§ 16-90-905 - Uniform petition and order to seal records.
16-90-905. Uniform petition and order to seal records.
(a) (1) The Arkansas Crime Information Center shall adopt and provide a uniform petition and order to seal records that shall be used by all petitioners and by all circuit and district courts in this state.
(2) No order to seal or expunge records covered by this subchapter shall be effective unless the uniform order is entered.
(3) (A) The petition shall include a statement verified under oath indicating whether the petitioner has felony charges pending in any state or federal court and the status of those charges.
(B) The petition shall also include a statement that the information contained in the petition is true and correct to the best of the petitioner's knowledge, and the order shall contain, at a minimum, the following data elements:
(i) The person's full name, race, sex, and date of birth;
(ii) The person's full name at the time of arrest and adjudication of guilt, if different from the person's current name;
(iii) The crimes for which the person was adjudicated guilty and the date of the disposition;
(iv) The identity of the court;
(v) The provision under which the individual was sentenced that provides for sealing or expungement of the record; and
(vi) The specific records to be sealed.
(b) (1) If no record exists in the state central repository of the arrest for the charges in the petition, a record shall be established before the uniform order to seal becomes effective.
(2) When no record exists in the state central repository, it shall be the duty of the petitioner and the original arresting agency to submit fingerprint cards on the petitioner, according to 12-12-1006 and procedures established by the Arkansas Crime Information Center.