Epperson Panasiuk Law Criminal Law Attorney | Epperson Panasiuk | Little Rock 2026-03-20T23:25:44Z https://www.eppersonpanasiuklaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1304351/2022/03/cropped-site-identity-32x32.jpg On Behalf of Epperson Panasiuk Law <![CDATA[Is your Arkansas criminal record eligible for ‘sealing’?]]> https://www.eppersonpanasiuklaw.com/?p=47861 2026-03-20T23:25:44Z 2026-03-20T23:25:44Z Misdemeanor offenses Most people find that clearing a misdemeanor is a relatively straightforward process under the state’s Comprehensive Criminal Record Sealing Act of 2013. You can generally file your petition immediately after you complete your full sentence, including all fines and probation. The faster timeline helps you move past minor mistakes without unnecessary delays. However, certain convictions trigger different rules. Here are exceptions:
  • DUI and DWI convictions require a 10-year waiting period from the date of the conviction.
  • Certain sexual offenses or crimes involving violence remain ineligible for sealing.
  • Public officials face stricter standards for crimes related to their official duties.
Meeting the specific requirements represents the first step toward a clean slate. Once the court approves your petition, most employers will no longer see these marks on your background check.

Felonies are a steeper hill to climb

Clearing a felony record in Arkansas is more complex than clearing a misdemeanor record. State law primarily allows you to seal Class C and Class D felonies, though certain nonviolent drug offenses also qualify. While you can seal nonviolent felonies immediately after finishing your sentence, violent offenses require a five-year waiting period. The process involves intense scrutiny from the court and the prosecutor's office. If your conviction involved a firearm or certain high-level felonies, you may be ineligible for expungement. The combination of strict rules and judicial oversight creates a significant hurdle for many applicants.

Rewards of sealing criminal records

Successfully sealing a record does more than just hide a file in a courthouse basement. It restores your legal status, as if the incident never happened, in most daily interactions. You can finally check "no" on job applications that ask about your criminal history. In general, expungement unlocks the following benefits:
  • Better housing options become available without the fear of a rejected lease.
  • Professional licenses for trades or nursing become easier to pursue.
  • Peace of mind replaces the constant worry of past judgment.
The benefits can change the entire trajectory of your life and career. A clean record lets you focus on your goals rather than your past.

Avoid the risks of DIY filing

Arkansas’s expungement process uses complex rules that can confuse anyone trying to file the paperwork on their own. One mistake can lead to a denial, forcing you to start the long process over again. A skilled criminal defense attorney helps determine your eligibility and ensures that your application meets all state requirements. They provide the best chance at a successful outcome when your reputation and future are on the line.]]> On Behalf of Epperson Panasiuk Law <![CDATA[Can challenging evidence help people fight criminal charges?]]> https://www.eppersonpanasiuklaw.com/?p=47797 2026-03-09T21:38:13Z 2025-05-21T23:23:19Z By showing that something improper happened There are many restrictions on police officer conduct. For example, they cannot conduct searches without probable cause, permission or a warrant. They have to inform people of their Miranda rights before questioning them after an arrest. They must respect an individual's right to remain silent and allow them to contact an attorney if they request to do so. In many cases, lawyers successfully challenge the prosecutor’s evidence by invoking the exclusionary rule. They show that police officers broke the law or violated an individual's rights to prevent the use of ill-gotten evidence during a criminal trial.

By questioning technical details

It is sometimes possible to challenge the use of evidence on the basis of inaccuracy or contamination. For example, chemical test results from an uncalibrated breath test unit may not hold up under scrutiny and prove beyond a reasonable doubt that an individual had an elevated blood alcohol level. Gaps in the chain of custody or issues with scientific procedures can provide defense attorneys with an opportunity to challenge the use of evidence on the basis that it is inaccurate or unreliable. Expert witnesses can play a key role in challenging questionable forensic evidence. Preventing prosecutors from using certain evidence can sometimes lead to the dismissal of pending charges or help pave the way for a straightforward criminal defense strategy. Defendants who talk about the origins of state evidence with a skilled legal team can determine if the state's case may not be as strong as it initially appears.]]> On Behalf of Epperson Panasiuk Law <![CDATA[What it means to face constructive possession drug charges]]> https://www.eppersonpanasiuklaw.com/?p=47792 2026-03-17T21:58:57Z 2024-08-31T15:08:36Z What does constructive possession entail? The term constructive possession refers to a scenario in which the state can infer that an individual possessed illegal drugs. Whether the substance in question is a prescription medication that belonged to someone else or a prohibited substance, possessing the drug may be a crime under state law. Police officers sometimes find drugs not in someone's pocket or purse but instead under a couch cushion or hidden in the trunk of a car. When the drugs aren't in someone's physical possession, prosecutors build the case based on constructive possession. They use circumstantial evidence to try to prove that one person knew the drugs were there and had control over them. Factors that contribute to constructive possession claims include:
  • a prior criminal record
  • social connections to those involved in the drug trade
  • proximity
  • ownership of the vehicle that contained the drugs
  • social media posts
  • the possession of objects that could be paraphernalia, like postage scales and sandwich bags
Police officers and prosecutors often try to blame one individual for drugs found in a space where more than one person may have had access.

There are ways to fight charges based on constructive possession

The good news for defendants accused of possessing a drug that wasn't in their possession is that there are multiple potential defense strategies available. In some cases, there may be forensic evidence indicating that someone else handled the drugs. Other times, there might be alternate explanations, such as sharing a vehicle or carpooling with coworkers. Reviewing the state's evidence with a skilled legal team can help those facing drug charges based on constructive possession choose an appropriate defense strategy. Those who have the right help can potentially avoid a conviction when facing charges based on claims of constructive possession.]]> On Behalf of Epperson Panasiuk Law <![CDATA[3 ways the Fifth Amendment protects criminal defendants]]> https://www.eppersonpanasiuklaw.com/?p=47791 2024-06-04T01:01:08Z 2024-06-04T01:01:08Z By preventing double jeopardy One of the most important rules included in the Fifth Amendment is protection from repeat prosecution. Double jeopardy or prosecuting an individual repeatedly for the same exact criminal incident is a violation of someone's Constitutional rights. Under double jeopardy rules, prosecutors cannot bring charges a second time against someone acquitted at trial.

By limiting self-incrimination

Technically, people have the option of confessing to criminal actions at any time. Those accused of breaking the law can cooperate with the state as part of a broader investigation or while negotiating a plea deal for a lesser sentence. However, if someone decides to defend against pending charges, the Fifth Amendment protects them. While they may need to submit to questioning during a trial, the courts cannot compel them to answer questions that might incriminate them in some way. Defendants on the stand can plead the Fifth to avoid answering questions that could make them look guilty. Individuals testifying in someone else's trial or even in the civil courts can also invoke the Fifth Amendment to avoid implicating themselves.

By ensuring the right to a fair trial

The Fifth Amendment also provides the basis for the right to a fair trial. A fair trial requires neutral judges and jurors. The Fifth Amendment also extends the right to a trial by jury, although people have the option of waiving that right in certain circumstances. Overall, the protections extended by the Fifth Amendment make it easier for people to properly respond to criminal charges. Those who understand the Fifth Amendment can use their rights to achieve a better outcome when accused of criminal wrongdoing.]]> On Behalf of Epperson Panasiuk Law <![CDATA[How can plea deals potentially help defendants?]]> https://www.eppersonpanasiuklaw.com/?p=47790 2024-03-08T12:39:16Z 2024-03-08T12:39:16Z plea deal offers several potential benefits, including giving the defendant some control over what happens with their case. Understanding how these deals can help certain defendants is beneficial for those who are considering it as an option to resolve a criminal case.

Charges reduction

One of the most significant benefits of a plea deal for defendants is the possibility of having their charges reduced. This aspect of plea bargaining can substantially affect a case's outcome and the defendant's future. A defendant might plead guilty to a lesser offense than the original charge as part of a plea deal. For instance, a felony charge could be reduced to a misdemeanor, typically carrying a lighter sentence, fewer legal repercussions and lesser impacts on the defendant's public record. Reducing charges through a plea deal can also alter a defendant's social and economic consequences. For example, a felony conviction can result in losing certain civil rights, such as the right to vote and to pursue certain employment opportunities. It can also affect immigration status. By agreeing to plead guilty to a lesser charge, defendants can potentially avoid some of these severe consequences, making plea deals a strategic choice in certain situations.

Strategic considerations for defendants

The decision to accept a plea deal isn’t one to be taken lightly. Defendants must weigh the benefits of possibly receiving a reduced sentence against the certainty of a conviction. This process often involves careful negotiation and legal strategy. While plea deals often offer the advantage of reduced charges and sentences, they also require a defendant to forfeit their right to a trial by jury and their right to appeal their conviction and sentence. This means the decision should be made with a full understanding of its implications. Defendants should have a legal representative assist them with the process so they can ensure that they’re making truly informed decisions either way.]]> On Behalf of Epperson Panasiuk Law <![CDATA[How can someone pursue a pardon in Arkansas?]]> https://www.eppersonpanasiuklaw.com/?p=47785 2026-03-17T22:00:34Z 2023-12-07T14:55:47Z The clemency process is a lengthy one Those petitioning for clemency and seeking a pardon generally have a serious state conviction on their record. They may have new evidence or details of extenuating circumstances that they believe would prompt the Governor to view their petition favorably. If successful, a request for a pardon could lead to an end of someone's criminal penalties. They may also become eligible to remove the prior conviction from their criminal record. Someone currently in state custody and anyone with a conviction on their record can potentially apply for clemency, but they will generally need to be patient. The Governor has the authority to grant a reprieve, commute a sentence or outright pardon someone for a prior criminal conviction. It can take a while to obtain a review by the Governor. They submit an application for review to the Board of Parole. The Board helps determine if the application warrants a hearing. If the hearing occurs, the victim may receive notice about the request for clemency. They will have the option of submitting a letter or testifying in person about their opinions on the matter. It is only after the hearing that the application for clemency will pass to the Governor, along with a written recommendation from the Board of Parole. When the Governor feels inclined to approve an application for clemency, they must publish notice of that fact and allow for public comment over a 30-day period. Seeking a pardon or clemency from the governor requires careful preparation. Securing appropriate legal support can increase someone's chances of obtaining justice after an inappropriate criminal conviction.]]> On Behalf of Epperson Panasiuk Law <![CDATA[Will I be able to get my marijuana conviction removed?]]> https://www.eppersonpanasiuklaw.com/?p=47772 2026-03-17T22:01:23Z 2023-10-11T15:58:39Z Drug convictions complicate your life Over the last decade, 16 states and the District of Columbia have decriminalized the recreational use of marijuana. Arkansas isn't one of them. However, as a matter of federal criminal law, recreational marijuana is still illegal. Arkansas legalized medical marijuana use in 2016. Before that date, those using marijuana for medical purposes usually had to obtain it illegally. If the police caught you, you could face a range of charges depending on how much marijuana was on your person, even though you only wanted it for personal use to cope with your medical situation. After your conviction, your employer may have passed you up for promotion, and you may have trouble finding a new place to live. Your access to a wide range of opportunities has become limited. If this sounds like your situation, you live in a potentially gray area. Yet, expungement can be an expensive process, even if you enlist the help of organizations attempting to help those convicted.

Expungement in Arkansas is possible

The expungement process in Arkansas is challenging, but under some circumstances, you may be able to petition to get a marijuana drug conviction removed from your record. The state has a specific petition process to expunge convictions or work to get the charges reduced. Marijuana is still considered a controlled substance in the state, so these efforts may not be immediately successful. Nevertheless, various public advocacy groups continue to work with legislatures in states where marijuana is still illegal to level the playing field for those with convictions for minor offenses. Keeping good records and demonstrating that your marijuana use was medically necessary at the time of the arrest may eventually be fruitful as legalization becomes more common.]]> On Behalf of Epperson Panasiuk Law <![CDATA[Understanding the distinction: assault vs. battery]]> https://www.eppersonpanasiuklaw.com/?p=47755 2026-03-17T22:03:59Z 2023-10-10T15:06:48Z Assault Arkansas defines assault as an intentional act that creates apprehension or fear of imminent bodily harm in another person. No physical contact needs to occur for an assault to take place; merely causing a person to have a reasonable fear of harm can constitute assault.

Battery

Battery in Arkansas is defined as physically touching someone without their consent, resulting in harm or offensive touching. Unlike assault, which requires only the threat of harm, there must be some physical interaction for a battery to exist.

The relationship between assault and battery

While each offense is a separate crime, they are closely related and often, authorities charge people with both crimes simultaneously. If a person causes both fear and physical harm, the state can charge them with assault and battery. Arkansas separates assault and battery into different degrees, depending on severity. The degree of the offense determines the potential penalties if the prosecution convicts the person charged with the crime.

Degrees

In cases of assault, the crime is categorized as one of these three:
  • First-degree assault
  • Second-degree assault
  • Third-degree assault
In the case of battery, a person can be charged with:
  • First-degree battery
  • Second-degree battery
  • Third-degree battery
Having knowledge of the different degrees of assault and battery in Arkansas is important for any individual whom the state has charged with one of these crimes or individuals who want to understand the law.]]> On Behalf of Epperson Panasiuk Law <![CDATA[Understanding the expungement process in Arkansas]]> https://www.eppersonpanasiuklaw.com/?p=47753 2026-03-17T22:02:26Z 2023-10-09T17:40:58Z What exactly is expungement? Expungement is the legal process of sealing a person’s criminal record. While expunging a criminal record does not completely erase it, it restricts access to most public records related to the offense.

Eligibility

  • Arkansas allows individuals who fully completed their sentences, as imposed by the court, including probation or parole time and paying all fines and restitution owed.
  • The state requires that a certain amount of time pass after the individual serves their sentence to qualify for expungement. The time frame varies depending on the nature of the offense.
  • People applying for expungement must not be convicted of any new offenses during the waiting period.
Arkansas offers expungements for:
  1. Misdemeanors
  2. Non-violent felonies
  3. Drug offenses
  4. Underage alcohol-related convictions

Initiating the process

Arkansas law requires that the individual petitioning the court for expungement file a petition with the court that handled their original conviction. After filing the petition, the judge will set a hearing to review the request. The court will consider factors such as the nature of the offense and whether law enforcement or prosecutors object to the expungement before deciding. Expunging a criminal record can provide several significant benefits. Individuals who have their records expunged typically see improved employment opportunities, housing opportunities, access to professional licenses if they need them, among other benefits.]]> On Behalf of Epperson Panasiuk Law <![CDATA[Diversion courts in Arkansas]]> https://www.eppersonpanasiuklaw.com/?p=47751 2023-10-06T15:20:27Z 2023-10-06T15:20:27Z How do diversion programs work? Diversion courts offer treatment programs to steer certain offenders away from traditional criminal justice processes and towards rehabilitation. These courts try to deal with the root causes of criminal behavior, such as substance abuse, mental health disorders and the unmet needs of veterans. Diversion courts help keep certain offenders from committing more crimes and aim to improve public safety while guiding individuals toward treatment instead of traditional punishment.

Specialized courts

Diversion courts in Arkansas cater specifically to various groups, including:
  • People struggling with substance abuse
  • People dealing with untreated mental health disorders
  • Veterans who have suffered trauma

Collaborative approach

Diversion courts require collaboration among various professionals to achieve common goals.

Examples of treatment programs

There are many forms of treatment available to participants of diversion courts, including:
  • Counseling sessions
  • Cognitive behavioral therapy
  • Substance abuse treatment
  • Vocational training
  • Educational programs
  • Community service programs
Diversion courts in Arkansas benefit individuals and positively impact communities across the state. These courts are at the forefront of innovative approaches to criminal justice reform. Instead of punishing certain offenders, these courts offer them treatment to heal their addiction, mental health disorders or trauma and help them reintegrate into society.]]>