Many Arkansas hunters and sports shooters assume that sealing a past felony restores their right to possess a firearm. This misunderstanding can lead to new criminal charges. Sealing a record typically hides it from the public with some exceptions. But restoring the legal right to own a firearm most often requires a full pardon from the Governor of Arkansas.
The difference between sealing a record and restoring rights
In certain cases, Arkansas law allows people to petition the court to seal past convictions in a process known as Sealing the Record (formerly called expungement). A successful petition typically hides the case files from public view, but law enforcement and certain entities can still see the underlying record.
Sealing a felony record accomplishes specific goals:
- Hiding the offense from standard public background checks (with some exceptions)
- Letting the person claim a clean record on private job applications if the case was sealed and dismissed under the First Offender’s Act (Act 346)
- Preventing general public access to court documents
Since sealing leaves the felony status intact for law enforcement, a person caught with a firearm faces severe penalties unless the felony was sealed and dismissed pursuant to the First Offender’s Act (Act 346).
Why a governor’s pardon is necessary for firearm possession
The state executive branch holds the power to forgive a crime. A pardon goes beyond a court seal by formally excusing the past offense. If an applicant seeks to have gun rights restored, he/she must request the restoration of firearm rights on the application. A person seeking this
type of relief will note on the application they are requesting a Pardon with Firearm Rights Restored (Option #1). In some circumstances, a person may want to just apply for his/her firearm rights to be restored without seeking a full pardon. If so, the applicant will note on the application by checking Option #4 – Restoration of Firearm Rights Only. However to be eligible, the crime must be 8 years old and no weapons involved along with the letter from the Sheriff in the county in which the applicant resides.
The Arkansas Post Prison Transfer Board (formally called the Arkansas Parole Board) reviews these applications and makes a recommendation to the governor. After the Board’s recommendation to the governor, the file is sent to the governor’s office. Once the governor’s office receives the file, the governor has 240 days to make a final decision on the application. A pardon without the firearm request leaves a person barred from owning a gun. To apply for a pardon, an applicant must complete the application, gather court documents, write a personal statement and get letters of recommendation. This process requires a great deal of time and preparation.
Where this leaves Arkansas hunters and shooters
A past conviction does not have to mean a lifetime ban from the woods or the shooting range. However, guessing about eligibility and picking up a firearm can trigger federal and state penalties.
Handling the paperwork for a governor’s pardon takes a legal strategy. Working with a criminal defense attorney who handles Petitions to Seal and Pardon Applications can clarify these boundaries. Understanding where one’s civil rights stand helps prevent unnecessary risks.