Can I Seal My Criminal Record?
One criminal charge can change it all — outside of potential jail time, restitution, and court fees, individuals with a criminal record face societal consequences as well. Housing and employment agencies can deny applications based on records, leaving some homeless and unemployed.
If you are looking for new opportunities in life, a criminal history can even prevent you from acquiring bank and student loans. How can you turn a new leaf when it feels like the past is always following you?
Luckily for Arkansas residents, the state offers the opportunity for a clean slate. Non-violent offenses, drug charges, and other misdemeanors can be sealed so they do not appear to the public on background checks.
How To Qualify For Expungement In Arkansas
Arkansas is fairly straightforward about what you need to do prior to applying for expungement (also known as sealing records). In order to qualify, the individual must:
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Pay every fine, fee, or restitution against you.
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Complete the probation period successfully
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Reinstate driver’s license (if suspended due to charges)
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Find legal representation
You want to prove to the court that you’ve made amends everywhere possible for your legal misstep. However, record sealing isn’t guaranteed approval just because you paid restitution. Working with a lawyer is recommended to make a strong legal case for expungement.
What Records Can’t Be Sealed?
Some offenses are not eligible for expungement, so they will remain on any public background check. Specifically, these include sex crimes and class Y felony convictions.
Class Y felonies include:
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1st degree murder
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Creating methamphetamine
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Kidnapping
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Rape
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Aggravated robbery
It’s important to note that sealing a record is entirely dependent upon your criminal history. A judge will review your petition, but if they feel as though you haven’t made a strong case, they can deny the request.
The Benefits To Sealing Your Record
When you have a criminal record, life is challenging. The types of jobs that accept employees with records aren’t always well-paying positions. For some companies, as soon as the background check comes back with a record, you’re out.
Housing is another area with frequent background checks, so if you’re in the market for a new place to live, your options will be severely limited. Landlords and apartment complexes will deny rental applications based on a criminal record. It’s the same for loans as well.
Expunging your record means that only law enforcement agencies can see your prior convictions — employers and financial institutions won’t see anything on their end. This opportunity allows for previous offenders to start anew and work towards a brighter future.
It’s challenging to remain positive when the old mistakes of the past are lingering in background checks. That’s why people petition to seal records. And judges consider this request for those who truly have changed.
Filing A Petition? Find Legal Aid
If you are considering a petition to expunge your criminal record, you want to make sure you get it right. One wrong move can set the process back, so you’ll wait longer to make your case to a judge. Considering employment, housing, and finances are on the line, you can’t afford any setbacks.
Schedule a consultation with Hickey & Hull Law Partners and find out how our legal team can help you prepare and file a petition for expungement. Let’s work together to show the judge that you’ve changed your life around and deserve a sealed record.