Moving on from a felony conviction in Arkansas can feel daunting, but the chance to expunge your record may allow you to reclaim lost opportunities and move forward with your life. Many Arkansans ask if it’s possible to erase a past felony and restore prospects for employment, housing, or even voting rights. Understanding the Arkansas expungement process is the first step. At Nelson & Marks PLLC, we bring our experience as former prosecutors and trial lawyers to every case, providing the direct attorney access and honest answers you need. Let’s dive into what it takes to expunge a felony in Arkansas, who qualifies, and how the process can change your future.
Who Qualifies to Expunge a Felony in Arkansas?
Eligibility for felony expungement in Arkansas depends on the type of offense, your criminal history, and your sentence completion. While many Class C and D felonies can potentially be sealed, violent felonies, gun-related charges, serious sexual offenses, and Class Y felonies are not eligible. Non-violent offenses such as some drug crimes or theft convictions may qualify, especially if they were a first offense. Always double-check your specific conviction and the law in place at the time of sentencing to determine eligibility.
Expungement may be possible if you have completed all terms of your sentence, including jail time, probation, parole, fines, and restitution. Arkansas’s laws recognize changes in eligibility as statutes are updated, so a conviction that was once ineligible may now qualify because of legislative reforms. If you received deferred adjudication or had a suspended imposition of sentence (SIS), different eligibility rules may apply—be sure to review your court paperwork for the exact wording.
Your overall situation also matters. The court will look at your entire record, whether you’ve had previous expungements, compliance with sentence terms, and any current open charges. Juvenile felony records in Arkansas have a separate expungement process with additional opportunities. For many people, confirming eligibility requires examining your conviction paperwork closely with a legal professional to avoid false starts.
Which Felony Charges Can & Cannot Be Expunged in Arkansas?
Arkansas statutes make it clear which felony convictions can never be sealed and which may be considered for expungement. Crimes that are ineligible include murder, manslaughter, aggravated robbery, rape, crimes requiring lifetime sex offender registration, and Class Y felonies. Any felony where a firearm or deadly weapon was involved is also not eligible for expungement. Knowing your specific charge classification is vital before filing a petition.
Class C & D felonies—especially non-violent, non-sexual offenses—are generally where eligibility begins. Many drug offenses, theft crimes, and first-offense property offenses may be considered. Arkansas has updated eligible offenses in recent legislative changes, so verifying the current list matters. Charges resolved through plea bargains or reduced to lesser counts sometimes qualify when original charges do not, highlighting the importance of reading court records closely.
How Long Do You Have to Wait Before Applying for Felony Expungement?
Timing is critical when seeking to expunge a felony in Arkansas. You can only apply after fully completing your sentence, which includes serving jail or prison time, successfully completing probation or parole, and paying all fines, fees, or restitution ordered by the court. Courts treat “completion of sentence” strictly—a missed payment or obligation will delay or prevent your petition from being considered.
Some felony convictions come with a mandatory waiting period once sentencing requirements are complete. While certain felonies are eligible immediately after sentence completion, others—especially if violence was involved or if the conviction was not your first—may require you to wait several years before filing for expungement. Carefully review whether any waiting or “cooling-off” period applies to your record.
If your sentence was a suspended imposition or deferred adjudication (SIS), you may become eligible to petition for expungement sooner. However, violations during probation, new charges, or unresolved obligations will almost always extend your waiting period. Always confirm your sentence end date with the court or your probation officer to ensure you meet the timeline rules set by state law.
What Steps Are Involved in the Arkansas Felony Expungement Process?
The process to expunge a felony record in Arkansas requires careful preparation and strict adherence to the law. Start by collecting all legal documents related to your conviction—these include the final judgment and commitment order, sentence completion certificates, and proof of paid fines or restitution. You’ll also need a recent background check from the Arkansas State Police to demonstrate your current criminal status.
Your next step is to complete and file a petition to seal (the Arkansas legal term for expungement) with the circuit court that handled your conviction. Be thorough and accurate when completing these forms, as mistakes often cause delays or outright denials. Along with your petition, submit all supporting documents, and pay any required court filing fees. Some petitions may require a court hearing; if so, a judge will review your case details, listen to any objections, and decide based on your eligibility and the law.
A typical expungement petition involves:
- Gathering certified disposition orders and sentence records
- Requesting an Arkansas State Police background check
- Collecting proof of sentence completion, paid fines, and restitution
- Preparing and filing the sealing petition in the correct county court
- Notifying the prosecuting attorney & allowing time for potential objections
- Attending a hearing if required by the judge
What Documents & Evidence Make a Felony Expungement Petition Strong?
Successful expungement petitions in Arkansas rely on comprehensive documentation and evidence of rehabilitation. Begin with certified copies of the court’s judgment and sentence order for every conviction you wish to expunge. Secure written proof of completed probation, parole, all payments, and any required court-ordered programs (such as drug treatment or counseling). If you have these records organized in advance, responding quickly to any court questions becomes much easier.
Character references can help your petition. Letters from employers, religious leaders, or community mentors show the judge you’ve made significant changes since your conviction. Arkansas courts may also ask for a statement about why sealing your record is important for your employment, family, or personal well-being. If so, be honest and specific when explaining your goals for rejoining society with a clean record.
Recent background checks, proof of no new charges, and evidence of employment or community service can also be valuable when included. Keep every receipt, document, or certificate related to your sentence requirements to show complete compliance. Well-organized, thoroughly documented petitions show Arkansas judges you’re prepared for a successful, law-abiding future—and increase your odds for a favorable result.
Why Are Some Arkansas Felony Expungement Petitions Denied?
We often help Arkansans understand why their felony expungement petition was denied—so future attempts can succeed. Many denials stem from ineligibility, either because the law excludes certain charges or because sentence requirements were not fully finished. Trying to expunge a non-qualifying offense or filing prematurely sets you up for disappointment, and repeated attempts may complicate future petitions. Reviewing statutory requirements or consulting with a lawyer before you apply can eliminate these errors.
Another frequent issue is incomplete paperwork. Expungement petitions with missing forms, unclear records, or incorrect details almost always get returned or denied. Filing your petition with the wrong court, failing to provide notice to the prosecutor, or omitting evidence of completed requirements can halt your progress. Each step in the process must be approached with attention to detail; even small technical mistakes can be costly.
Prosecutor or victim objections are also common reasons for denial. Concerns may arise if the judge or district attorney doubts rehabilitation, fears for public safety, or if there are still financial obligations outstanding. Resolving all monetary and probation-related issues before applying, and collecting strong personal references, help build a more compelling case.
What Is the Timeline & Cost to Expunge a Felony in Arkansas?
Felony expungement in Arkansas typically takes about three to six months from filing to final order. The exact timeline depends on the county, court backlog, and whether anyone objects to your petition. Delays are common when court records or documents are missing, or if there are questions about eligibility. Having a complete, organized application with all supporting evidence helps move your case along as efficiently as possible.
Expenses include government filing fees—usually between $50 and $200 per petition—as well as costs for copying records and running State Police background checks. Attorney fees, if you choose professional representation, vary with case complexity and the number of records you wish to seal. At Nelson & Marks PLLC, we tell clients exactly what to expect from the outset so there are no unwelcome surprises later in the process.
You may also need to budget for incidental expenses: time off work for hearings, transportation, or collecting required documents. These indirect costs are outweighed by the broad benefits of expungement, from increased earning potential to peace of mind. By treating the process with the seriousness it deserves, you give yourself the best chance for a renewed future.
What Can You Do If Your Felony Expungement Petition Is Denied in Arkansas?
No one wants an expungement denial, but Arkansas law allows room to address the reason and try again. First, read the judge’s written explanation for denial—the problem may be a correctable paperwork error, missed payment, or misunderstanding about eligibility. Once you know why your petition failed, fix what you can and prepare either to appeal or re-file if allowed.
Some denials may be appealed to a higher court, but appeals take time, carry additional costs, and are best considered if you believe the law was misapplied. Most successful outcomes come from correcting technical mistakes or supplementing missing documents, then submitting a new, stronger petition. Speak with an attorney about whether an appeal or a new filing is your best path forward.
If the denial related to finances, payment of all outstanding obligations is essential before reapplying. Carefully keep receipts and proof of payment for the court. Persistence, vigilance, and correct documentation increase your chance of success. Our team at Nelson & Marks PLLC routinely reviews denied petitions for overlooked flaws or missing details so clients can confidently return to court with a stronger case.
Will Expungement Remove a Felony from All Background Checks & Public Records?
Felony expungement in Arkansas effectively seals your record from most background checks, giving you a clean slate for employment and housing. Sealed records are no longer available on public court databases and will not appear on most Arkansas State Police background checks. This privacy protection is one of the most powerful parts of the expungement process, making it easier for Arkansans to move on with their lives.
However, exceptions exist. Courts, law enforcement, and regulatory agencies—including professional licensing boards—may still access sealed records if required for a specific purpose. For example, positions in education, child care, or law enforcement may require a full criminal background, including expunged records. Sometimes, commercial background check companies have outdated records, so it’s wise to run a check on yourself to ensure your sealed record is removed everywhere it should be.
To track your progress, order your own background check a few weeks after expungement is granted. If information is still appearing, you may need to contact reporting agencies and provide proof of expungement. Holding on to your court order can help resolve any future issues that arise. Our attorneys walk clients through each of these steps to make sure their record truly is as private as Arkansas law allows.
How Have Arkansas Expungement Laws & Felony Eligibility Changed Recently?
Arkansas lawmakers have broadened access to expungement over the last decade, notably with Act 1460 of 2013 and subsequent updates. Many Class C & D felonies once excluded under older statutes now may qualify for sealing, allowing people with older records to seek relief under expanded eligibility. New regulations also clarify notification requirements and procedures for defendants who may be eligible to clean up their records.
While reforms have made the process more accessible, they do not extend to every crime. Violent felonies, sex offenses, and any case involving a deadly weapon generally remain off limits. Each legislative session can bring changes that affect both current and prospective applicants, underlining the importance of working with legal professionals who monitor statutory updates. Even if you were denied expungement in the past, new laws may mean your felony is now eligible.
Contact Us Today
Felony expungement in Arkansas is a detailed legal process, with shifting eligibility requirements and specific court procedures. Direct access to seasoned trial attorneys with prosecution backgrounds offers an unmatched advantage. At Nelson & Marks PLLC, you never have to work through layers of junior staff. Instead, your case receives the focused, strategic attention of attorneys who know how prosecutors think and the arguments courts expect.
Our approach emphasizes clear communication and personal service. From your first call, you work directly with a knowledgeable attorney who guides you through every part of the process—gathering documents, filing petitions, preparing for hearings, and responding to any challenges. You always have a direct line to your advocate, helping you feel informed, supported, and confident as you pursue expungement.
When you are ready to move forward, reach out for a confidential consultation—we’re here to help you pursue a brighter future in Arkansas.