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The Arkansas Felony Comprehensive Criminal Record Sealing Act of 2013.

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How do I restore my gun rights in Arkansas after a criminal conviction?

Whitfield Hyman — Wed, 27 Nov 2019 21:27:56 +0000

There are only three ways to restore your gun rights in Arkansas after a felony conviction. Expunging your conviction under the First Offender Act, under the Arkansas Drug Court or Veterans Court, or a Pardon from the Governor.

If you were convicted of a misdemeanor that took away your gun rights, like Domestic Battery, Domestic Assault, or if you were convicted of any crime that was changed from Domestic Battery or Domestic Assault, you will also have to get a pardon unless you want to be charged with a crime, test my theory that a misdemeanor expungement restores gun rights, and hope that the judges believe I’m right. Either way, you will want to get an Arkansas misdemeanor expungement as that will make your pardon application look better. If convicted of Domestic Battery, you have to wait five years to restore your rights. Everything else, you can apply for an expungement immediately after conviction. Here is the ATF’s official position on misdemeanor expungements.

Compare the Arkansas misdemeanor expungement statute to the federal law:
§ 16-90-1417, Effect of sealing. “(a) (1) A person whose record has been sealed under this subchapter shall have all privileges and rights restored, and the record that has been sealed shall not affect any of his or her civil rights or liberties unless otherwise specifically provided by law.”
“(3) The effect of this subchapter does not reconfer the right to carry a firearm if that right was removed as the result of a felony conviction.
(b) (1) Upon the entry of the uniform order, the person’s underlying conduct shall be deemed as a matter of law never to have occurred, and the person may state that the underlying conduct did not occur and that a record of the person that was sealed does not exist.”
Title United States Code 18 §921(a)(20)(B) states:
“(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less. What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.”

Until you get your gun rights back, you can buy this sweet Fort Smith themed airsoft gun based on Miss Laura’s (a frontier brothel that is still in operation as a museum) from www.UmarexUSA.com

This particular blog post is not particularly informative, but if you click on the links above it should answer your questions more fully regarding the specifics of pardons and expungements.

If you need help in Fort Smith, Van Buren, or Fayetteville, Arkansas in restoring your right to bear arms, give one of our attorneys a call or shoot us an email at (479) 782-1125 or email@ArkansasLawKing.com

This is a complicated issue. This blog is not legal advice. We do not represent you.

I’ve written blogs on the two most common statutes used to expunge misdemeanors and felonies in Arkansas and they are:

The Arkansas Misdemeanor Comprehensive Criminal Record Sealing Act of 2013.

The rest of the Arkansas expungement statutes are much rarer:

The First Offender Act (Act 346) of 1975 ACA 16-93-301.

Arkansas “Clean Slate” Provision of 1975 and 2011. (ACA 5-4-311, repealed and recodified under 16-93-314).

The Arkansas Youthful Offender Alternative Service Act.

The Arkansas Uniform Expungement Act of 1995 (repealed, don’t read this one).

The Arkansas Controlled Substances Act Discharge and Dismissal Statute (ACA 5-64-413) (Act 1994 of 2005).

Arkansas Request for Administrative Hearing to Contest Suspension Revocation or Disqualification of Driving Privilege or Request Restricted Driving Permit

The post How do I restore my gun rights in Arkansas after a criminal conviction? first appeared on King Law Group, PLLC.

The post How do I restore my gun rights in Arkansas after a criminal conviction? appeared first on King Law Group, PLLC.

Arkansas Administrative Hearings to Contest Suspension of Driver’s Licenses

Whitfield Hyman — Mon, 25 Nov 2019 04:08:09 +0000

If you have been cited or arrested in Arkansas with with Driving While Intoxicated (DWI), Underage Driving Under the Influence (DUI), DWI in a Commercial Vehicle in Arkansas, or Minor in Possession of Alcohol, it is a requirement that the police seize your Driver’s License and issue you a temporary license that only lasts 30 days.

This temporary Arkansas license is that pink sheet of paper they gave you. Behind that piece of paper is another piece of paper where you can request a hearing to contest the suspension of your Arkansas license. You only have 7 calendar days to fill out that request form and get it to Driver Control in Little Rock. If you haven’t requested a hearing to contest the suspension, stop reading this blog and fax the request RIGHT NOW. Be sure the keep a record that the fax went through, or they might claim you never sent it. However, even if it has been over 7 days since your (Driving While Intoxicated) DWI or MIP (Minor in Possession of Alcohol) arrest, go ahead and send it off anyway, just as quickly as you can.

That piece of paper should say:

“Request for Administrative Hearing to Contest Suspension, Revocation or Disqualification of Driving Privilege or Request Restricted Driving Permit”

It should look like this (print this out if you lost yours):

You will want to to check the box at the bottom that says you want to CONTEST THE SUSPENSION. Even if you think the police have you “dead to rights,” do it. This hearing will give you or your attorney an opportunity to view some of the evidence against you, or maybe delay the suspension for a bit.

If you hire an attorney, the attorney can go to these hearings on your behalf, you are not required to be present, although very rarely it might help. Your attorney can call you during the hearing if your testimony is required.

Unless you are able to get an extension from Arkansas Driver Control, at the end of your 30 days you will either have no license, you will win your hearing and have your driving privileges restored, or you will have a “Restricted Arkansas License” depending on the nature of your charges and your criminal history.

If you continue to drive after the 30 days is up and are caught, you face a mandatory 10 days in jail and a fine of up to $1,000. Some jurisdictions will agree to let you do 10 days of community service or an electronic ankle monitor, but most won’t, and even in the more lenient jurisdictions the prosecutor could decide to make an example out of you regardless of what they normally do in these cases.

How do you win Driver Control hearings?

The Arkansas Driver’s License Suspension Hearing is administrative, and therefore not a place where they allow you to make all of the same arguments you would normally make in court. For example, sometimes you can beat a DWI if an officer pulls you over for something that is not illegal. An example would be if you were pulled over for only having two rear view mirrors instead of three. If that happens you can argue your 4th Amendment Rights have been violated and all evidence must be excluded. However, in these administrative hearings the judges or “hearing officers” won’t consider Constitutional arguments. Although they should and you have the right to appeal to the Circuit Court and make those arguments to a Circuit Court Judge.

At the hearing, the police officer that arrested you will not be present, only a written report of his account will be used as evidence against you. If the police officer has not given the report to Driver Control that is not a reason to give you your license back or “win” the hearing. The case will just be moved back until the hearing officer gets sick of waiting on it.

The report has to provide a basis for the conviction of whatever charges you were facing. So if this hearing is because of DWI, they have to prove that you were driving a vehicle. They can do that by referring to a report where one of the following boxes will be most likely be checked:

I saw the defendant driving.
The defendant admitted to driving.
Other.

They would also have to prove that you were intoxicated in some way. If you were charged with DWI – Drugs, all they have to prove is that you had something in your system that COULD be intoxicating. Even if it is an extremely low level, or you have a prescription for it, etc. You could pass the field sobriety tests and stump the Drug Recognition Expert and still lose the hearing. For alcohol, they have to prove that you had a certain amount in your system or that you failed that field sobriety tests, or base the suspension on something else (like the fact that you wrecked your car and smelled strongly of alcohol).

What if you lose your Driver Control hearing?

If you were charged with DWI or DUI, I wrote an entirely separate blog about that, you can see it here.

If it was for Minor in Possession of Alcohol, you can get a restricted driver’s license that allows you to drive to and from court, to and from class, to and from work, to and from church, and to and from AA meetings. Other places may be considered but you need to consult with the Driver Control Hearing Officer or your attorney.

If You Appeal the License Suspension or Driver’s License Restriction Hearing, You May NEVER have your Driver’s License Suspended or be required to install an Interlock Device

After your hearing, you may petition a court to overturn the ruling of the hearing. If you appeal you may be able to postpone the installation of the interlock device in your vehicle or prevent it entirely (if you eventually beat the DWI charge). This can be particularly helpful if you have a Commercial Driver’s License. In order to do this, you must immediately appeal the administrative decision to suspend or restrict your Arkansas driver’s license to a Circuit Court where you reside or where the DWI occurred. Technically, you have to appeal the administrative hearing suspending your driver’s license within 30 days, but the sooner the better because your license will be suspended 30 days after your DWI arrest.

When you appeal, you should ask the judge to “stay” (postpone) your suspension, and hope the judge signs it before your license is suspended or restricted. Eventually, you may have a hearing on whether or not you are guilty of the DWI. Note that that is completely separate from your criminal case. You should try to convince the Arkansas Department of Finance and Administration attorney or judge to push this off until the resolution of your DWI. If you lose your DWI case they will suspend or restrict your license. If you win, then your license could potentially never be suspended or restricted.

These are complicated issues and I’m leaving out a lot of details. If you have been charged with DWI anywhere in Arkansas, including Fayetteville, Fort Smith, and Van Buren, call one of our Arkansas criminal defense lawyers at:

(479) 782-1125 or send us an email at email@ArkansasLawKing.com

How do I get my license back after the hearing?

At the end of the suspension period the defendant does not get their license sent back to them. The Defendant has to pay a fee to Driver Control in Little Rock and then go to the Local DMV and get a new license. Currently, that reinstatement fee is $150 for DWIs and $125 for other license suspensions due to possession of a controlled substance or minor in possession of alcohol.

For more information see:

Arkansas DWI Interlock Waiver: This is the proposed statute that was not passed, the final statute that was passed, and a legal memo circulated by the Arkansas Department of Finance Administration through Arkansas Driver Control.

Driver Control Information and Frequently Asked Questions about License Suspensions, Revocations, and Restrictions:

http://www.dfa.arkansas.gov/offices/driverServices/Pages/DriverControl.aspx

Where to buy a brilliant interlock device disguise so you aren’t embarrassed driving to work or picking your kids up from school: http://www.ignitioninterlockdisguise.com/

Fayetteville, Arkansas Driver Control: https://www.dfa.arkansas.gov/office-locations/details/fayetteville-revenue-office

Fort Smith, Arkansas Driver Control: https://www.dfa.arkansas.gov/office-locations/details/fort-smith-driver-control-office

This is a complex area of law that is rapidly changing. Please don’t rely on this blog for legal advice, call me to make sure it is accurate and up to date. I’m not your attorney and I do not represent you.

The post Arkansas Administrative Hearings to Contest Suspension of Driver’s Licenses first appeared on King Law Group, PLLC.

The post Arkansas Administrative Hearings to Contest Suspension of Driver’s Licenses appeared first on King Law Group, PLLC.

What Really Is The Law Regarding Immigrant Children Asylum Seekers?

Whitfield Hyman — Tue, 19 Jun 2018 02:21:28 +0000

In this blog I’ll be correcting and explaing some of the mistakes in a recent National Review article about the families that are turning themselves in at the border and claiming asylum.

https://www.nationalreview.com/2018/05/illegal-immigration-enforcement-separating-kids-at-border/

So, before I get too deep into this analysis, I want to be very clear. There is a difference between undocumented families trying to sneak in illegally and stay without getting caught, and undocumented families revealing themselves to the authorities, availing themselves to our laws, and requesting asylum. Until very, very recently, we have treated them differently.

Article: “The Trump administration isn’t changing the rules that pertain to separating an adult from the child. Those remain the same. Separation happens only if officials find that the adult is falsely claiming to be the child’s parent, or is a threat to the child, or is put into criminal proceedings.”

They may not be changing the law, per se, but they have adopted a new policy that separates families crossing the border to claim asylum, and treating them like criminals who just want to sneak in. Jeff Sessions has issued a directive that all non-port entries are to be treated as illegal entries, and all families processed alike. https://www.justice.gov/opa/press-release/file/1049751/download. However, we have laws that distinguish asylum seekers from those who try to sneak across illegally. Our asylum laws are there to protect them from further inhumane treatment, and process their claims to see if they are eligible for asylum. Asylum status and withholding of removal protection are based on provisions of the 1951 Convention relating to the Status of Refugees. See United Nations Convention Relating to the Status of Refugees, opened for signature July 28, 1951, 19 U.S.T. 6259, 189 U.N.T.S. 137; United Nations Protocol Relating to the Status of Refugees, opened for signature Jan. 31, 1967, 19 U.S.T. 6223, 606 U.N.T.S. 267. The category for someone who may gain legal status based on humanitarian concerns is “asylee,” and is distinguishable from someone who has unlawfully entered the country with no basis to stay; the colloquial term for this category “illegal,” though, I prefer to refer to this category as “undocumented.”

Article: “It’s the last that is operative here. The past practice had been to give a free pass to an adult who is part of a family unit. The new Trump policy is to prosecute all adults. The idea is to send a signal that we are serious about our laws and to create a deterrent against re-entry. (Illegal entry is a misdemeanor, illegal re-entry a felony.)”

We have not been giving free passes to families; we have, in the past, kept intact the family unit seeking asylum. The current administration’s policy disregards asylum law, and instead treats all who cross the border as “illegals,” ignoring the fact that they may have valid asylum claims and that they are not trying to hide their presence. The article mentions that the first entry is a misdemeanor, and illegal re-entry is a felony. While I agree we should be treating illegal re-entry (felonies) harshly, we should not be separating families over federal misdemeanors, which are relatively minor infractions. Among other federal misdemeanors are: transporting fireworks to a state that prohibits their sale or use; impersonating Smokey the Bear; and pressing pennies into souvenirs at theme parks. https://www.ussc.gov/sites/default/files/pdf/training/annual-national-training-seminar/2012/4_Table_Federal_Misdemeanors.pdf. We, as a matter of policy, do not separate families when parents are caught breaking these kinds of laws with their children present.

Article: “Where it becomes much more of an issue is if the adult files an asylum claim. In that scenario, the adults are almost certainly going to be detained longer than the government is allowed to hold their children.

That’s because of something called the Flores Consent Decree from 1997. It says that unaccompanied children can be held only 20 days. A ruling by the Ninth Circuit extended this 20-day limit to children who come as part of family units. So even if we want to hold a family unit together, we are forbidden from doing so.

The clock ticking on the time the government can hold a child will almost always run out before an asylum claim is settled. The migrant is allowed ten days to seek an attorney, and there may be continuances or other complications.”

I could see using the Flores case where a family unit has entered illegally. But as I’ve stated above, those seeking asylum are in a different category. Flores came out in 1997; we have not been separating asylee families since that decision, nor the 9th circuit extension. This is new, hence the outrage. There is no reason to separate children from asylum seeking families in this decision, and the “clock ticking” on how long they can hold the children is an artificially manufactured problem. Like I said, we have not had any such policy or time constriction when this case first came down in ’97. This is because the administration has issued a policy to treat everyone entering the country outside a port of entry as a criminal. Regardless of their valid asylum claims.

Article: “This creates the choice of either releasing the adults and children together into the country pending the ajudication [sic] of the asylum claim, or holding the adults and releasing the children.”

What this actually does is deter people from availing themselves of the laws we have created to protect them. Cited above, we have laws made for asylees to enter by whatever means are available to them. Even if they are stowaways on a vessel or aircraft, who have been ordered removed previously, and have been denied an asylum claim, but still have not exhausted their appeals. We have an exception even for them, however slim their chances are. 8 U.S.C.A. § 1231( c). Historically, we have released the adults and children together into the country pending the adjudication of the asylum claim.

Article: “Why try to hold adults at all? First of all, if an asylum-seeker is detained, it means that the claim goes through the process much more quickly, a couple of months or less rather than years. Second, if an adult is released while the claim is pending, the chances of ever finding that person again once he or she is in the country are dicey, to say the least. It is tantamount to allowing the migrant to live here, no matter what the merits of the case.”

They fail to cite any source for how this quickens the process, except to exemplify how it has now become a much more emotionally grueling process, and perhaps a lot of people are opting to leave rather than sit in indefinite detention while their cases are getting handled. When someone files for asylum in the U.S., typically they are given a work card if more than 150 days has passed and there has been no decision made, so they can support their families, get a taxpayer ID number, and start paying taxes. In many immigration courts (any immigration attorneys reading this who practiced under the recently retired Judge Pazar in Memphis can attest to this) the judges will ask you if you have been paying your taxes when looking to your moral character. See “Permission to Work in the United States,” https://www.uscis.gov/humanitarian/refugees-asylum/asylum.

Getting that work card and being able to work is usually a HUGE incentive to anyone who wants to come here, in my experience. So many people come to my office asking if there is any way for them to get a work card. Getting their employment authorization means they don’t have to work under the table, and being in the system means they’re not constantly looking over their shoulder for ICE. They are able to get valid IDs and function. I can’t see the incentive this article makes of a migrant family wanting to sneak off and live here illegally, to be honest. They also don’t cite to any numbers of this actually happening. This is a huge “what if,” and we shouldn’t be making law or policy based on an unknown.

Article: “1) Family units can go home quickly. The option that both honors our laws and keeps family units together is a swift return home after prosecution. But immigrant advocates hate it because they want the migrants to stay in the United States. How you view this question will depend a lot on how you view the motivation of the migrants (and how seriously you take our laws and our border).”

… After prosecution. Not everyone coming through needs to be prosecuted. If they are making an asylum claim, they shouldn’t be prosecuted at all. “But immigrant advocates hate it because they want the migrants to stay in the United States.” — this is an unfounded criticism. I am an immigrant advocate, I am absolutely against dangerous offenders and multiple illegal re-entries, and those entering without a valid basis to stay. However, as I’ve cited, we have laws made for and to protect asylees. Ignoring this, while applauding a totally unnecessary, recently instituted, and potentially expensive immigration policy (of separating asylee families), absolutely calls into question how seriously the author takes our immigration laws.

Article: “2) There’s a better way to claim asylum.”

I went ahead and cut out the two following paragraphs because they don’t matter. There are not “better” ways to claim asylum; there are multiple ways to claim asylum, and they are all legal. Asylees have been stripped of their resources; to expect all of them to file an affirmative application at the port of entry is not reasonable. Not all asylees are literate, have maps, know where the ports of entry are. That’s why we let them have *up to a year!* after they enter the United States – whatever way they enter – to file for asylum. 8 C.F.R. § 208.4. As for picking a different country to apply to, okay, I get that point, but the migrants have to get there first. If the violence or whatever is just as bad, they will keep moving. See the country condition reports I’ve posted below.

Article: “3) There is a significant moral cost to not enforcing the border. There is obviously a moral cost to separating a parent from a child and almost everyone would prefer not to do it. But, under current policy and with the current resources, the only practical alternative is letting family units who show up at the border live in the country for the duration. Not only does this make a mockery of our laws, it creates an incentive for people to keep bringing children with them.

Needless to say, children should not be making this journey that is fraught with peril. But there is now a premium on bringing children because of how we have handled these cases. They are considered chits.”

As stated above, if they live in the USA for the duration of their asylum cases, it is not any different than how we have been practicing asylum all along. After 150 days they get work cards and start paying into the system. That is not making a mockery of our laws, but following our laws. Children shouldn’t make a journey fraught with peril, but some of the conditions of the countries they are escaping are unbelievable. While they may be coming in through Mexico, many of the migrants are from Venezuela, El Salvador, Honduras, and other South American Countries. See some of the selected UN High Commissioner on Refugee reports, middle/bottom of this page: http://www.unhcr.org/en-us/country-reports.html. See also https://www.hrw.org/world-report/2018/country-chapters/mexico. These are a couple of the sources immigration attorneys use when explaining country conditions in an asylum claim.

Article: “According to azcentral.com, it is “common to have parents entrust their children to a smuggler as a favor or for profit.”

If someone is determined to come here illegally, the decent and safest thing would be to leave the child at home with a relative and send money back home. Because we favor family units over single adults, we are creating an incentive to do the opposite and use children to cut deals with smugglers.”

I read the article they cite, and I wonder why this author cites a source that criticizes his stance. This small portion he quotes states that this happens in “many” instances but I couldn’t see where the AZ Central cited to a source. Since this is anecdotal, I’ll be anecdotal. In my experience the “smugglers” are often grandparents or other relatives or family friends getting the children out of an unimaginable situation. However, much of this AZ Central article goes on to criticize the Trump administration’s criminalizing those who seek asylum at the border, so it’s there if you want to see another take on what I’m talking about.

Article: “4) Congress can fix this. Congress can change the rules so the Flores consent decree will no longer apply, and it can appropriate more money for family shelters at the border. This is an obvious thing to do that would eliminate the tension between enforcing our laws and keeping family units together. The Trump administration is throwing as many resources as it can at the border to expedite the process, and it desperately wants the Flores consent decree reversed. Despite some mixed messages, if the administration had its druthers, family units would be kept together and their cases settled quickly.

The missing piece here is Congress, but little outrage will be directed at it, and probably nothing will be done. And so our perverse system will remain in place and the crisis at the border will rumble on.”

Congress could fix this in a way that does not move for family detention at all, but the author doesn’t mention this. The Trump administration, as I said above, has manufactured this urgency by their policy to treat asylees like they would illegals. Their policy has caused this, not the law, and not enforcement of the law. As the sources I’ve posted outline, there is a distinction between asylees and those trying to sneak in, and they should be treated differently. There is really little justification for implementation of this policy.

The post What Really Is The Law Regarding Immigrant Children Asylum Seekers? first appeared on King Law Group, PLLC.

The post What Really Is The Law Regarding Immigrant Children Asylum Seekers? appeared first on King Law Group, PLLC.

How Do You Keep a Traffic Ticket Off Your Record in Arkansas?

Whitfield Hyman — Tue, 13 Mar 2018 01:31:01 +0000

You must get the the court to sentence you under the “Misdemeanor Traffic Case Postponement” statute or change the charge to something that won’t increase your insurance or add points to your license. See: Ark. Code Ann. §5-4-321. If the court didn’t or won’t sentence you under this statute, then you can always seal it using another statute, but the record will be on your record for at least 90 days if you go that route.

That statute cannot be used in cases involving driving while intoxicated from alcohol or a drug. Basically, any other traffic offense other than DWI. The only way to get a DWI off your record is to go trial and get a not guilty. You can expunge a DWI ten years after the punishment is over. Arguably, you may be able to get a DWI off of your record five (5) years after the punishment if you were found guilty prior to July 2021, but you will probably have to appeal to the Arkansas Court of Appeals in order to get that granted. Those under 21 years of age charged with DUI (not DWI) may be able to keep it off their record via the first offender act.

Who decides whether or not I can keep it off my record?

The judge. The statute says that they MAY (don’t have to) postpone a judgment for not more than one (1) year. The court could place the offender on probation (supervised or unsupervised). The offender would remain in a probationary status until a judgment is entered. In certain situations the court is authorized to quickly enter judgment or postpone judgment for more than one (1) year.

Can I keep a traffic ticket off my record if I have a Commercial Driver’s License?

No. If you can’t beat the ticket then you might be able to get the prosecutor to change it to a different charge that won’t give you points to your license OR make your insurance costs increase. A charge such as improper parking may be kept off your record, if you can get the prosecutor to amend your charges to that statute.

Don’t believe me? Check out § 27-23-128. “No circuit or district court judge may utilize § 5-4-321, § 16-90-115, § 16-90-904, §§ 16-93-301 — 16-93-303, § 16-93-314, or § 27-50-701 or any other program to defer imposition of sentence or enter the person into a diversion program in instances in which the person holds a commercial driver license or a commercial learner’s permit and is charged with violating any state or local traffic law other than a parking violation.”

Will the prosecutor or judge agree to keep the ticket off my record or reduce my charges?

That depends on the judge and the prosecutor. Things they take into consideration:

Your driving history (particularly the last three years).
The seriousness of the offense. Is this a 5 over or a 30 over speeding ticket? It makes a difference.
If you were polite the police officer who pulled you over.
If you have a CDL. Some prosecutors and judges will NOT work with you if you have Commercial Driver’s License.

I generally know which ones in Benton County, Washington County, Crawford County, Sebastian County, Scott County, Franklin County, Johnson County, and Carroll County are willing to work with you.

If you have questions about a specific traffic ticket in Arkansas, call one of our criminal defense attorneys at 479-782-1125. Our attorneys are based in Fort Smith and Fayetteville, but defend cases all along I-40.

I’ve written blogs on the two most common statutes used to expunge misdemeanors and felonies in Arkansas and they are:

The Arkansas Felony Comprehensive Criminal Record Sealing Act of 2013.

The Arkansas Misdemeanor Comprehensive Criminal Record Sealing Act of 2013.

The rest of the Arkansas expungement statutes are much rarer:

The First Offender Act (Act 346) of 1975 ACA 16-93-301.

Arkansas “Clean Slate” Provision of 1975 and 2011. (ACA 5-4-311, repealed and recodified under 16-93-314).

The Arkansas Youthful Offender Alternative Service Act.

The Arkansas Uniform Expungement Act of 1995 (repealed, don’t read this one).

The Arkansas Controlled Substances Act Discharge and Dismissal Statute (ACA 5-64-413) (Act 1994 of 2005).

Arkansas Governors Pardon Application

The post How Do You Keep a Traffic Ticket Off Your Record in Arkansas? first appeared on King Law Group, PLLC.

The post How Do You Keep a Traffic Ticket Off Your Record in Arkansas? appeared first on King Law Group, PLLC.

Arkansas Governor’s Pardons

Whitfield Hyman — Fri, 09 Mar 2018 06:47:56 +0000

According to the Arkansas Constitution, the governor has the power to pardon all crimes except treason (unless the Senate agrees) and impeachment.

Will getting a pardon from the governor restore my gun rights?

There are three types of pardons.

The one that only restores your firearm rights.
The one that doesn’t restore your firearm rights.
The one that restores all your rights, firearm rights included.

If you want the one that only restores your gun rights, you will have to get the sheriff of the county that you live in to sign off on your restoration of firearm rights. Oddly, the Sheriff’s signature isn’t technically required for the full pardon.

How does this effect my immigration status?

A pardon is the ONLY way to fully remove the stigma of a conviction for a felony offense. You MIGHT have an argument that the juvenile expungement act has the same effect under immigration law. Misdemeanors that are expunged may remove immigration consequences depending on the misdemeanor.

Does getting a pardon seal or expunge my record?

The statute provides for the sealing of records of person pardoned by Governor for certain offenses. You have to file a copy of the pardon with the court where you were originally convicted though.

If you were under sixteen (16) years of age when you were convicted of the crime:

If you were given a suspended sentence, received a pardon for the conviction, and have not been convicted of another criminal offense since. Then you can expunge ANY type of criminal conviction.

If you were over sixteen years of age when you were convicted of the crime:

When you were over 16 years old at the time of your conviction, the expungement aspect of this statute is not applicable if the victim was under eighteen (18) years of age, any sex offenses, or an offense resulting in death or serious physical injury to a person.

What are the chances of getting a governor’s pardon?

According to one study, the governor of Arkansas only grants about 25% of pardon requests. However, there is no telling how many people qualified to even apply for a pardon. A pardon is different from a commutation, which is where the governor agrees to prematurely end your sentence. Many people applying for a pardon may not even qualify, therefore making it look much less likely to get a pardon.

How long does it take to get a governor’s pardon?

At least a year, usually two. First your pardon request has to go before the parole board who recommends to the governor whether or not you should get a pardon.

How much does it cost to apply for a pardon?

It is free, except for the attorney’s fees and how much time you have to put into the application.

How do I apply for a governor’s pardon in Arkansas?

You can find the application here.

I’ve also uploaded the application here in case that link goes dead:

If you need help filling out the application, contact one of our attorneys.

What If I Don’t Have Time to Wait for a Governor’s Pardon?

Read one of our other blogs on expunging criminal charges under a different statute. Or call one of our Fayetteville, Fort Smith, or Van Buren Arkansas Criminal Defense Attorneys at (479) 782-1125 for a free consultation.

I’ve written blogs on the two most common statutes used to expunge misdemeanors and felonies in Arkansas are:

The Arkansas Felony Comprehensive Criminal Record Sealing Act of 2013.

The Arkansas Misdemeanor Comprehensive Criminal Record Sealing Act of 2013.

The rest of the Arkansas expungement statutes are much rarer:

The First Offender Act (Act 346) of 1975 ACA 16-93-301.

Arkansas “Clean Slate” Provision of 1975 and 2011. (ACA 5-4-311, repealed and recodified under 16-93-314).

The Arkansas Youthful Offender Alternative Service Act.

The Arkansas Uniform Expungement Act of 1995 (repealed, don’t read this one).

The Arkansas Controlled Substances Act Discharge and Dismissal Statute (ACA 5-64-413) (Act 1994 of 2005).

The Arkansas Felony Comprehensive Criminal Record Sealing Act of 2013.

The post Arkansas Governor’s Pardons first appeared on King Law Group, PLLC.

The post Arkansas Governor’s Pardons appeared first on King Law Group, PLLC.

Arkansas Juvenile Expungements (ACA 9-27-309)

Whitfield Hyman — Wed, 07 Mar 2018 14:14:24 +0000

This is an Arkansas expungement statute that only applies to crimes committed before the offender turned 18.

Before you read this blog, you should read these two other blogs first IF you are looking to expunge a misdemeanor or a felony in Arkansas, because they are retroactive:

The Arkansas Misdemeanor Comprehensive Criminal Record Sealing Act of 2013.

Are all crimes committed by juveniles treated the same?

No. There are two different types of crimes for juveniles to commit. In Category 1 there are crimes for which the juvenile could be (but not necessarily were) charged as an adult. In Category 2, are all other crimes.

Records of delinquency adjudications for which a juvenile could have been tried as an adult are kept for ten (10) years after the last adjudication of delinquency or the date of a plea of guilty or nolo contendere (no contest) or a finding of guilt as an adult. Thereafter, the charges may be expunged. That means it is up to the judge whether or not the charges will be expunged. Records of juveniles who are designated as extended juvenile jurisdiction offenders SHALL be kept for ten (10) years after the last adjudication of delinquency, date of plea of guilty or nolo contendere, or finding of guilt as an adult, or until the juvenile’s twenty-first birthday, whichever is longer.

The court may expunge other juvenile records at any time. It is up to the judge’s discretion. However the court shall (read: must) expunge all the records of a juvenile upon his or her twenty-first birthday in all other types of delinquency, dependency-neglect, or families in need of services (FINS) cases.

What happens to the records after they are expunged?

Unlike the other expungement statutes, these records are actually destroyed. Within the Juvenile Code, expunge means the actual physical destruction of the record. The most famous example of this is the Duggar case.

What If I Don’t Qualify to Expunge or Seal My Arkansas Criminal Charges Under the Arkansas Juvenile Expungement Statutes?

I’ve written blogs on the two most common statutes used to expunge misdemeanors and felonies in Arkansas and they are:

The Arkansas Felony Comprehensive Criminal Record Sealing Act of 2013.

The Arkansas Misdemeanor Comprehensive Criminal Record Sealing Act of 2013.

The rest of the Arkansas expungement statutes are much rarer:

The First Offender Act (Act 346) of 1975 ACA 16-93-301.

Arkansas “Clean Slate” Provision of 1975 and 2011. (ACA 5-4-311, repealed and recodified under 16-93-314).

The Arkansas Youthful Offender Alternative Service Act

The Arkansas Uniform Expungement Act of 1995 (repealed, don’t read this one)

The Arkansas Controlled Substances Act Discharge and Dismissal Statute (ACA 5-64-413) (Act 1994 of 2005)

Arkansas Drug Court Expungements Act (ACA 16-98-303(g)).

Expungement Pursuant to Governor’s Pardon.

The post Arkansas Juvenile Expungements (ACA 9-27-309) first appeared on King Law Group, PLLC.

The post Arkansas Juvenile Expungements (ACA 9-27-309) appeared first on King Law Group, PLLC.

Arkansas Drug Court Expungements (ACA 16-98-303(g))

Whitfield Hyman — Wed, 07 Mar 2018 03:22:40 +0000

There are two groups of offenders who qualify for expungement under this Act:

(1) those undergoing a current drug court program as the Court supervising such offenders can order expungement of the offenses to which the offender pleaded to in that particular court; and

(2) those individuals, who in addition to the above, have other convictions in other courts they wish to have expunged.

Before you read this blog, you should read these two other blogs first IF you are looking to expunge a misdemeanor or a felony in Arkansas, because they are retroactive:

The Arkansas Felony Comprehensive Criminal Record Sealing Act of 2013.

The Arkansas Misdemeanor Comprehensive Criminal Record Sealing Act of 2013.

In order to get into drug court your attorney has to convince the prosecutor and the judge to let you in.

Offenders who complete a current drug court program regarding offenses which they pleaded to may seek an expungement which may be granted if the court finds that the offender successfully completed the program, received aftercare programming, the prosecuting attorney recommends expungement, and the drug court believes that expungement is appropriate.

What if my county does not have a drug court program, may I plead into another county’s drug court?

Yes. Offenders seeking expungement of convictions from other courts as part of the Drug Court Program must fall within the target group as is set forth in the Community Punishment and Corrections Act. They must have beeen convicted in another court, and the Drug Court Judge MUST receive the concurrence of the other Arkansas court where the conviction arose. Notwithstanding the fact that the offender may establish eligibility as being a member in the target group, those who were convicted of residential or commercial burglary, breaking or entering, or DWI 4th and subsequent offenses are not eligible to have such convictions expunged.

Expungement procedure for offenses disposed of in drug court is same as in Uniform Expungement Act unless the Drug Court Judge provides otherwise. The expungement is discretionary (up to the judge).

After my charges are expunged, do I get my gun rights back?

Upon expungement of drug court charges, your firearm possession rights are restored per Act 1491 of 2009.

Which Charges do they allow to plead into drug court?

Any offense that falls within the “Target group.” The “target group” means a group of offenders and offenses determined to be, but not limited to, theft, theft by receiving, hot checks, residential burglary, commercial burglary, failure to appear, fraudulent use of credit cards, criminal mischief, breaking or entering, drug paraphernalia, driving while intoxicated, fourth or subsequent offense, all other Class C or Class D felonies that are not either violent or sexual and that meet the eligibility criteria determined by the General Assembly to have significant impact on the use of correctional resources, Class A and Class B controlled substance felonies, and all other unclassified felonies for which the prescribed limitations on a sentence do not exceed the prescribed limitations for a Class C felony and that are not either violent or sexual. Offenders committing solicitation, attempt, or conspiracy of the offenses listed are also included in the group.

“Violent or sexual” includes all offenses against the person codified in § 5-10-101 et seq., § 5-11-101 et seq., § 5-12-101 et seq., § 5-13-201 et seq., § 5-13-301 et seq., and § 5-14-101 et seq., and any offense containing as an element of the offense the use of physical force, the threatened use of serious physical force, the infliction of physical harm, or the creation of a substantial risk of serious physical harm. The “target group” includes any misdemeanor conviction except a misdemeanor conviction for which the offender is required to register as a sex offender or a misdemeanor conviction for driving while intoxicated.

How Do I Expunge My Charges After I Complete Drug Court?

Every drug court that I’m familiar with will file the expungement paperwork for you.

What If I Don’t Qualify to Expunge or Seal My Arkansas Criminal Charges Under the Arkansas Drug Court Expungement Statutes?

I’ve written blogs on the two most common statutes used to expunge misdemeanors and felonies in Arkansas are:

The Arkansas Felony Comprehensive Criminal Record Sealing Act of 2013.

The Arkansas Misdemeanor Comprehensive Criminal Record Sealing Act of 2013.

The rest of the Arkansas expungement statutes are much rarer:

The First Offender Act (Act 346) of 1975 ACA 16-93-301.

Arkansas “Clean Slate” Provision of 1975 and 2011. (ACA 5-4-311, repealed and recodified under 16-93-314).

The Arkansas Youthful Offender Alternative Service Act.

The Arkansas Uniform Expungement Act of 1995 (repealed, don’t read this one).

The Arkansas Controlled Substances Act Discharge and Dismissal Statute (ACA 5-64-413) (Act 1994 of 2005).