Years ago, I volunteered at a community event sponsored by Arkansas Access to Justice and hosted by St. Mark’s Baptist Church. It was a free legal clinic to help members of the community seal their criminal records. I’ve been sealing records ever since. I’ll never forget the heartbreaking stories of the people we met that day. Some couldn’t find work and some couldn’t find housing. Others just wanted a clean slate. 

Is it sealing or expungement? In Arkansas, records aren’t expunged, which means erased; they are only hidden from view. Law enforcement and some entities will always be able to see what is on someone’s record, which is why we say it is “sealed from view.” 

Technically, under A.C.A. 16-90-1417, once the record is sealed you can say the offense didn’t occur. Whether or not you should say the offense didn’t happen depends on the situation. If a private background check company finds your criminal history after you’ve already told a potential employer you have no criminal history, they may feel deceived. Use your best judgment. 

ACIC or the Arkansas Crime Information Center, is the repository of criminal history for Arkansans. It is your “permanent record,” as the song says. The first step when evaluating whether an offense or arrest can be sealed is to get a copy of your criminal history from ACIC. In some states, you can pay a fee and access your criminal record online. There is no fee for your criminal history report in Arkansas, but you do have to print the form, get it notarized, and send it back by fax or snail mail. An online option would make the process easier. 

I’ve had more than one client get their criminal history back and find it totally blank. It’s rare, but it happens. Over the years, I have heard about a few “glitches” when the paper records were converted to electronic format. Supposedly, some offenses were sealed that shouldn’t have been, and a long time ago, sometimes offenses were sealed automatically. It sounds crazy, but I believe it. 

The criminal history report from ACIC is important for several reasons. It has tracking and identification numbers that must be included on the petition to seal and the proposed order to seal filed with the court. When the judge signs an order granting your petition to seal, the court clerk is obligated to send ACIC a copy, and they will refer to the tracking numbers. Best practice is to send a copy of the judge’s signed order to ACIC just in case the clerk overlooks it. Your record is not sealed until ACIC seals the record, and they have 30 days to do so. 

Many offenses can be sealed if you’ve paid your fines and fees and completed probation. Some felonies have a five-year waiting period, and really serious felonies (think violent or sexual) cannot be sealed at all. There is no waiting period for misdemeanors and no limit to how many you can seal. In July 2019, when Act 680 became law, the filing fee was eliminated. The rules vary, so talk to an attorney with experience sealing records or Legal Aid about your options. Get a copy of your criminal history report, judgment, and commitment order. 

Considering what you want to accomplish by sealing your records is crucial. CourtConnect is the online public access portal to case information for Arkansas courts using Context (an electronic filing system). Sealing will remove this information from CourtConnect but don’t be surprised if someone still finds your criminal history. 

Today, there are over 2,000 private background check companies in the U.S., but they are only obligated to correct their records if they have “actual notice” that your record has been sealed. If you have issues with a particular company, you have rights under the Fair Credit Reporting Act. This federal law helps ensure the accuracy, fairness, and privacy of the information in consumer credit bureaus. The non-profit, Foundation for Continuing Justice, sends notices to hundreds of background check companies for people having problems with background check companies. Their landing page prominently displays the unforgettable words, “injustice anywhere is a threat to justice everywhere.” 

To seal or not to seal – that is the question you may need legal advice to answer