How to Get an Expungement for a Misdemeanor in Arkansas

Question from Ronald Baker, How to Get an Expungement for a Misdemeanor in Arkansas

Answer from AI:

If you have a misdemeanor charge for failure to appear on a traffic violation in a commercial motor vehicle in Arkansas and you have already paid the fines and court costs, you may be eligible to have this charge expunged from your record. Expungement is the legal process of sealing or erasing a criminal record. Here’s a general guide on how to proceed:

Understanding Expungement in Arkansas

In Arkansas, the process of expungement is governed by the Arkansas Code Annotated (A.C.A.) § 16-90-1401 et seq. Expungement can help you by removing the charge from your public record, which can be beneficial for employment, housing, and other background checks.

Eligibility for Expungement

To be eligible for expungement in Arkansas, you must meet certain criteria:

• The offense must be a misdemeanor or a violation.
• You must have completed all terms of your sentence, including paying fines and court costs.
• A certain amount of time must have passed since the completion of your sentence (typically 60 days for misdemeanors).

Steps to File for Expungement

Here are the typical steps you need to follow to file for an expungement in Arkansas:

1. Obtain Your Criminal Record: You will need a copy of your criminal record. You can request this from the Arkansas State Police or the court where you were convicted.
2. Complete the Petition for Expungement: You will need to fill out a petition for expungement. This form is available from the court or online. The form will require details about your conviction and the reasons you believe you are eligible for expungement.
3. File the Petition with the Court: Submit the completed petition to the court where you were convicted. There may be a filing fee associated with this process.
4. Serve the Petition: You must serve a copy of the petition to the prosecuting attorney. This gives the prosecutor an opportunity to object to your request.
5. Attend the Hearing: If the prosecutor objects, a hearing will be scheduled. You will need to attend this hearing and present your case to the judge. If there are no objections, the judge may grant the expungement without a hearing.
6. Receive the Order of Expungement: If the judge grants your petition, you will receive an order of expungement. This order will direct the relevant agencies to seal your record.

Resources and Legal Assistance

While you can file for expungement on your own, it may be beneficial to consult with a legal professional to ensure that you meet all the requirements and that your petition is properly completed. Here are some resources that may help:

• Arkansas Court Forms – Access to various court forms, including the petition for expungement.
• Arkansas Legal Services – Provides free legal assistance to low-income individuals.

When to Seek Legal Advice

If you are unsure about your eligibility or the process, it is advisable to seek legal advice. A lawyer can help you navigate the complexities of the legal system and increase your chances of a successful expungement.

Remember, this information is intended to provide a general overview. For personalized advice, you should consult with a legal professional who can provide guidance based on your specific circumstances.