VERIFIED PETITION TO SEAL (EXPUNGE) CRIMINAL RECORD

(Arkansas – Circuit Court Template)

[// GUIDANCE: This template is drafted to comply with Arkansas’ record-sealing (commonly called “expungement”) statutes, currently codified at Ark. Code Ann. § 16-90-1401 et seq. Double-check all statutory cross-references and local-court rules before filing, and conform formatting (font size, margins, caption style) to the clerk’s published preferences for the specific judicial district.*]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Allegations & Requests for Relief
4. Representations & Warranties of Petitioner
5. Covenants & Continuing Obligations
6. Default; Vacatur; Remedies
7. Miscellaneous & General Provisions
8. Execution & Verification Block

1. DOCUMENT HEADER

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS
[CRIMINAL / DIVISION NUMBER] DIVISION

STATE OF ARKANSAS
v. Case No. [CASE NO.]
[PETITIONER LEGAL NAME],
Petitioner

VERIFIED PETITION TO SEAL (EXPUNGE) CRIMINAL RECORD

Effective Date: [DATE OF FILING]

RECITALS
A. On [DATE OF CONVICTION/ADJUDICATION] Petitioner was convicted / received a suspended imposition of sentence (SIS) / completed a diversion program for the offense(s) of [SPECIFY OFFENSE(S)] in the above-captioned matter.
B. Petitioner has completed all terms and conditions of the sentence, including incarceration, probation, payment of fines, court costs, restitution, fees, and any treatment requirements.
C. The statutory waiting period of [X months/years] applicable to the above offense(s) under Arkansas law has elapsed.
D. Petitioner now seeks to have all records of the above matter sealed pursuant to Ark. Code Ann. § 16-90-1401 et seq., thereby restoring Petitioner “to all rights and privileges not otherwise barred by law.”

2. DEFINITIONS

[// GUIDANCE: Include or delete terms to suit the facts; maintain alphabetical order.]

“Completion of Sentence” – The later of: (i) release from incarceration; (ii) termination of probation or parole; and (iii) payment in full of all fines, fees, costs, and restitution.

“Eligible Offense” – An offense that Arkansas law permits to be sealed, excluding violent or sexual felonies, Class Y felonies, and any other disqualifying convictions specifically enumerated by statute.

“Petitioner” – The individual seeking relief, identified as [PETITIONER FULL LEGAL NAME], including all aliases listed in subsection 3.2.

“Seal” or “Sealing” – The statutory process that removes public access to covered records while permitting limited access for law-enforcement and other entities as expressly authorized by law.

“Waiting Period” – The minimum statutory time that must elapse after Completion of Sentence before a sealing petition may be filed for a particular class of offense.

3. OPERATIVE ALLEGATIONS & REQUESTS FOR RELIEF

3.1 Jurisdiction & Venue
a. This Court has jurisdiction under Ark. Code Ann. § 16-90-1401 et seq.
b. Venue is proper because the conviction occurred in this Court.

3.2 Petitioner Identification
• Full Legal Name: [NAME]
• Date of Birth: [DOB]
• Last Four Digits of SSN: [XXXX]
• Aliases/Maiden Names: [LIST OR “None”]
• Current Address: [ADDRESS]

3.3 Conviction Details
• Offense(s): [OFFENSE(S) & STATUTE(S)]
• Class of Offense: [Class A Misdemeanor, Class D Felony, etc.]
• Disposition Date: [DATE]
• Sentence Imposed: [DETAILS OR “SIS”]

3.4 Satisfaction of Statutory Criteria
a. The offense(s) are Eligible Offense(s).
b. The requisite Waiting Period of [X] years/months has expired.
c. Petitioner has no charges presently pending in any jurisdiction.
d. All financial obligations have been satisfied in full.
e. Petitioner has not been convicted of any other felony since the Completion of Sentence.

3.5 Public-Interest Statement (Optional but Recommended)
The continued public availability of the records imposes demonstrable hardship on Petitioner’s ability to secure employment, housing, and educational opportunities, and sealing the records would serve the interests of justice and public policy by facilitating successful reintegration.

3.6 Prayer for Relief
WHEREFORE, Petitioner respectfully requests that the Court:
1. Order all records in this matter sealed in compliance with Arkansas law;
2. Issue the appropriate Order to Seal directing the Clerk of Court, the Arkansas Crime Information Center (ACIC), the arresting agency, and any other custodian of the records to take all steps necessary to seal the records; and
3. Grant such other and further relief as the Court deems just and proper.

4. REPRESENTATIONS & WARRANTIES OF PETITIONER

4.1 Petitioner represents, warrants, and affirms that all factual statements herein are true and correct to the best of Petitioner’s knowledge, information, and belief.

4.2 Petitioner further acknowledges that if any material misrepresentation is discovered, the State may move to vacate any Order to Seal issued herein.

5. COVENANTS & CONTINUING OBLIGATIONS

5.1 Notice of Subsequent Charges. Petitioner shall promptly notify the Court and the prosecuting attorney of any criminal charges filed against Petitioner before entry of the Order to Seal.

5.2 Compliance. Petitioner covenants to comply with all lawful orders entered in this matter and agrees to furnish additional documentation reasonably requested by the Court or the prosecuting attorney in support of this Petition.

6. DEFAULT; VACATUR; REMEDIES

6.1 Events of Default. Any of the following shall constitute a default:
a. Material falsity in any statement or document submitted with or in support of this Petition; or
b. Failure to satisfy a statutory prerequisite that becomes known after entry of an Order to Seal.

6.2 Remedies. Upon a default, the prosecuting attorney may move, and the Court may order, that:
• The Order to Seal be set aside;
• The records be unsealed; and
• Additional sanctions be imposed as permitted by law.

7. MISCELLANEOUS & GENERAL PROVISIONS

7.1 Governing Law. This Petition and any resulting Order shall be construed under the laws of the State of Arkansas.

7.2 Severability. If any provision of this Petition or any Order entered thereon is found invalid, the remaining provisions shall continue in full force to the maximum extent permitted.

7.3 Integration. This Petition constitutes the entire request for relief; no prior or contemporaneous statements shall have legal effect unless incorporated herein.

7.4 Electronic Signatures. Where allowed by local rule, signatures transmitted electronically or via facsimile shall be deemed originals.

8. EXECUTION & VERIFICATION BLOCK

DATED: [DATE]

Respectfully submitted,

[PETITIONER NAME]
Petitioner, pro se OR
By Counsel: [ATTORNEY NAME], Ark. Bar No. [#####]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

VERIFICATION

STATE OF ARKANSAS )
COUNTY OF [COUNTY] ) ss.

I, [PETITIONER NAME], being duly sworn, do hereby state under penalty of perjury that I have read the foregoing Verified Petition to Seal, know the contents thereof, and that the matters and facts stated therein are true and correct to the best of my knowledge, information, and belief.

[PETITIONER NAME]

SUBSCRIBED AND SWORN to before me this ___ day of ____, 20__.

Notary Public
My Commission Expires: ______

[// GUIDANCE: 1) Attach proof of Completion of Sentence (probation discharge letter, payment receipts, etc.).
2) Serve a copy on the prosecuting attorney in accordance with Ark. Code Ann. § 16-90-1405 and local rule.
3) Many Arkansas courts require the draft “Order to Seal” to be submitted simultaneously—prepare a separate proposed order.
4) Confirm that the ACIC cover sheet (if still required) is completed and accompanies the filing. *]