How long you wait to clear a record in Arkansas
When you can ask to clear a record in Arkansas.
Checked against official sources: October 25, 2026.
Short answer
Arkansas law sets a waiting period for each kind of case. The wait starts from a set event.
- Main remedy
- Sealing of misdemeanor and violation convictions (Ark. Code 16-90-1405)
- Waiting periods
- Most misdemeanors and violations: No waiting period, counted from 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, counted from completion of sentence
Misdemeanor DWI or BWI (5-65-103): 10 years, counted from your first DWI/BWI conviction
When can I file in Arkansas?
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
Waiting periods: 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
Waiting periods: 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
Waiting periods: 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
Waiting periods: 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
Waiting periods: 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)
Source: Official text
In nearby states
- Mississippi: Dismissed, dropped, no disposition, or not guilty: No waiting period, counted from the dismissal or verdict
- Missouri: Misdemeanor, municipal violation or infraction: 1 year, counted from completion of the sentence or other authorized disposition
- Louisiana: Dismissal, acquittal, refusal to prosecute: No waiting period, counted from the end of the case
Steps after the wait in Arkansas
Check your dates
Use the dates on your court papers, not your memory.
Check the other rules
Exclusions and new offenses can matter more than the wait.
Prepare your petition
After the wait, the next step is the petition. 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 waiting periods in Arkansas
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.
When can I ask to clear my record in Arkansas?
Most misdemeanors and violations: No waiting period, counted from 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, counted from completion of sentence; Misdemeanor DWI or BWI (5-65-103): 10 years, counted from your first DWI/BWI conviction; Nonviolent Class C or D felony, unclassified felony, Class A/B drug felony, nonviolent felony committed under 18: No waiting period, counted from completion of sentence.
Is there free help to clear a record in Arkansas?
Legal Aid of Arkansas (Arkansas Law Help) and Arkansas Legal Services Partnership.