QUESTION

How can I get my old misdemeanor removed from my record?

Asked on May 17th, 2012 on Criminal Law - Arkansas
More details to this question:
Back in 2004 I was arrested for for the first time and charged with possession of a controlled substance, a class a misdemeanor in Arkansas. At the time I was 18, and paid the whole fine amount to bail out of jail. We had spoke with the prosecutor and agreed that since the fine was paid I would be put on a probationary period and then it would be removed from my record, so I plead guilty in court with that agreement, or so I thought. I have not been in any trouble since then. A few years later when went to get a background check it showed up. Now I am trying to get a job, but can't with that on my record. When I went to speak with the clerk about it they brought me the typed up sentence that they had saying that I plead guilty and was put on probation for 30 days, and had 10 days of community service which was suspended. They can't show me any transcripts as they say that's all they have. They also can not give me a police report as they say that it's too old. So, I attempted to file for an expungment under act 531 of 1993. They refused my paperwork saying that my records do not indicate that I was sentenced under stat act. Well, of course not because they barely have any records. They did say however I could petition to have my record sealed, but this will not do me any good. Is there anything I can do?
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2 ANSWERS

Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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I need information as to why a petition to seal won't help. That's the same as an expungement. You can apply for a pardon.
Answered on May 29th, 2012 at 2:24 PM

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Divorce Attorney serving Little Rock, AR at Law Office of Kathryn L. Hudson
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Expungement and the sealing of records is the procedure for removing a criminal file from public access. Your petition was denied because you were petitioning under the wrong act. To have your record expunged under Act 541 you must have been convicted under that act. A.C.A. ?16-90-904 is what you need to petition under, this statute allows for the sealing of a non-violent criminal record after five years has passed from the completion of all terms of probation. The best way to petition the court is to retain an attorney that will write the petition and serve it on the necessary parties then present it to the court for approval, order, and filing.
Answered on May 29th, 2012 at 1:29 PM

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