Arkansas Expungement: The Complete 2026 Guide
Arkansas Act 1460 expanded sealing eligibility to most nonviolent offenses. Here is who may qualify, waiting periods, and how to file.
Arkansas does not call it expungement. It calls it sealing. And as of 2023, the state significantly expanded who can seal their record. Act 1460 was the biggest reform to Arkansas's criminal record sealing law in years, opening the door to people with Class B felonies and broadening eligibility for drug offenses. If you looked into this before 2023 and were told you did not qualify, the law may have changed in your favor.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
What Act 1460 changed in 2023
Before Act 1460, Arkansas already had a record sealing statute under Ark. Code Ann. 16-90-1401 et seq. But it was limited. Class B felonies were largely excluded, and the process was not well publicized.
Act 1460 made several important changes:
- Expanded felony eligibility — certain nonviolent, non-sexual Class B felonies became eligible for sealing for the first time
- Broadened drug offense coverage — more drug-related convictions can now be sealed, as long as they are not trafficking or manufacturing offenses at the highest levels
- Streamlined the petition process — clarified filing requirements and standardized forms across counties
The core structure remains the same: you file a Petition to Seal with the circuit court, the prosecuting attorney has a chance to object, and a judge decides. But the pool of people who can use this process grew substantially.
Who may be eligible for record sealing in Arkansas
Arkansas uses a combination of offense classification, waiting periods, and exclusion lists to determine eligibility. The general rule is that nonviolent, non-sexual offenses are sealable after the appropriate waiting period. But there are specific exclusions.
May qualify
- Most misdemeanor convictions, 60 days after completing the sentence
- Class C and D felony convictions (nonviolent), after 5 years
- Certain Class B felony convictions (nonviolent, non-sexual), after 5 years
- Drug possession and lower-level drug offenses, after 5 years
- Cases that were nolle prossed (dismissed by the prosecutor)
- Cases that resulted in a not guilty verdict
- Cases where charges were filed but later dismissed by the court
- Probation completed under Act 346 or similar first-offender statutes
Generally does not qualify
- Class A felonies
- Class Y felonies (the most serious in Arkansas)
- Sexual offenses requiring sex offender registration
- Violent felonies as defined under Ark. Code Ann. 5-4-501
- Murder, manslaughter, and homicide offenses
- DWI convictions (separate statute governs — generally not sealable)
- Offenses involving a minor victim
- Active cases — you cannot seal a case that is still pending
- Cases where you still owe restitution, fines, or fees
This is a general overview. Arkansas eligibility depends on the specific charge code, not just the offense class. Some offenses that seem nonviolent may be classified as excluded. Check the exclusion list in the statute or consult with a legal aid attorney.
Waiting periods
The waiting period is the minimum amount of time that must pass after you complete your sentence before you can file a petition. Completing your sentence means finishing everything — jail time, probation, parole, fines, court costs, and restitution. The clock does not start until all obligations are satisfied.
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Misdemeanors
Clock starts: Date sentence completed (fines, probation, jail)
Applies to most misdemeanor offenses under Ark. Code Ann. 16-90-1401 et seq.
Class C and D felonies (nonviolent)
Clock starts: Date of completion of sentence, including probation
The offense must not be listed among the excluded violent or sexual offenses.
Class B felonies (nonviolent, non-sexual)
Clock starts: Date of completion of sentence, including probation
Added by Act 1460 of 2023. Not all Class B felonies qualify — exclusions apply.
Drug offenses (most)
Clock starts: Date of completion of sentence
Drug trafficking and manufacturing offenses may be excluded depending on classification.
Nolle prossed or dismissed cases
Clock starts: Date of dismissal
You can petition right away. No waiting period required.
Not guilty verdict
Clock starts: Date of acquittal
No waiting period. File your petition at any time after the verdict.
What sealed means in Arkansas
When a record is sealed in Arkansas, it is removed from public view. Standard background checks run by employers and landlords will not show the record. You can legally answer "no" when asked about criminal convictions on most applications — the statute specifically protects your right to deny the existence of a sealed record.
But sealed does not mean destroyed. Law enforcement agencies retain access to sealed records. Certain licensing boards and government agencies may also be able to view sealed records during background investigations. And federal databases — including the FBI's National Crime Information Center — are not affected by a state sealing order.
- Federal background checks — the FBI database is separate from Arkansas state records. Federal employers and some professional licensing boards may still see the conviction.
- Law enforcement access — police, prosecutors, and courts retain full access to sealed records for law enforcement purposes.
- Sex offender registry — sealing a conviction does not remove you from the registry if registration was required.
- Immigration consequences — federal immigration law does not recognize state record sealing. Non-citizens should consult an immigration attorney.
- Private background check companies may be slow to update — send them a certified copy of the sealing order if the record still appears after 90 days.
For most everyday situations — private employment, housing applications, most state professional licenses — sealing is effective. The sealed record will not appear on the checks these entities run.
How to file a petition to seal
The filing process in Arkansas goes through the circuit court in the county where your case was heard. You do not need a lawyer to file, although legal aid organizations can help if your situation is complicated.
The petition process in Arkansas
- 1
Get your criminal history from the Arkansas State Police
5-10 business days$25Order your official Arkansas criminal history from the Arkansas State Police (ASP) Identification Bureau. This report shows every Arkansas arrest, charge, and disposition. You need it to confirm case numbers and eligibility.
You can request this online through the ASP website or by mailing a completed fingerprint card. The online option is faster.
- 2
Locate your court records
1-3 daysVaries by county — usually $5-$15 per documentContact the clerk of the circuit court in the county where your case was heard. You need the case number, the charging document, the judgment, and proof of sentence completion. Most Arkansas courts have online case search through the CourtConnect system.
- 3
Confirm your waiting period has passed
Self-assessmentFreeCalculate whether you have met the required waiting period for your offense type. The clock starts on the date you completed your entire sentence — that means all jail time served, all probation completed, all fines paid, and all restitution satisfied. If any part of the sentence is outstanding, the waiting period has not started.
- 4
Prepare your Petition to Seal
1-2 hoursFreeArkansas uses a Petition to Seal Records form. You can obtain the form from the circuit court clerk in the county where your case was heard, or from the Arkansas courts website. Fill in your full name, date of birth, case number, the charges, the date of disposition, and the statutory basis for sealing (Ark. Code Ann. 16-90-1401 et seq.).
Double-check the case number and charge descriptions against your court records. Errors cause delays.
- 5
File the petition with the circuit court
1 day$50 filing fee (fee waiver available for income-eligible petitioners)Take or mail your completed petition to the clerk of the circuit court in the county where your case was heard. Pay the filing fee. If you cannot afford it, ask for a fee waiver — Arkansas courts have an indigency form available at the clerk window.
- 6
Wait for the prosecuting attorney review
30 daysFreeAfter filing, the court notifies the prosecuting attorney, who has 30 days to object. If there is no objection and you meet all requirements, the court may grant the petition without a hearing. If the prosecutor objects, the court will schedule a hearing.
- 7
Attend the hearing (if required)
15-30 minutesFreeIf the prosecutor objects or the judge wants more information, a hearing is scheduled. At the hearing, you explain why sealing serves the interest of justice. Bring evidence of rehabilitation: steady employment, community ties, completion of treatment programs, letters of support.
Most uncontested petitions in Arkansas are granted without a hearing. A hearing usually means the prosecutor raised a concern — having documentation ready helps.
- 8
Order is entered and agencies notified
30-90 days for full updatesFreeIf approved, the judge signs the sealing order. The court sends copies to the Arkansas State Police, the Arkansas Crime Information Center (ACIC), and any law enforcement agencies that have the record. ASP updates their database. Private background check companies should update within 90 days.
Keep certified copies of the signed order. You will need them if background check companies are slow to update.
Fees and fee waivers
The filing fee for a petition to seal in Arkansas is $50. This is set by statute and applies statewide. Some counties may have additional small charges for copies or certified documents.
If you cannot afford the filing fee, you can request a fee waiver. Ask the circuit court clerk for the indigency form. If you are receiving SNAP, Medicaid, SSI, or other means-tested benefits, or if your income is at or below 200% of the federal poverty guidelines, you are likely to qualify for a waiver.
Free legal help in Arkansas
- Center for Arkansas Legal Services (CALS) — free civil legal help for low-income Arkansans: arkansaslegalservices.org or 1-800-950-5817
- Legal Aid of Arkansas — serves northern and western Arkansas: arlegalaid.org or 1-800-967-9224
- Arkansas Access to Justice Commission — connects people with legal resources statewide
- University of Arkansas School of Law Legal Clinic — free clinics for qualifying individuals
- Arkansas Bar Association Lawyer Referral Service — fee-based consultations with attorneys
CALS and Legal Aid of Arkansas are the two main legal aid providers. They have income eligibility requirements but handle expungement and sealing cases regularly.
Start here
If you think you may qualify to seal your record in Arkansas, the first step is ordering your criminal history from the Arkansas State Police. That report gives you your case numbers, charge codes, and disposition dates — everything you need to determine your eligibility and fill out the petition.
From there, use the free options guide to see where you stand. Arkansas's 60-day waiting period for misdemeanors is one of the shortest in the country, and the 5-year felony period, while longer, is reasonable for the scope of offenses now covered.
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