Sealing of misdemeanor and violation convictions (Ark. Code 16-90-1405) in Arkansas: which records can be cleared
Which records Arkansas lets you clear, who is not eligible and what changes after the court says yes.
Checked against official sources: October 25, 2026.
Short answer
In Arkansas it is called sealing: sealing does not destroy your records, but they become confidential. Some misdemeanor and felony convictions may be cleared.
- Main remedy
- Sealing of misdemeanor and violation convictions (Ark. Code 16-90-1405)
- What it covers
- Misdemeanor and violation convictions.
- Ways to clear a record
- 5
Which records can be cleared in Arkansas
Sealing (petition and order to seal; formerly called expungement) — Sealing does not destroy your records, but they become confidential. After a sealing order, the conduct is treated by law as never having happened and you may say the sealed record does not exist, though courts, prosecutors, some employers like criminal justice agencies, and the Arkansas Crime Information Center can still see it.
Arkansas has 5 ways to clear a record. Each covers different records and has its own waiting period.
Sealing of misdemeanor and violation convictions (Ark. Code 16-90-1405)
Misdemeanor and violation convictions
| Kind of case | Waiting period | Counted from |
|---|---|---|
Most misdemeanors and violations | No waiting period You can file immediately after you finish your sentence and pay restitution, court costs and any license reinstatement fees. | Completion of sentence, including restitution, court costs and any driver's license reinstatement fees |
Class A negligent homicide, battery 3rd degree, indecent exposure, public sexual indecency, sexual assault 4th degree, domestic battering 3rd degree | 5 years You must wait 5 years after finishing your sentence. | Completion of sentence |
Misdemeanor DWI or BWI (5-65-103) | 10 years You must wait until the DWI lookback period has passed. The lookback is 10 years, and the official ACIC petition asks you to confirm it has been more than 10 years since your first DWI or BWI conviction. | Your first DWI/BWI conviction |
- Not eligible
- Traffic offenses (other than parking, weight or vehicle defect) committed in a motor vehicle while you held a commercial driver license or learner's permit
- Limits
- No limit on the number of misdemeanor petitions. After a denial you must wait 90 days (1 year for the 5-year offenses and DWI) to refile.
Law: Ark. Code Ann. §§ 16-90-1405, 16-90-1413, 16-90-1415(a), 16-90-1419
Source: Official text
Sealing of felony convictions (Ark. Code 16-90-1406)
Nonviolent Class C and D felonies, unclassified felonies, Class A and B drug felonies under the Uniform Controlled Substances Act, nonviolent felonies committed under age 18, and (after a wait) violent Class C and D felonies
| Kind of case | Waiting period | Counted from |
|---|---|---|
Nonviolent Class C or D felony, unclassified felony, Class A/B drug felony, nonviolent felony committed under 18 | No waiting period You can file immediately after you complete your sentence. | Completion of sentence |
Violent Class C or D felony | 5 years You can file 5 years after you complete your sentence. | Completion of sentence |
Felony DWI or BWI | 10 years You must wait until the DWI lookback periods have passed: 10 years for a fourth or fifth offense, and 20 years when the felony was a sixth or later offense. | Your first DWI/BWI offense |
- Not eligible
- Class Y felonies; Class A or B felonies (except drug felonies); manslaughter; unclassified felonies with a maximum over 10 years; felony sex offenses; felonies involving violence listed in Ark. Code 5-4-501(d)(2); felony traffic offenses committed while holding a commercial driver license or learner's permit
- Limits
- You can have no more than one previous felony conviction (felonies from the same criminal episode count as one). After a denial you must wait 1 year to refile.
Law: Ark. Code Ann. §§ 16-90-1406, 16-90-1407, 16-90-1408, 16-90-1415(b)
Source: Official text
Sealing of arrests, dismissals, nolle prosequi and acquittals (Ark. Code 16-90-1409, 16-90-1410)
Arrests with no charges filed, cases dismissed, nolle prossed, acquitted (except not guilty by reason of mental disease or defect), or where the prosecutor decided not to file charges
| Kind of case | Waiting period | Counted from |
|---|---|---|
Arrest, no charges filed | 1 year You can petition if no charges were filed within one year of the arrest. | Date of arrest |
Nolle prosequi | 1 year You can petition one year after the nolle prosequi order. | Date of the nolle prosequi order |
Dismissal, acquittal, or decision not to file charges | No waiting period You can petition right away. | Dismissal or acquittal |
- Not eligible
- Acquittals by reason of mental disease or defect
Law: Ark. Code Ann. §§ 16-90-1409, 16-90-1410, 16-90-1415(d)
Source: Official text
Sealing after a governor's pardon (Ark. Code 16-90-1411)
Convictions pardoned by the Governor, and felonies committed under age 16 with a suspended sentence that were pardoned
| Kind of case | Waiting period | Counted from |
|---|---|---|
Pardoned conviction | No waiting period When the Governor issues a pardon, the court is notified and seals the conviction; for pardons before July 15, 1991, you file a copy of the pardon with the court. | The pardon |
- Not eligible
- Pardons for offenses against a victim under 18, sex offenses, or offenses causing death or serious physical injury
Law: Ark. Code Ann. § 16-90-1411
Source: Official text
Dismissal and sealing after a specialty court program (Ark. Code 16-90-1601 to 16-90-1603, Act 691 of 2025)
Cases of people who successfully complete a specialty court program: pre-adjudication probation, drug court, SWIFT probation, DWI/BWI court, mental health court, veterans treatment court, juvenile drug court or family treatment court
| Kind of case | Waiting period | Counted from |
|---|---|---|
Successful completion of a specialty court program | No waiting period The specialty court judge may dismiss and seal the case as soon as you complete the program, if the prosecutor recommends it. | Completion of the program |
DWI or BWI case in a specialty court | 10 years A DWI or BWI cannot be dismissed, and sealing cannot be ordered, until the DWI lookback period has passed. | Your first DWI/BWI offense |
- Limits
- The usual limit of one previous felony does not apply to sealing ordered by a specialty court judge.
Law: Ark. Code Ann. §§ 16-90-1601 to 16-90-1603 (Act 691 of 2025); Ark. Code 16-90-1602(b)(2)
Source: Official text
What changes afterwards
After the order to seal, your underlying conduct is deemed never to have occurred, and you may state that it did not occur and that a sealed record does not exist. Sealed records can still be released to you, to criminal justice agencies for jobs with them, to courts after a later conviction, to prosecutors and to ACIC (16-90-1416), and a sealed conviction can still be used in later criminal cases, for habitual offender status and for impeachment.
Law: Ark. Code 16-90-1417(b)(1)
Juvenile records in Arkansas
Juvenile records can be expunged by order of the juvenile court; ACIC publishes a Juvenile Expungement Order form for this purpose.
Pardons in Arkansas
- Who decides
- Governor of Arkansas (after screening and recommendation by the Arkansas Board of Parole)
- How
- Submit the Governor's pardon application. The Board of Parole screens it and may hold a hearing, then recommends to the Governor; if the Governor intends to grant, there is a 30-day public comment period. A granted pardon leads to sealing of most convictions.
Law: Ark. Code Ann. § 16-90-1411
In nearby states
- Mississippi: Expunction (expungement)
- Missouri: Expungement; closed records
- Louisiana: Expungement
- Oklahoma: Expungement (Section 18 expungement; Section 991c deferred-sentence expungement)
What to do now in Arkansas
Get your own record
Get a copy of your record so you know each case and how it ended. ACIC: Criminal History forms and Petitions/Orders to Seal and Arkansas Law Help (Legal Aid of Arkansas): Criminal Record Sealing.
Count the waiting period
Each kind of case has its own waiting period. Waiting periods.
File with the court
You file the request in the court that handled the case. How to file.
Talk to legal aid
Legal aid can help for free: Legal Aid of Arkansas (Arkansas Law Help) and Arkansas Legal Services Partnership.
Free legal help in Arkansas
Questions about clearing a record in Arkansas
What is the legal term in Arkansas?
Sealing (petition and order to seal; formerly called expungement). Sealing does not destroy your records, but they become confidential. After a sealing order, the conduct is treated by law as never having happened and you may say the sealed record does not exist, though courts, prosecutors, some employers like criminal justice agencies, and the Arkansas Crime Information Center can still see it.
Can convictions be cleared in Arkansas?
Sealing of misdemeanor and violation convictions: Misdemeanor and violation convictions. Sealing of felony convictions: Nonviolent Class C and D felonies, unclassified felonies, Class A and B drug felonies under the Uniform Controlled Substances Act, nonviolent felonies committed under age 18, and (after a wait) violent Class C and D felonies. Sealing of arrests, dismissals, nolle prosequi and acquittals: Arrests with no charges filed, cases dismissed, nolle prossed, acquitted (except not guilty by reason of mental disease or defect), or where the prosecutor decided not to file charges. Sealing after a governor's pardon: Convictions pardoned by the Governor, and felonies committed under age 16 with a suspended sentence that were pardoned. Dismissal and sealing after a specialty court program: Cases of people who successfully complete a specialty court program: pre-adjudication probation, drug court, SWIFT probation, DWI/BWI court, mental health court, veterans treatment court, juvenile drug court or family treatment court.
What happens to juvenile records in Arkansas?
Juvenile records can be expunged by order of the juvenile court; ACIC publishes a Juvenile Expungement Order form for this purpose.
What can I say after my record is cleared in Arkansas?
After the order to seal, your underlying conduct is deemed never to have occurred, and you may state that it did not occur and that a sealed record does not exist. Sealed records can still be released to you, to criminal justice agencies for jobs with them, to courts after a later conviction, to prosecutors and to ACIC (16-90-1416), and a sealed conviction can still be used in later criminal cases, for habitual offender status and for impeachment.