Sealing or Expunging Criminal Records

Sealing is when some or all of the information in your criminal record is restricted from public access. Expungement means that rather than the information being restricted, the documents are destroyed. Certain offenses can be expunged from your record at different times, under different circumstances. We discuss the facts – and likelihood of success – with each caller before accepting a case to seal criminal convictions.

Early Termination of Probation 

There are many reasons we can successfully petition to have your probation terminated early. We discuss the facts–and likelihood of success–with each caller before accepting a case to terminate probation. Arkansas has a statute allowing the court to give you good time credit for probation. For example, if you receive 4 years of probation and at the half-way point of 2 years you have paid all fines and fees and have otherwise done everything under the conditions of your probation, you can ask the court to be removed early for good cause. Again, this is discretionary with courts, but most judges do grant them. 

Probation Revocation 

There are many reasons your probation can be revoked – alleged to have committed a new crime, not paying fines and costs, not checking in with probation, failing drug tests, not working or going to school, or violating any other term of your probation. Unlike criminal charges, the standard that the Court uses to determine if a defendant has or has not violated their probation is a “Preponderance of the Evidence” standard – a much lower standard than the original “Beyond a Reasonable Doubt” standard that the State must meet in order to obtain a conviction of anyone accused of committing a crime. 

Registry Removal 

Getting removed from the Registry requires you to first have been on the registry for a minimum of 15 years. This date begins 1) the first day you are released from prison if you were incarcerated; or 2) the day you were first placed on the registry; or 3) the first day you are registered in Arkansas from an out-of state conviction. Secondly, you cannot have any sex related crimes during that minimum period of 15 years. If you meet this criteria, you can submit a petition to be no longer be required to register. 

Pardons 

There are various pardon applications.

1. Pardon – This has to be signed off by both the parole board and the Governor of Arkansas. The result is it removes completely all records of conviction, including arrest. If granted, it is as if the conviction never existed.

2. Sentencing Commutation – This also has to be approved by both the board and the Governor and results in someone’s sentence being shortened. For example, someone who received a life sentence by a jury may apply for a commutation and get their sentence shortened to a term of years, making him/her eligible for parole.

3. Gun Rights Restoration – In Arkansas, if you are a felon, you can apply to have your gun rights restored. Yes, even if you have a felony conviction on your record. These are usually granted when the applicant has a non-violent criminal offense on their record.  

How much do records, probation, and pardon matters cost?  

Petitions to Seal or Expunge or for Early Termination of Probation are more similar to civil matters than criminal, because we are not defending allegations by the State. We cannot predict with a high degree of accuracy objections or issues that may arise before we start working. Some Petitions to Seal and/or Petitions to Terminate may take substantially more work and time than others, so we bill on an hourly retainer basis. It’s not reasonable to have one set fee for every client, because each client’s matter is different. Petitions to Terminate Probation and to Seal start with a $1,000 – $1,500 retainer and are billed hourly, just as we bill for other non-criminal legal matters. 

Representing defendants against the State attempting to Revoke their Probation is billed on a flat fee basis, just as we charge for criminal defense matters.  Our fees for defending Probation Revocations start at $2,000 and go up depending on the underlying conviction and the specific violations of Probation alleged by the State. A total will be determined before you hire us.