Helping You Through The Expungement/Petition To Seal And Pardons Process

A past mistake should not dictate the rest of an individual’s life. In Arkansas, the legal mechanism to move forward is often misunderstood. While many people still use the term expungement, the Arkansas Comprehensive Criminal Record Sealing Act of 2013 transitioned the legal process to what is now formally known as a Petition to Seal.

At Epperson Panasiuk Law in Little Rock, solo attorney Pamela Epperson understands the complex nature of the expungement process in Arkansas. She is a former prosecutor for the state with decades of experience and knows what factors impact this process.

Understanding Expungement Vs. Petition To Seal

In Arkansas, while expungement is often used in conversation, the formal legal process is a Petition to Seal. The Comprehensive Criminal Record Sealing Act of 2013 formally uses the term sealing to describe what most people think of as expunging. Sealing means a record is sequestered and treated as confidential; it does not result in the physical destruction of the record unless specifically mandated by a particular statute.

Are You Eligible To Apply For A Petition To Seal?

Attorney Pamela can review a client’s eligibility to file a petition to seal their criminal record. If clients are eligible, she will file a petition on their behalf with the court.

The prosecuting attorney has exactly 30 days from the date of service to file a notice of opposition to the petition. If the prosecutor does not object, the court may sign the order at its discretion; however, for felony petitions, a hearing is typically required before the order can be granted. If the prosecutor does object to the request, Pamela can represent clients at a hearing to determine if the petition to seal will be granted or not.

It is important to work with a lawyer who understands and stays up-to-date with new laws as many charges or convictions require you to wait a certain amount of time before you can apply for an petition to seal. Pamela can make sure the case is carefully evaluated and that her clients are given the best opportunity to have their expungements granted.

The Benefits Of Sealing Your Record

In a competitive economy like Little Rock’s, where the median household income is $60,759 and major industries include specialized medical services and education, a clean background check is an essential asset. Post-conviction relief attorney Pamela Epperson emphasizes that a successful petition to seal offers several life-changing advantages:

• Employment opportunities: Most private employers will not see the conviction; however, employers in specific regulated sectors are legally entitled to view sealed records during the hiring process.
• Housing access: Landlords and property management companies often use background checks to vet tenants; a sealed record removes a significant barrier to quality housing.
• Professional licensing: For those pursuing careers in trades, sealing a criminal record can be the difference between receiving a license and being denied. However, sealing a record does not hide it from licensing boards for nursing or teaching, as these entities have statutory authority to access sealed criminal histories.
• Educational advancement: While recent changes to federal law have already removed some prior criminal history barriers to financial aid, sealing allows an applicant to legally deny the existence of the record on most college applications.

Strategic Advocacy For Your Petition To Seal

The process of filing a petition to seal is not always automatic. When a petition to seal is necessary, it must be formally filed in the circuit or district court of the county where the offense occurred. The prosecutor has 30 days to object to a petition; however, for felony offenses, a court hearing is generally required by statute before the record can be sealed. This is where Pamela Epperson’s 25 years of experience becomes an invaluable asset. She handles the heavy lifting – from verifying eligibility under the 2013 Act to drafting the petition and representing you in court if the state challenges your request.

Frequently Asked Questions

Navigating the transition from expungement to a petition to seal often brings up specific legal questions. These answers provide a baseline for understanding your rights under Arkansas law.

Who qualifies for a criminal record sealing?

Eligibility for a petition to seal depends on the classification of the crime. Most nonviolent misdemeanors are eligible for sealing immediately upon completion of the sentence; however, specific offenses like DWI require a 10-year waiting period, and others like third-degree domestic battery require five years.

What is the difference between a pardon and a petition to seal?

A pardon is an act of executive clemency from the governor that forgives the crime but does not automatically seal the record. A petition to seal is a judicial action that hides the record from public view. A pardon is not a prerequisite for sealing eligible offenses; rather, it is a separate form of executive relief that, once granted, typically requires the court to seal the record regardless of the underlying offense’s standard eligibility.

How long does the expungement process take in Arkansas?

While the state has 30 days to object, once an order is signed, the Arkansas Crime Information Center (ACIC) has an additional 30 days by law to process the order (AR DPS Rules). However, court backlogs for hearings can extend the process to four to six months.

Pardons

Pamela has experience helping individuals apply for pardons in the state of Arkansas. This process can take a while, so it is important to make sure the application is handled properly from the start.

She can help clients apply for a pardon. The Arkansas Parole Board will make a recommendation to the governor, who will ultimately decide to grant the pardon or not. In some cases, it may be beneficial to request a meeting with the parole board where she can argue on her clients’ behalf as to why they should receive a pardon.

Contact An Experienced Law Firm

These issues can be very complex and difficult to handle on your own. Let an experienced attorney help you through the entire process. To discuss your options regarding expungement and pardons, contact the firm online or call Epperson Panasiuk Law at 501-712-3740 for a free initial consultation.