DUI Expungement in Arkansas

What is DUI expungement, and is it possible in Arkansas?

DUI expungement is the process of having a DUI conviction removed from one’s criminal record. It is possible in Arkansas; however, it is not automatic. Depending on the type of DUI offense and the defendant’s criminal history, a petition for expungement must be filed with the court and the court must grant the request before the DUI conviction can be expunged.

What are the eligibility criteria for DUI expungement in Arkansas?

In Arkansas, the requirements for DUI expungement are as follows:

1. The offense must not be a felony, including any DWI or DUI charges.

2. The person must have no other criminal convictions.

3. All fines related to the charge must have been paid in full.

4. The person must have completed all terms of their sentence, including probation and/or community service.

5. At least five years must have passed since the completion of the sentence, or since the offense was committed, whichever is later.

6. The person must have no other pending charges or arrests.

Is there a waiting period before someone can apply for DUI expungement in Arkansas?

Yes, there is a waiting period before someone can apply for DUI expungement in Arkansas. The waiting period for DUI expungement in Arkansas is five years. There are, however, certain exceptions to this rule, such as if the individual has successfully completed a substance abuse program.

What types of DUI convictions may be eligible for expungement in Arkansas?

In Arkansas, most misdemeanor DUI convictions may be eligible for expungement. However, felony DUI convictions and any DUI convictions that resulted in the death of another person are not eligible for expungement.

Are there specific conditions or rehabilitation programs required for expungement eligibility in Arkansas?

Yes, there are specific conditions that must be met in order for a person to be eligible for expungement in Arkansas. The requirements vary depending on the offense and the type of expungement being sought. Generally, the person must be at least 18 years old, have completed any court-ordered rehabilitation program or sentence, and must not have any pending criminal charges or convictions. If the person is seeking expungement for a felony offense, they must also have a clean record for at least five years. Additionally, certain types of expungement may require proof of successful completion of a community service program, completion of an educational program or participation in a drug or alcohol treatment program.

How does someone initiate the DUI expungement process in Arkansas?

In order to start the process of expunging a DUI in Arkansas, individuals must first obtain a copy of their driving record from the Arkansas Office of Motor Vehicle. Then they need to complete the necessary forms for expungement and submit them to the circuit court clerk in the county of conviction. If approved, the court order will be sent back to the individual for their records. After that, they must submit the order to the Arkansas State Police in order for it to be entered into their driving record.

What documentation or evidence is needed when applying for expungement in Arkansas?

When applying for expungement in Arkansas, you must submit documentation or evidence that shows you meet the eligibility requirements and that all requirements for the expungement have been met. This may include a certified copy of the court order that granted your original conviction, a certified criminal history report from Arkansas State Police, any applicable documents related to the completion of any court-ordered programs or probation, and any other relevant evidence to demonstrate you meet the requirements of AR Code 16-90-901.

Are there fees associated with filing for DUI expungement in Arkansas?

Yes, there are fees associated with filing for DUI expungement in Arkansas. These fees vary depending on the county in which the individual resides, but can range from $50 to $150.

Can individuals with multiple DUI convictions apply for expungement in Arkansas?

Yes, individuals with multiple DUI convictions in Arkansas may be eligible for expungement, depending on the circumstances of the convictions and the individual’s criminal record. In order to be eligible, the individual must have completed all terms of their sentence, including fines, probationary periods, etc. The individual must also not have any other pending criminal charges or convictions and must meet all other requirements for expungement in Arkansas.

Does expungement result in the complete removal of the DUI record, or is it sealed in Arkansas?

In Arkansas, expungement of a DUI record does result in the complete removal of the record.

How do employers, landlords, and background check companies view expunged DUI records in Arkansas?

Employers, landlords, and background check companies typically cannot view expunged DUI records in Arkansas. An expungement is a court order that seals or destroys the record of a criminal conviction, and the record is no longer accessible to the public. However, even if the DUI is expunged from public record, there are certain organizations (such as the military and certain law enforcement agencies) that still have access to your DUI record. Additionally, employers may still be able to learn of your DUI conviction if they conduct a more extensive background check.

Is there a difference between expungement and setting aside a DUI conviction in Arkansas?

Yes, there is a difference between expungement and setting aside a DUI conviction in Arkansas. Expungement is a process by which a criminal record is sealed or erased from public view. Setting aside a DUI conviction, however, means that the court has agreed to vacate the conviction and “set it aside”. This means that the conviction has been removed from your record, but the court still keeps a record of the conviction.

Can expunged DUI records be used against an individual in future DUI cases in Arkansas?

No, an expunged DUI record cannot be used against an individual in a future DUI case in Arkansas. According to Arkansas law, an expunged record is to be treated as if it never existed. Therefore, it cannot be used as evidence against the individual in any criminal proceedings.

Do expunged DUI records affect professional licensing or certifications in Arkansas?

Expunged DUI records may still affect professional licensing or certifications in Arkansas. Depending on the profession, the licensing board may inquire about an applicant’s criminal history, including past DUI convictions, even if they have been expunged. It is important to check with the specific board or agency that handles your profession to find out more information.

Are there any restrictions on firearm ownership after DUI expungement in Arkansas?

Yes. According to state law, anyone convicted of a felony or a crime of violence may not possess a firearm or ammunition for at least five years from the date the conviction was expunged. Additionally, anyone convicted of a misdemeanor domestic violence offense may not possess a firearm or ammunition for at least three years from the date the conviction was expunged.

Is there a waiting period for expungement to take effect after approval in Arkansas?

Yes, there is a waiting period for expungement to take effect after approval in Arkansas. Upon filing a petition for expungement, the court could take up to 120 days to approve or deny the petition. Once the petition is approved, there is a 30-day waiting period before the expungement takes effect.

What role does the court or prosecutor play in the DUI expungement process in Arkansas?

The court or prosecutor plays an important role in the DUI expungement process in Arkansas. Before any expungement of a DUI conviction can be considered, the petitioner must file a petition for expungement of the conviction with the court that presided over the original DUI conviction. The court will then review the petition and determine if it meets the legal criteria for expungement. Once approved, the petition is then sent to the prosecuting attorney to review and sign off on. If the prosecuting attorney does not sign off on the petition, it is sent back to the court for further review. The court will then decide whether or not to grant the expungement.

Are there resources or organizations that provide guidance on DUI expungement in Arkansas?

Yes, there are several resources and organizations that provide guidance and information on DUI expungement in Arkansas. The Arkansas Bar Association provides a comprehensive guide to expungement in Arkansas. The Arkansas Public Defender Commission also provides information on DUI expungement. The ACLU of Arkansas also provides information on expungement in Arkansas. Additionally, the Administrative Office of the Courts offers information about the expungement process in Arkansas.

What is the timeline for completing the DUI expungement process in Arkansas?

In Arkansas, the expungement process typically takes between three and four months. The first step is to file a petition for expungement with the court. Once the petition is approved, the court will order the Arkansas State Police to conduct a background check. If the background check is favorable, the court will enter an order and instruct the State Police to seal your records. Finally, the State Police will notify all relevant agencies about the expungement, and your records will be sealed.

How does DUI expungement impact immigration status, if applicable in Arkansas?

DUI expungement does not directly impact immigration status in Arkansas. However, expunging a DUI from your record may improve your chances of obtaining or keeping certain immigration benefits. Generally, having a clean criminal record will make it easier to obtain a visa, become a naturalized citizen, or obtain other immigration benefits.