HB1638 Summary

• Establishes the Comprehensive Criminal Record Sealing Act of 2013 to consolidate, clarify, and simplify Arkansas criminal record sealing procedures by repealing prior expungement statutes (§§ 16-90-601 through 16-90-906).

• Allows persons to petition courts to seal misdemeanor and violation records 60 days after sentence completion, with most offenses eligible immediately but certain crimes (DWI, domestic battery, indecent exposure, etc.) requiring a 5-year waiting period.

• Permits sealing of Class C and D felony convictions 5 years after sentence completion if petitioner has no more than one prior felony conviction, with clear and convincing evidence standard for court approval.

• Prohibits sealing of Class Y, A, and B felonies (except certain Class C/D felonies), sex offenses involving minors, violent felonies, and felonies where defendant served time in Department of Correction.

• Establishes uniform petition and order forms administered by Arkansas Crime Information Center; requires $50 filing fee split between state administration of justice fund and local treasuries; effective January 1, 2014.