Expungement Attorney in Bentonville, AR

Clearing Your Record in Benton County with Direct Partner Representation

A criminal record follows you long after a sentence is served. It can close doors to jobs, housing, and professional licenses before you ever get a chance to explain yourself. Arkansas law provides a formal path through a process called record sealing, which most people know by the more common term “expungement.” At , we handle these petitions for clients in Bentonville and across Benton County, and clients work directly with a named partner from the first call through the final court order.

Thomas Marks brings over 12 years of trial experience to this work, including extensive time as a prosecutor. That means we understand how prosecuting attorneys read a sealing petition and what can give them reason to object. That perspective shapes how we prepare every filing.

If you’re ready to find out whether your record qualifies, call us at (479) 202-4541 or reach out through our online contact form. We offer free initial consultations and give clients direct access to their attorney from day one.

What Record Sealing Actually Does in Arkansas

Arkansas statutes use “record sealing” as the precise legal term, though expungement is how most people search for it and how it’s discussed in everyday conversation. The two terms describe the same outcome here. Under Arkansas Code § 16-90-1417, once a court grants a petition to seal, the underlying offense is deemed by law never to have occurred. You can legally state that no conviction exists and that no record of it exists.

In practical terms, a sealed record won’t appear in standard background checks run by most employers, landlords, or screening services. Certain parties do retain access: law enforcement agencies, courts, state licensing boards, and government entities can still view sealed records in defined circumstances. It’s also worth knowing that sealing a conviction doesn’t automatically restore firearm rights lost as a result of that conviction. Restoration of those rights follows a separate legal process.

Eligibility for Sealing Under Arkansas Law

Eligibility is governed by the Comprehensive Criminal Record Sealing Act of 2013, codified at Arkansas Code § 16-90-1401 et seq. The rules vary by offense type, and every situation requires a careful look at the specific charge, the sentence imposed, and whether all obligations have been met.

Here is how the framework generally breaks down:

Misdemeanors:

• Most misdemeanor convictions are eligible immediately after full completion of the sentence, including payment of all fines, restitution, and court costs
• There is no cap on the number of misdemeanors that may be sealed
• Third-degree battery, indecent exposure, and certain other misdemeanors carry a five-year waiting period after sentence completion; driving while intoxicated carries a separate 10-year waiting period

Felonies:

• Non-violent Class C and D felonies and certain drug felony convictions may be eligible immediately after sentence completion
• Violent Class C and D felonies carry a five-year waiting period
• Having more than one prior felony conviction disqualifies an individual from sealing any additional felony record

Offenses That Cannot Be Sealed:

• Class Y felonies, capital offenses, murder, rape, and kidnapping
• Violent Class A and B felonies, other than certain drug crimes
• Sexual offenses involving minors
• Unclassified felonies carrying a maximum sentence of 10 or more years

Arrests where charges were never filed, cases that ended in dismissal or acquittal, and cases where the prosecutor filed a nolle prosequi may also qualify, generally with no waiting period. The First Offender Act (Act 346) provides a separate path for first-time offenders who complete probation: the case can be sealed and dismissed without a formal conviction ever entering the record.

All pending charges must be resolved, and no new convictions can occur during any applicable waiting period.

The Petition Process at Benton County Circuit Court

Records aren’t sealed automatically by the passage of time. Filing a petition to seal is a formal legal proceeding, and the steps matter. For most Bentonville-area clients, the petition is filed with the Benton County Circuit Court in the county where the conviction occurred.

Steps in the Filing Process

The process generally involves these steps:

• Obtaining records: You’ll need an Arkansas Crime Information Center (ACIC) criminal history record and a copy of the Judgment and Commitment Order from the sentencing court
• Filing the petition: The petition is served on the prosecuting attorney and the arresting agency
• Objection period: For felony petitions, the prosecutor has 90 days to object; for misdemeanors, opposing parties have 30 days to file a notice of opposition
• Hearing: If the prosecutor objects, the court may schedule a hearing where the petitioner presents evidence supporting the petition
• Final order: If the court grants the petition, a Uniform Order to Seal is certified to the prosecuting attorney, arresting agency, ACIC, and Administrative Office of the Courts

Why Petitions Get Denied

Common reasons for denial include ineligibility, unresolved sentencing obligations such as unpaid fines or incomplete probation, and errors in the paperwork itself. Filing fees typically range from $50 to $150 depending on the county and offense type. Because Thomas Marks has worked on the prosecution side of these proceedings, we build our petitions with a clear view of how objections may be framed and what the court may want to see.

Questions about whether your record qualifies? Call (479) 202-4541 or contact us online for a free consultation. We serve clients in Bentonville, Benton County, and across Northwest Arkansas.