonies (except some drug felonies), manslaughter, felony sex offenses and listed violent felonies cannot be sealed. Arkansas has no Clean Slate law; only pardoned convictions are sealed without a petition.1,2,3,4

Checked October 22, 2026 against 26 sources, starting with Arkansas law, then by a second reader.

What it's called
Sealing, uniform petition to seal, or act 346 (first offender)1,2,3
Automatic clearing
Limited, since January 1, 20148,15,16
DUI or DWI
Sometimes1,7,9
Filing fee
No filing fee1,2,3
Fee waiver
Not confirmed

Sealing

Sealing a misdemeanor or violation conviction

To seal means to expunge, remove, sequester and treat the record as confidential; it does not mean physically destroying the record unless the law requires it (Ark. Code § 16-90-1404). Once the order is entered, the conduct is deemed as a matter of law never to have occurred, you may state that it did not occur and that the record does not exist, and your privileges and rights are restored (§ 16-90-1417(a)(1), (b)(1)). Sealed records can still be released to you, a court, a prosecutor, the Arkansas Crime Information Center, a state board that licenses health care professionals, the Commission on Law Enforcement Standards and Training, and a criminal justice agency you apply to work for or that runs certain polygraph or private security licensing checks (§ 16-90-1416). A sealed conviction can still be used in a later criminal case, for habitual offender status and to impeach you as a witness, and in health care licensing and law enforcement certification (§ 16-90-1417(b)(2)). Sealing does not restore the right to have a firearm if a felony took it away, and voting rights are restored separately under Amendment 51 (§ 16-90-1417(a)(2)-(3)).1,2,3

What it's for: Misdemeanor and violation convictions, usually as soon as the sentence is complete.

Who can use it

  • You have completed the sentence, including paying restitution and court costs, paid any driver's license reinstatement fee and met any other reinstatement requirements tied to the case (Ark. Code § 16-90-1405(a)).
  • There is no limit on the number of misdemeanors or violations you can petition to seal (§ 16-90-1405(b)).
  • Offenses from before January 1, 2014 qualify too (§ 16-90-1405(c)).
  • The court must seal the conviction unless it is shown clear and convincing evidence that it should not (§ 16-90-1415(a)).

What doesn't qualify

  • Traffic offenses (other than parking, vehicle weight or vehicle defect violations) committed in any motor vehicle while you held a commercial driver license or commercial learner's permit (§ 16-90-1405(b)).
  • A new petition for the same offense while an appeal of an earlier denial is pending (§ 16-90-1405(b)).

How long you have to wait

RecordWaiting period
Most misdemeanors and violationsNone after the sentence is complete§ 16-90-1405(a)
Class A misdemeanor negligent homicide, third degree battery, indecent exposure, public sexual indecency, fourth degree sexual assault, third degree domestic battering5 years after the sentence is complete§ 16-90-1405(b)
Misdemeanor DWI or BWIUntil the lookback periods in § 5-65-111 have passedThose count prior DWIs within 10 years of the first offense (§§ 16-90-1405(b), 5-65-111). See the DUI section.
After a denial90 days (1 year for the 5-year offenses and DWI/BWI)§ 16-90-1405(b)

How to apply

  1. Make sure your sentence is complete: jail or prison time served; probation, parole or post-release supervision discharged; any suspended sentence finished; fines and court costs paid (unless the sentencing court excused them); any court-ordered restitution paid; any court-ordered community service and any training program required by your probation or parole completed; and any driver's license reinstatement fees and requirements met (Ark. Code §§ 16-90-1404(1), 16-90-1405(a)).
  2. Choose the right uniform petition and order from the Arkansas Crime Information Center's forms page. ACIC cannot tell you which form to use; it suggests a lawyer or Legal Aid of Arkansas at 1-800-952-9243 (ACIC).
  3. Fill out the petition and the proposed order. The felony petition must be notarized and include a certificate of service (ACIC felony petition form).
  4. File it with the clerk of the circuit or district court in the county where the offense was committed and you were convicted. The clerk may not charge a filing fee (§§ 16-90-1413(a), 16-90-1419).
  5. Within 3 days of filing, serve a copy on the county's prosecuting attorney (and on the arresting agency if you named it as a party) (§ 16-90-1413).
  6. The prosecutor has 30 days from receiving the petition (or from its filing, if later) to file a notice of opposition. If no opposition is filed, the court may grant the petition. If the prosecutor objects and the record is eligible, the court must set a hearing unless the prosecutor agrees to let the court decide on the papers. The court can rule any time after the 30 days (§ 16-90-1413(b)(2), (c)).
  7. If the petition is granted, the clerk sends certified copies of the order to the prosecutor, the arresting agency and ACIC (§ 16-90-1413). You may also mail, fax or hand-deliver a copy to ACIC, which has 30 days to process it (ACIC).
Where to file
The circuit or district court in the county where the offense was committed and where you were convicted (Ark. Code § 16-90-1413(a)).
Cost
The circuit or district court clerk may not collect a fee for filing a uniform petition to seal (Ark. Code § 16-90-1419). To be eligible you generally must already have paid the fines and court costs (unless the sentencing court excused them) and any court-ordered restitution (§ 16-90-1404(1)). Notary and certified-copy costs, if any, are not covered by the statute.
Court hearing
Sometimes
How long it takes
The prosecutor has 30 days to object (§ 16-90-1413(b)(2)). ACIC says it has 30 days to process an order after receiving it.

Official forms

Sealing

Sealing a felony conviction

To seal means to expunge, remove, sequester and treat the record as confidential; it does not mean physically destroying the record unless the law requires it (Ark. Code § 16-90-1404). Once the order is entered, the conduct is deemed as a matter of law never to have occurred, you may state that it did not occur and that the record does not exist, and your privileges and rights are restored (§ 16-90-1417(a)(1), (b)(1)). Sealed records can still be released to you, a court, a prosecutor, the Arkansas Crime Information Center, a state board that licenses health care professionals, the Commission on Law Enforcement Standards and Training, and a criminal justice agency you apply to work for or that runs certain polygraph or private security licensing checks (§ 16-90-1416). A sealed conviction can still be used in a later criminal case, for habitual offender status and to impeach you as a witness, and in health care licensing and law enforcement certification (§ 16-90-1417(b)(2)). Sealing does not restore the right to have a firearm if a felony took it away, and voting rights are restored separately under Amendment 51 (§ 16-90-1417(a)(2)-(3)).2,9,10

What it's for: Nonviolent Class C and D felonies, most unclassified felonies, some Class A and B drug felonies and other listed felonies, for people with no more than one earlier felony.

Who can use it

  • Once your sentence is complete: a nonviolent Class C or Class D felony; an unclassified felony (felony DWI or BWI waits for the § 5-65-111 lookback period); a Class A or Class B felony under the Uniform Controlled Substances Act; solicitation, attempt or conspiracy to commit any of those; or a felony not involving violence committed before age 18 (Ark. Code § 16-90-1406(a)).
  • A violent Class C or Class D felony that is not barred by § 16-90-1408 can be sealed 5 years after you complete the sentence (§ 16-90-1406(b)).
  • You can have no more than one earlier felony conviction. Felonies from the same criminal episode count as one, and a prior conviction that was already sealed still counts (§ 16-90-1406(c)).
  • You must have no pending felony charges, or list them on the petition (ACIC felony petition form).
  • The judge may grant the petition if it finds by clear and convincing evidence that sealing furthers the interests of justice, looking at whether you seem likely to reoffend, your other record, pending charges or investigations, victim input and any other information the state offers (§ 16-90-1415(b)).

What doesn't qualify

  • Class Y, Class A or Class B felonies, except the drug felonies allowed by § 16-90-1406 (§ 16-90-1408(a)(1)).
  • Manslaughter (§ 16-90-1408(a)(2)).
  • Unclassified felonies with a maximum prison term of more than 10 years (§ 16-90-1408(a)(3)).
  • Felony sex offenses (§ 16-90-1408(a)(4)).
  • Felonies involving violence listed in § 5-4-501(d)(2) (§ 16-90-1408(a)(5)).
  • Felony traffic offenses committed in any motor vehicle while you held a commercial driver license or commercial learner's permit (§ 16-90-1408(b)).
  • People with two or more earlier felony convictions (§ 16-90-1406(c)).

How long you have to wait

RecordWaiting period
Nonviolent Class C or D felony, unclassified felony, Class A or B drug felony, or nonviolent felony committed before 18None after the sentence is complete§ 16-90-1406(a)
Violent Class C or D felony not barred by § 16-90-14085 years after the sentence is complete§ 16-90-1406(b)
Felony DWI or BWIUntil the lookback periods in § 5-65-111 have passed§ 16-90-1406(a)(2)(B)
After a denial1 yearACIC felony petition form; § 16-90-1413(a)(2)

How to apply

  1. Make sure your sentence is complete: jail or prison time served; probation, parole or post-release supervision discharged; any suspended sentence finished; fines and court costs paid (unless the sentencing court excused them); any court-ordered restitution paid; any court-ordered community service and any training program required by your probation or parole completed; and any driver's license reinstatement fees and requirements met (Ark. Code §§ 16-90-1404(1), 16-90-1405(a)).
  2. Choose the right uniform petition and order from the Arkansas Crime Information Center's forms page. ACIC cannot tell you which form to use; it suggests a lawyer or Legal Aid of Arkansas at 1-800-952-9243 (ACIC).
  3. Fill out the petition and the proposed order. The felony petition must be notarized and include a certificate of service (ACIC felony petition form).
  4. File it with the clerk of the circuit or district court in the county where the offense was committed and you were convicted. The clerk may not charge a filing fee (§§ 16-90-1413(a), 16-90-1419).
  5. Within 3 days of filing, serve a copy on the county's prosecuting attorney (and on the arresting agency if you named it as a party) (§ 16-90-1413).
  6. The prosecutor has 30 days from receiving the petition (or from its filing, if later) to file a notice of opposition. If the prosecutor objects, the court may set a hearing, and if it does, it can grant the petition only after the hearing. The court can rule any time after the 30 days (§ 16-90-1413(b)(3), (c)).
  7. If the petition is granted, the clerk sends certified copies of the order to the prosecutor, the arresting agency and ACIC (§ 16-90-1413). You may also mail, fax or hand-deliver a copy to ACIC, which has 30 days to process it (ACIC).
Where to file
The circuit or district court in the county where the offense was committed and where you were convicted (Ark. Code § 16-90-1413(a)).
Cost
The circuit or district court clerk may not collect a fee for filing a uniform petition to seal (Ark. Code § 16-90-1419). To be eligible you generally must already have paid the fines and court costs (unless the sentencing court excused them) and any court-ordered restitution (§ 16-90-1404(1)). Notary and certified-copy costs, if any, are not covered by the statute.
Court hearing
Sometimes
How long it takes
The prosecutor has 30 days to object; if the prosecutor objects and the court sets a hearing, the petition can be granted only after that hearing (§ 16-90-1413). ACIC says it has 30 days to process an order after receiving it.

Official forms

Sealing

Sealing a felony drug possession conviction after court-ordered treatment

To seal means to expunge, remove, sequester and treat the record as confidential; it does not mean physically destroying the record unless the law requires it (Ark. Code § 16-90-1404). Once the order is entered, the conduct is deemed as a matter of law never to have occurred, you may state that it did not occur and that the record does not exist, and your privileges and rights are restored (§ 16-90-1417(a)(1), (b)(1)). Sealed records can still be released to you, a court, a prosecutor, the Arkansas Crime Information Center, a state board that licenses health care professionals, the Commission on Law Enforcement Standards and Training, and a criminal justice agency you apply to work for or that runs certain polygraph or private security licensing checks (§ 16-90-1416). A sealed conviction can still be used in a later criminal case, for habitual offender status and to impeach you as a witness, and in health care licensing and law enforcement certification (§ 16-90-1417(b)(2)). Sealing does not restore the right to have a firearm if a felony took it away, and voting rights are restored separately under Amendment 51 (§ 16-90-1417(a)(2)-(3)).4,6,12

What it's for: Felony possession of a controlled or counterfeit substance where the court ordered drug treatment as a condition of probation and you completed it.

Who can use it

  • A felony conviction for possession of a controlled substance (§ 5-64-419) or a counterfeit substance (§ 5-64-441) (Ark. Code § 16-90-1407).
  • Before sentencing, an intake officer (where the court appoints one) found you had a drug addiction and recommended residential treatment, and the court placed you on probation requiring you to complete a court-approved treatment program and stay drug-free (§ 16-90-1407).
  • You successfully completed the probation (§ 16-90-1407).
  • The court may grant the petition if it finds that sealing serves both your interests and the state's (§ 16-90-1415(c)).

What doesn't qualify

  • Drug offenses other than possession, and possession cases without the court-ordered treatment probation described above; those may still fit the general felony route (§§ 16-90-1406, 16-90-1407).

How long you have to wait

RecordWaiting period
Felony drug possession with completed treatment probationNone after the sentence is complete§ 16-90-1407

How to apply

  1. Make sure your sentence is complete: jail or prison time served; probation, parole or post-release supervision discharged; any suspended sentence finished; fines and court costs paid (unless the sentencing court excused them); any court-ordered restitution paid; any court-ordered community service and any training program required by your probation or parole completed; and any driver's license reinstatement fees and requirements met (Ark. Code §§ 16-90-1404(1), 16-90-1405(a)).
  2. Choose the right uniform petition and order from the Arkansas Crime Information Center's forms page. ACIC cannot tell you which form to use; it suggests a lawyer or Legal Aid of Arkansas at 1-800-952-9243 (ACIC).
  3. Fill out the petition and the proposed order. The felony petition must be notarized and include a certificate of service (ACIC felony petition form).
  4. File it with the clerk of the circuit or district court in the county where the offense was committed and you were convicted. The clerk may not charge a filing fee (§§ 16-90-1413(a), 16-90-1419).
  5. Within 3 days of filing, serve a copy on the county's prosecuting attorney (and on the arresting agency if you named it as a party) (§ 16-90-1413).
  6. The prosecutor has 30 days from receiving the petition (or from its filing, if later) to file a notice of opposition. If the prosecutor objects, the court may set a hearing, and if it does, it can grant the petition only after the hearing. The court can rule any time after the 30 days (§ 16-90-1413(b)(3), (c)).
  7. If the petition is granted, the clerk sends certified copies of the order to the prosecutor, the arresting agency and ACIC (§ 16-90-1413). You may also mail, fax or hand-deliver a copy to ACIC, which has 30 days to process it (ACIC).
Where to file
The circuit or district court in the county where the offense was committed and where you were convicted (Ark. Code § 16-90-1413(a)).
Cost
The circuit or district court clerk may not collect a fee for filing a uniform petition to seal (Ark. Code § 16-90-1419). To be eligible you generally must already have paid the fines and court costs (unless the sentencing court excused them) and any court-ordered restitution (§ 16-90-1404(1)). Notary and certified-copy costs, if any, are not covered by the statute.
Court hearing
Sometimes

Official forms

Sealing

Sealing arrests, dismissals, nolle prosequi and acquittals

To seal means to expunge, remove, sequester and treat the record as confidential; it does not mean physically destroying the record unless the law requires it (Ark. Code § 16-90-1404). Once the order is entered, the conduct is deemed as a matter of law never to have occurred, you may state that it did not occur and that the record does not exist, and your privileges and rights are restored (§ 16-90-1417(a)(1), (b)(1)). Sealed records can still be released to you, a court, a prosecutor, the Arkansas Crime Information Center, a state board that licenses health care professionals, the Commission on Law Enforcement Standards and Training, and a criminal justice agency you apply to work for or that runs certain polygraph or private security licensing checks (§ 16-90-1416). A sealed conviction can still be used in a later criminal case, for habitual offender status and to impeach you as a witness, and in health care licensing and law enforcement certification (§ 16-90-1417(b)(2)). Sealing does not restore the right to have a firearm if a felony took it away, and voting rights are restored separately under Amendment 51 (§ 16-90-1417(a)(2)-(3)).3,13,14

What it's for: Arrests with no charges filed within a year, and cases that ended in a nolle prosequi, dismissal, acquittal or a decision not to file charges.

Who can use it

  • An arrest where the prosecutor has not filed charges within one year of the arrest (Ark. Code § 16-90-1409).
  • A case that ended in a nolle prosequi, a dismissal, an acquittal, or a prosecutor's decision not to file charges, for any reason (§ 16-90-1410(a)).
  • The court must grant the petition unless the state shows by a preponderance of the evidence that sealing would put the public at risk or would not further the interests of justice (§ 16-90-1415(d)).

What doesn't qualify

  • An acquittal by reason of mental disease or defect (§ 16-90-1410).

How long you have to wait

RecordWaiting period
Arrest, no charges filed1 year from the arrest§ 16-90-1409
Nolle prosequi1 year after the nolle prosequi is entered§ 16-90-1410
Dismissal, acquittal or decision not to file chargesNone§ 16-90-1410

How to apply

  1. Use the ACIC Petition to Seal Arrest (no charges filed) or the Petition to Seal Nolle Prosequi, Dismissal, Acquittal or Charges Not Filed, with the matching order (ACIC).
  2. File an arrest petition in a district or circuit court in the county where you were arrested (Ark. Code § 16-90-1409). File a nolle prosequi or dismissal petition in the court that entered the order (§ 16-90-1410). There is no filing fee (§ 16-90-1419).
  3. Serve the county prosecuting attorney within 3 days; the prosecutor has 30 days to object (§ 16-90-1413).
  4. If the order is granted, the clerk sends it to the prosecutor, the arresting agency and ACIC (§ 16-90-1413).
Where to file
For an arrest with no charges, a district or circuit court in the county of arrest (§ 16-90-1409). For a nolle prosequi or dismissal, the court that entered the order (§ 16-90-1410(b)). The statute does not name the court for an acquittal or a decision not to file charges; ask the clerk of the court that handled the case.
Cost
The circuit or district court clerk may not collect a fee for filing a uniform petition to seal (Ark. Code § 16-90-1419). Notary and certified-copy costs, if any, are not covered by the statute.
Court hearing
Sometimes
How long it takes
The prosecutor has 30 days to object (§ 16-90-1413).

Official forms

Dismissal

First offender probation, dismissal and sealing (Act 346 of 1975)

If you complete the probation, you are discharged without a finding of guilt and the court enters an order dismissing the case and sealing the record, if that is consistent with the record sealing law (Ark. Code § 16-93-303(b)). You are then treated as not having a felony conviction, except for habitual offender status, criminal history scores, sentencing and impeachment (§ 16-93-303(d)). To seal means to expunge, remove, sequester and treat the record as confidential; it does not mean physically destroying the record unless the law requires it (Ark. Code § 16-90-1404). Once the order is entered, the conduct is deemed as a matter of law never to have occurred, you may state that it did not occur and that the record does not exist, and your privileges and rights are restored (§ 16-90-1417(a)(1), (b)(1)). Sealed records can still be released to you, a court, a prosecutor, the Arkansas Crime Information Center, a state board that licenses health care professionals, the Commission on Law Enforcement Standards and Training, and a criminal justice agency you apply to work for or that runs certain polygraph or private security licensing checks (§ 16-90-1416). A sealed conviction can still be used in a later criminal case, for habitual offender status and to impeach you as a witness, and in health care licensing and law enforcement certification (§ 16-90-1417(b)(2)). Sealing does not restore the right to have a firearm if a felony took it away, and voting rights are restored separately under Amendment 51 (§ 16-90-1417(a)(2)-(3)).6,8,15

What it's for: People with no earlier felony conviction who pleaded guilty or no contest and were placed on probation without a finding of guilt under Act 346 (and some court program cases).

Who can use it

  • You pleaded guilty or no contest before any finding of guilt, had no earlier felony conviction, consented, and the court deferred further proceedings and placed you on probation for at least a year (Ark. Code § 16-93-303(a)(1)(A)).
  • You completed the probation and other conditions (§ 16-93-303(b)).
  • ACIC also publishes petitions to seal for drug court (§ 16-98-303), community punishment under Act 531 of 1993, and veterans treatment court (§ 16-101-106) cases (ACIC).

What doesn't qualify

  • Sealing under Act 346 is not available for an offense requiring sex offender registration, public sexual indecency, indecent exposure, bestiality, exposing another person to HIV, or a serious felony or felony involving violence under § 5-4-501 (§ 16-93-303(a)(1)(B)).
  • If you violate probation, the court may enter a finding of guilt and sentence you (§ 16-93-303(a)(2)).

How long you have to wait

RecordWaiting period
Act 346 first offender probationWhen probation is successfully completed§ 16-93-303(b)

How to apply

  1. After you finish probation, file the ACIC Petition to Dismiss and Seal (First Offenders) and the matching order with the court that placed you on probation (ACIC).
  2. For drug court, community punishment or veterans court cases, use the matching ACIC petition and order (ACIC).
  3. Once signed, the order goes to ACIC; you can also send ACIC a copy yourself (ACIC).
Where to file
The court that placed you on probation (ACIC; Ark. Code § 16-93-303).
Cost
There is no filing fee for a uniform petition under the sealing law (Ark. Code § 16-90-1419). We did not confirm whether a fee applies to an Act 346 dismissal motion; ask the clerk.

Official forms

Sealing

Sealing after a governor's pardon

To seal means to expunge, remove, sequester and treat the record as confidential; it does not mean physically destroying the record unless the law requires it (Ark. Code § 16-90-1404). Once the order is entered, the conduct is deemed as a matter of law never to have occurred, you may state that it did not occur and that the record does not exist, and your privileges and rights are restored (§ 16-90-1417(a)(1), (b)(1)). Sealed records can still be released to you, a court, a prosecutor, the Arkansas Crime Information Center, a state board that licenses health care professionals, the Commission on Law Enforcement Standards and Training, and a criminal justice agency you apply to work for or that runs certain polygraph or private security licensing checks (§ 16-90-1416). A sealed conviction can still be used in a later criminal case, for habitual offender status and to impeach you as a witness, and in health care licensing and law enforcement certification (§ 16-90-1417(b)(2)). Sealing does not restore the right to have a firearm if a felony took it away, and voting rights are restored separately under Amendment 51 (§ 16-90-1417(a)(2)-(3)).4,6,16

What it's for: Convictions for which the Governor granted a pardon, and some felonies committed under age 16 that were later pardoned.

Who can use it

  • When the Governor grants a pardon, the Governor notifies the court and the court must issue an order sealing the record (Ark. Code § 16-90-1411(a)(1)).
  • For a pardon granted before July 15, 1991, the record is sealed once you file a copy of the pardon with the court (§ 16-90-1411(a)(2)).
  • A person who committed a felony in Arkansas before age 16, got a suspended sentence, was pardoned and has no other conviction must have the record sealed (§ 16-90-1411(b)).
  • You can still use the regular misdemeanor or felony routes instead (§ 16-90-1411(c)).

What doesn't qualify

  • Pardons for an offense where the victim was under 18, a sex offense, or an offense that caused death or serious physical injury (§ 16-90-1411(a)(3)).

How long you have to wait

RecordWaiting period
Pardoned convictionNone after the pardon§ 16-90-1411

Happens automatically. Once a pardon is granted, the Governor notifies the court and the court must seal the record (§ 16-90-1411(a)(1)). You must apply to the Governor for the pardon itself, and for pre-July 15, 1991 pardons you file the pardon with the court.

How to apply

  1. Apply for a pardon using the Governor's pardon instructions and application (ACIC).
  2. After a pardon, check that the court entered the sealing order. ACIC publishes a petition and order to seal for pardoned people if you need to ask the court yourself (ACIC).
Where to file
The court where you were convicted (Ark. Code § 16-90-1411).
Cost
No filing fee for a uniform petition (Ark. Code § 16-90-1419).
Court hearing
No

Official forms

Sealing

Sealing for human trafficking survivors

The court enters a uniform sealing order and redacts your name from the records of the arrest, citation, investigation, charge, court case and probation for the offense (Ark. Code § 16-90-1412(d)). To seal means to expunge, remove, sequester and treat the record as confidential; it does not mean physically destroying the record unless the law requires it (Ark. Code § 16-90-1404). Once the order is entered, the conduct is deemed as a matter of law never to have occurred, you may state that it did not occur and that the record does not exist, and your privileges and rights are restored (§ 16-90-1417(a)(1), (b)(1)). Sealed records can still be released to you, a court, a prosecutor, the Arkansas Crime Information Center, a state board that licenses health care professionals, the Commission on Law Enforcement Standards and Training, and a criminal justice agency you apply to work for or that runs certain polygraph or private security licensing checks (§ 16-90-1416). A sealed conviction can still be used in a later criminal case, for habitual offender status and to impeach you as a witness, and in health care licensing and law enforcement certification (§ 16-90-1417(b)(2)). Sealing does not restore the right to have a firearm if a felony took it away, and voting rights are restored separately under Amendment 51 (§ 16-90-1417(a)(2)-(3)).6,17,18

What it's for: Convictions that resulted from being trafficked, for offenses committed as a minor, or adult prostitution convictions.

Who can use it

  • You were a victim of human trafficking at the time of the offense and the conviction resulted from it (Ark. Code § 16-90-1412(b)(1)(A)).
  • You were under 18 when the offense was committed, or you are an adult convicted of prostitution under § 5-70-102 (§ 16-90-1412(b)(1)(B)).
  • The court must grant the petition if it finds these facts by a preponderance of the evidence. Official documents showing you were a trafficking victim create a presumption in your favor but are not required, and you do not need to have raised the trafficking defense in your case (§ 16-90-1412(c), (e)).

What doesn't qualify

  • For adults, only prostitution convictions qualify under this route (§ 16-90-1412(b)(1)(B)).

How long you have to wait

RecordWaiting period
Eligible convictionNone; you can file at any time, for a conviction from any time§ 16-90-1412(b)(2)

How to apply

  1. Choose the right uniform petition and order from the Arkansas Crime Information Center's forms page. ACIC cannot tell you which form to use; it suggests a lawyer or Legal Aid of Arkansas at 1-800-952-9243 (ACIC).
  2. Fill out the petition and the proposed order. The felony petition must be notarized and include a certificate of service (ACIC felony petition form).
  3. File it with the clerk of the circuit or district court in the county where the offense was committed and you were convicted. The clerk may not charge a filing fee (§§ 16-90-1413(a), 16-90-1419).
  4. Within 3 days of filing, serve a copy on the county's prosecuting attorney (and on the arresting agency if you named it as a party) (§ 16-90-1413).
  5. The prosecutor has 30 days from receiving the petition (or from its filing, if later) to file a notice of opposition. For a misdemeanor, if the prosecutor objects the court must set a hearing unless the prosecutor agrees to let the court decide on the papers; for a felony, the court may set a hearing and, if it does, can grant the petition only after it. The court can rule any time after the 30 days (§ 16-90-1413(b)-(c)).
  6. If the petition is granted, the clerk sends certified copies of the order to the prosecutor, the arresting agency and ACIC (§ 16-90-1413). You may also mail, fax or hand-deliver a copy to ACIC, which has 30 days to process it (ACIC).
Where to file
The circuit or district court in the county where the offense was committed and where you were convicted (Ark. Code § 16-90-1413(a)).
Cost
The circuit or district court clerk may not collect a fee for filing a uniform petition to seal (Ark. Code § 16-90-1419). This route can be used at any time, for a conviction from any time (§ 16-90-1412(b)(2)). Notary and certified-copy costs, if any, are not covered by the statute.
Court hearing
Sometimes

Official forms

Automatic clearing

Arkansas has no broad Clean Slate law. The one route that works without a petition is a pardon: when the Governor grants one, the Governor notifies the court and the court must seal the record, except for offenses against minors, sex offenses and offenses causing death or serious physical injury (Ark. Code § 16-90-1411, part of the Comprehensive Criminal Record Sealing Act of 2013, effective January 1, 2014). The first offender law says the court shall enter a dismissal and sealing order when probation is completed (§ 16-93-303(b)), but ACIC publishes a petition for it. Everything else, including arrests and dismissed cases, needs a uniform petition.8,15,16

DUI and DWI records in Arkansas

A first, second or third DWI is an unclassified misdemeanor, a fourth or fifth within 10 years of the first offense is an unclassified felony, and a sixth within 20 years is a Class B felony (Ark. Code § 5-65-111). A misdemeanor DWI or BWI cannot be sealed until the lookback periods in § 5-65-111 have passed (§ 16-90-1405(b)), and the same applies to a felony DWI under the unclassified-felony route (§ 16-90-1406(a)(2)). A sixth-offense DWI, as a Class B felony, is not sealable (§ 16-90-1408(a)(1)). No traffic offense committed in any motor vehicle while you held a commercial driver license or learner's permit can be sealed (§§ 16-90-1405(b), 16-90-1408(b)). ACIC has a separate DWI/BWI petition and order. A sealed conviction can still be used in a later criminal case and for habitual offender status (§ 16-90-1417(b)(2)).1,5,7,8,9,10

Arrests and dismissed charges

You can petition to seal an arrest if no charges were filed within a year (Ark. Code § 16-90-1409), and a nolle prosequi (after one year), dismissal, acquittal or decision not to file charges (§ 16-90-1410). The court must grant it unless the state shows by a preponderance of the evidence that sealing would put the public at risk or not further the interests of justice (§ 16-90-1415(d)). There is no filing fee (§ 16-90-1419). Acquittals by reason of mental disease or defect are excluded.4,6,13,14

Marijuana records

We found no marijuana-specific sealing law. Marijuana misdemeanors follow the regular misdemeanor rule (sealable once the sentence is complete) and felony drug offenses follow the felony rules, which allow sealing of some Class A and B drug felonies and, after court-ordered treatment, felony possession (Ark. Code §§ 16-90-1405, 16-90-1406(a)(3), 16-90-1407).1,9,12

What employers can see afterward

After sealing, the conduct is deemed never to have occurred and you may say that it did not occur and that the record does not exist (Ark. Code § 16-90-1417(b)(1)). The records custodian may not reveal a sealed record to employers in general. The exceptions include a criminal justice agency you apply to work for, polygraph and private security licensing checks, state boards that license health care professionals, and the Commission on Law Enforcement Standards and Training (§§ 16-90-1416, 16-90-1417(b)(2)). ACIC's own release of records is governed by a separate law (§ 12-12-1001 and following), which we did not review. We did not find an Arkansas statute or published statewide policy (a ban-the-box rule) limiting when state agencies or private employers may ask about criminal records.5,19

Free help in Arkansas

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.22,23,24
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.25,26

This page explains Arkansas's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in Arkansas?" https://secondchanceindex.com/record-clearing/arkansas, checked October 22, 2026.

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Sources

Each source was opened and checked on October 22, 2026.

  1. Ark. Code § 16-90-1405
  2. Ark. Code § 16-90-1404, Definitions (2025 Arkansas Code, republished text)Justia, republishing the Arkansas Code
  3. Ark. Code § 16-90-1413, Procedure for sealing of records (2025 Arkansas Code, republished text)Justia, republishing the Arkansas Code
  4. Ark. Code § 16-90-1415, Burden of proof; standard of review (2025 Arkansas Code, republished text)Justia, republishing the Arkansas Code
  5. Ark. Code § 16-90-1417, Effect of sealing (2025 Arkansas Code, republished text)Justia, republishing the Arkansas Code
  6. Ark. Code § 16-90-1419, Filing fee (2025 Arkansas Code, republished text)Justia, republishing the Arkansas Code
  7. Ark. Code § 5-65-111, driving while intoxicated penalties and lookback periods (2025 Arkansas Code, republished text)Justia, republishing the Arkansas Code
  8. Criminal History forms: petitions and orders to sealArkansas Crime Information Center, Arkansas Department of Public Safety
  9. Ark. Code §§ 16-90-1406, 16-90-1408
  10. Ark. Code § 16-90-1408, Felony convictions ineligible for sealing (2025 Arkansas Code, republished text)Justia, republishing the Arkansas Code
  11. Uniform Petition to Seal Felony (revised 07/21/2021 and 08/16/2021)Arkansas Crime Information Center
  12. Ark. Code § 16-90-1407
  13. Ark. Code §§ 16-90-1409, 16-90-1410
  14. Ark. Code § 16-90-1409, Sealing records of arrests (2025 Arkansas Code, republished text)Justia, republishing the Arkansas Code
  15. Ark. Code § 16-93-303
  16. Ark. Code § 16-90-1411
  17. Ark. Code § 16-90-1412
  18. SB 429 (2025 Regular Session), Act 665 of 2025: To expand the sealing of criminal records for victims of human traffickingArkansas State Legislature
  19. Ark. Code § 16-90-1416, Release of sealed records (2025 Arkansas Code, republished text)Justia, republishing the Arkansas Code
  20. Ark. Code §§ 16-90-1401 to 16-90-1419, Comprehensive Criminal Record Sealing Act of 2013 (2025 Arkansas Code, table of sections)Justia, republishing the Arkansas Code
  21. Miller County Record Sealing Clinic (April 30, 2026)Legal Aid of Arkansas
  22. List of consumer reporting companiesConsumer Financial Protection Bureau
  23. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  24. Employer Background Checks and Your RightsFederal Trade Commission
  25. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  26. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)