Dismissal of case and record sealing by specialty court program judge

Ark. Code Ann. § 16-90-1602 — under Judgment and Sentence Generally.

Ark. Code Ann. § 16-90-1602

(a) Upon a participant's successful completion of a specialty court program, a specialty court program judge may order dismissal of a case and sealing of a record if:(1) The specialty court program judge has received a recommendation from the prosecuting attorney for dismissal of the case and the sealing of the record; and(2) The specialty court program judge, after considering the offender's past criminal history, determines that dismissal of the case and the sealing of the record are appropriate.

(1) The specialty court program judge has received a recommendation from the prosecuting attorney for dismissal of the case and the sealing of the record; and

(2) The specialty court program judge, after considering the offender's past criminal history, determines that dismissal of the case and the sealing of the record are appropriate.

(b) Sealing under this subsection shall follow the procedures in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., except that:(1) A specialty court program judge may enter an order to seal a participant's case immediately upon completion of the specialty court program; and(2) Notwithstanding the provisions of § 16-90-1406(c)(1), there shall be no limit to the number of previous felony convictions a petitioner may have.

(1) A specialty court program judge may enter an order to seal a participant's case immediately upon completion of the specialty court program; and

(2) Notwithstanding the provisions of § 16-90-1406(c)(1), there shall be no limit to the number of previous felony convictions a petitioner may have.

(c) A specialty court program judge shall not dismiss an offense of driving or boating while intoxicated and shall not order sealing until the applicable lookback periods under § 5-65-111 have elapsed.

(d) A judge presiding over a specialty court program established in circuit court may seal a conviction entered by a circuit court and a judge presiding over a specialty court program established in district court may seal a conviction entered by a district court if the following conditions are met:(1) The participant has successfully completed the specialty court program;(2) The participant has successfully completed the sentence entered by the other court; and(3) The other court agreed that sealing is appropriate and has signed the uniform sealing order provided by the Arkansas Crime Information Center.

(1) The participant has successfully completed the specialty court program;

(2) The participant has successfully completed the sentence entered by the other court; and

(3) The other court agreed that sealing is appropriate and has signed the uniform sealing order provided by the Arkansas Crime Information Center.