Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1013 3
4
By: Representative V. Flowers 5
6
For An Act To Be Entitled 7
AN ACT TO ESTABLISH A PATH TO RESTORATION OF TH E 8
RIGHT TO POSSESS A F IREARM UNDER STATE L AW AFTER A 9
CERTAIN TIME PERIOD HAS PASSED SINCE A P ERSON 10
CONVICTED OF CERTAIN FELONIES HAS COMPLET ED HIS OR 11
HER SENTENCE; TO PRO VIDE FOR THE DISCHAR GE, 12
DISMISSAL, AND SEALI NG OF A FELONY CONVICTI ON; AND 13
FOR OTHER PURPOSES. 14
15
16
Subtitle 17
TO ESTABLISH A PATH TO RESTORATION OF THE 18
RIGHT TO POSSESS A FIREARM; AND TO 19
PROVIDE FOR THE DISCHARGE, DISMISSAL, AND 20
SEALING OF A FELONY CONVICTION. 21
22
23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
25
SECTION 1. Arkansas Code § 5 -73-103(a) and (b), concerning the offense 26
of possession of a firearm by certain persons, are amended to read as 27
follows: 28
(a) Except as provided in subsection (d) of this section or unless 29
authorized by and subject to such conditions as prescribed by the Governor , 30
or his or her designee, or the United States Bureau of Alcohol, Tobacco, 31
Firearms, and Explosives, or other bure au or office designated by the United 32
States Department of Justice, no a person shall not possess or own any a 33
firearm who if he or she has been: 34
(1) Convicted of a felony; 35
(2) Adjudicated mentally ill; or 36 HB1013
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(3) Committed involuntarily to any a mental institution. 1
(b)(1) Except as provided in subdivisions (b)(2) and (3) of this 2
section, a determination by a jury or a court that a person committed a 3
felony constitutes a conviction for purposes of subsection (a) of this 4
section even though the cou rt suspended imposition of sentence or placed the 5
defendant on probation. 6
(2) Subdivision (b)(1) of this section does not apply to a 7
person whose case was dismissed and expunged under § 16 -93-301 et seq. or § 8
16-98-303(g). 9
(3) The determination by the jury or court that the person 10
committed a felony does not constitute a conviction for purposes of 11
subsection (a) of this section if the person is subsequently granted a pardon 12
explicitly restoring the ability to possess a firearm or if the conviction i s 13
discharged, dismissed, and sealed under § 16 -90-1601 et seq. 14
15
SECTION 2. Arkansas Code § 5-73-309(5), concerning licensing 16
requirements for a license to carry a concealed handgun, is amended to read 17
as follows: 18
(5) Has not been convicted of a felony in a court of this state, 19
of any other state, or of the United States unless: 20
(A) The applicant is subsequently granted a pardon by the 21
Governor or the President of the United States explicitly restoring his or 22
her ability to possess a firearm; 23
(B) The applicant was sentenced prior to March 13, 1995, 24
and the record of conviction has been sealed or expunged under Arkansas law; 25
or 26
(C) The applicant's offense was dismissed and sealed or 27
expunged under § 16-93-301 et seq. or § 16-98-303(g); or 28
(D) The applicant’s offense was discharged, dismissed, and 29
sealed under § 16-90-1601 et seq.; 30
31
SECTION 3. Arkansas Code Title 16, Chapter 90, is amended to add an 32
additional subchapter to read as follows: 33
34
Subchapter 16 — Firearm Right Restoration 35
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16-90-1601. Scope. 1
(a) This subchapter concerns the discharge, dismissal, and sealing of 2
a person's state felony conviction that prohibits the person from lawfully 3
possessing a firearm under state law. 4
(b) This subchapter is separate and distinct from the Comprehensive 5
Criminal Record Sealing Act of 2013, § 16 -90-1401 et seq. 6
7
16-90-1602. Definitions. 8
As used in this subchapter: 9
(1) “Completion of a person's sentence” means that the person, 10
after being found guilty of a felony, has: 11
(A) Paid his or her fine, court costs, or other monetary 12
obligation as defined in § 16 -13-701 in full, unless the obligation has been 13
excused by the sentencing court; 14
(B) Served any time in county or regional jail, a Division 15
of Community Correction facility, or a Division of Correction facility in 16
full; and 17
(C) If applicable has: 18
(i) Been discharged from probation or parole; 19
(ii) Completed any suspended sentence; 20
(iii) Paid any court -ordered restitution; 21
(iv) Completed any cou rt-ordered community service; 22
(v) Paid any driver's license suspension 23
reinstatement fees, if a driver's license suspension reinstatement fee was 24
assessed as a result of the person's arrest, plea of guilty or nolo 25
contendere, or a finding of guilt f or the offense; 26
(vi) Completed all other driver's license 27
reinstatement requirements, if a driver's license suspension was imposed as a 28
result of the person's arrest, plea of guilty or nolo contendere, or a 29
finding of guilt for the offense; and 30
(vii) Completed any vocational or technical 31
education or training program that was required as a condition of the 32
person's parole or probation; 33
(2) “Conviction”: 34
(A) Includes the following, after the final act of 35
judgment: 36 HB1013
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(i) A plea of guilty or nolo contendere, unless the 1
plea was entered pursuant to court -ordered probation described in subdivision 2
(2)(B)(iv) of this section, by a person formally charged with an offense; 3
(ii) A finding of guilt, unless the finding was 4
entered pursuant to court-ordered probation described in subdivision 5
(2)(B)(iv) of this section, by a judge or jury after a trial; 6
(iii) A finding of guilt, unless the finding was 7
entered pursuant to court -ordered probation described in subdivision 8
(2)(B)(iv) of this section, after entry of a plea of nolo contendere; 9
(iv) A sentence of supervised probation on a felony 10
charge; 11
(v) A suspended imposition of sentence, as defined 12
in § 16-93-1202, with a fine; 13
(vi) A sentence under § 16 -93-1201 et seq.; 14
(vii) A suspended sentence that is revocable and can 15
subject the person to incarceration or a fine, or both; or 16
(viii) A finding of guilt of a person whose case 17
proceeded under § 16 -93-301 et seq. and who violated the terms and condi tions 18
of § 16-93-301 et seq.; and 19
(B) Does not include: 20
(i) An order nolle prosequi; 21
(ii) A suspended imposition of sentence, as defined 22
in § 16-93-1202, with no fine; 23
(iii) An acquittal for any reason; 24
(iv) An order that the defendant enter a 25
diversionary program that requires him or her to accomplish certain court -26
ordered objectives but that does not result in a finding of guilt if the 27
program is successfully completed; 28
(v) A court-ordered probationary period under : 29
(a) The former § 5-64-413; or 30
(b) Section 16-93-301 et seq.; 31
(vi) The entry of a plea of guilty or nolo 32
contendere without the court's making a finding of guilt or entering a 33
judgment of guilt with the consent of the defendant or t he resultant 34
discharge, dismissal, and sealing of the defendant as prescribed by § 16 -93-35
301 et seq.; 36 HB1013
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(vii) The entry of a directed verdict by a court at 1
trial; or 2
(viii) The dismissal of a charge either with or 3
without prejudice; 4
(3) “Court” means a sentencing circuit court, unless otherwise 5
specifically identified; 6
(4) "Discharge, dismissal, and sealing" means the court 7
retroactively discharges, dismisses, and seals a person's felony conviction, 8
the effect of which is that the felony conviction is erased from the person's 9
criminal history to the extent that it never occurred; 10
(5) "Discharged, dismissed, and sealed" means a case has 11
resulted in a successful discharge, dismissal, and sealing under this 12
subchapter; 13
(6) “Sentence” means the outcome formally entered by a court 14
upon a person in criminal proceedings; 15
(7) “Uniform order” means a uniform order to discharge, dismiss, 16
and seal a conviction that prohibits the person from lawfully possessing a 17
firearm under state law; an d 18
(8) “Uniform petition” means a uniform petition to discharge, 19
dismiss, and seal a conviction that prohibits the person from lawfully 20
possessing a firearm under state law. 21
22
16-90-1603. Convictions prohibiting person from possessing firearm 23
eligible for discharge, dismissal, and sealing. 24
(a) Unless prohibited under this section, a person may file a uniform 25
petition under this subchapter ten (10) years or more after the completion of 26
the person's sentence for any felony that is not listed below or c ontained in 27
the following chapters or subchapters: 28
(1) Homicide, § 5-10-101 et seq.; 29
(2) Kidnapping and related offenses, § 5 -11-101 et seq.; 30
(3) Robbery, § 5-12-101 et seq.; 31
(4) Criminal attempt, § 5 -3-201 et seq.; 32
(5) Terroristic threats and acts, § 5-13-301 et seq.; 33
(6) Sexual offenses, § 5 -14-101 et seq.; 34
(7) Voyeurism offenses, § 5 -16-101 et seq.; 35
(8) Death threats, § 5 -17-101 et seq.; 36 HB1013
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(9) The Human Trafficking Act of 2013, § 5 -18-101 et seq.; 1
(10) Domestic battering and assault, § 5-26-301 et seq.; 2
(11) Custody and visitation, § 5 -26-501 et seq.; 3
(12) The Arkansas Protection of Children Against Exploitation 4
Act of 1979, § 5-27-301 et seq.; 5
(13) Use of children in sexual performances, § 5 -27-401 et seq.; 6
(14) Computer crimes against minors, § 5 -27-601 et seq.; 7
(15) Abuse of adults, § 5 -28-101 et seq.; 8
(16) Damage or destruction of property, § 5 -38-101 et seq.; 9
(17) Causing a catastrophe, § 5 -38-202; 10
(18) Residential burglary, § 5 -39-201; 11
(19) Aggravated residential burglary, § 5 -39-204; 12
(20) First degree escape, § 5 -54-110, second degree escape, § 5 -13
54-111, third degree escape, § 5 -54-112, and permitting escape in the first 14
degree, § 5-54-113; 15
(21) Fleeing, § 5-54-125; 16
(22) Killing or injuring animals used by law enforcement or 17
search and rescue dogs, § 5 -54-126; 18
(23) Terrorism, § 5 -54-201 et seq.; 19
(24) Animals, § 5-62-101 et seq.; 20
(25) Trafficking a controlled substance, § 5 -64-440; 21
(26) Aggravated riot, § 5 -71-202; 22
(27) Stalking, § 5-71-229; 23
(28) Weapons, § 5-73-101 et seq.; 24
(29) The Arkansas Criminal Gang, Organization, and Enterprise 25
Act, § 5-74-101 et seq.; 26
(30) A felony that requires a person to register as a sex 27
offender under the Sex Offender Registration Act of 1997, § 12-12-901 et 28
seq.; or 29
(31) A felony involving violence as defined in § 5 -4-501(d)(2). 30
(b)(1) A person may file only one (1) uniform petition during his or 31
her lifetime. 32
(2) A person filing a uniform petition may petition to 33
discharge, dismiss, and seal a felony and any related felonies that occurred 34
out of the same course of conduct or criminal episode but may not petition to 35
discharge, dismiss, and seal multiple felonies that have no causal 36 HB1013
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connection. 1
2
16-90-1604. Procedure. 3
(a)(1) A person who is eligible to have a conviction discharged, 4
dismissed, and sealed and have his or her rights to lawfully possess a 5
firearm under state law restored under this subchapter may file a uniform 6
petition that includes a request to reinvest jur isdiction in the circuit 7
court in the county in which the offense was committed and in which the 8
person was convicted for the offense or offenses he or she is petitioning to 9
have discharged, dismissed, and sealed. 10
(2)(A) A circuit court shall consider t he request to reinvest 11
jurisdiction if the person has completed all the requirements under this 12
subchapter. 13
(B) The merits of a uniform petition may be considered 14
only after the circuit court reinvests jurisdiction in the circuit court. 15
(C) Upon reinvestment of jurisdiction, the circuit court 16
may not consider any other matters concerning the person filing the uniform 17
petition not otherwise covered under this subchapter. 18
(b)(1)(A) A copy of the uniform petition shall be served upon the 19
prosecuting attorney for the county in which the uniform petition is filed 20
and the arresting agency, if the arresting agency is a named party, within 21
three (3) days of the filing of the uniform petition. 22
(B) It is not necessary to make the arresting agency a 23
party to the action. 24
(2)(A) The prosecuting attorney may file a notice opposing a 25
uniform petition with the court setting forth reasons for the opposition to 26
the uniform petition. 27
(B) A court may not sign a uniform order granting relief 28
without a hearing and may not grant the uniform petition until thirty (30) 29
days have passed since the uniform petition was served on the prosecuting 30
attorney. 31
(3)(A) If after a hearing the court determines that the felony 32
conviction shall be discharged, dismissed, and sealed, the uniform order 33
shall be entered and filed with the circuit court clerk. 34
(B)(i) The circuit court clerk with whom a uniform order 35
is filed shall certify copies of the uniform order to the prosecuting 36 HB1013
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attorney who filed the underlying char ges, the arresting agency, the Arkansas 1
Crime Information Center, and, if applicable, any district court in which the 2
person appeared before the transfer or appeal of the case to circuit court. 3
(ii) The Administrative Office of the Courts shall 4
only accept certified copies of the uniform orders filed in circuit court. 5
(c)(1) The circuit court clerk and, if applicable, the district court 6
clerk for the district court in which the person appeared before the transfer 7
or appeal of the case to circuit cou rt shall: 8
(A) Remove all petitions, orders, docket sheets, receipts, 9
and documents relating to the felony conviction; 10
(B) Place the records described in subdivision (c)(1)(A) 11
of this section in a file; and 12
(C) Sequester the records described in subdivision 13
(c)(1)(A) of this section in a separate and confidential holding area within 14
the clerk's office. 15
(2)(A) A docket sheet shall be prepared to replace the docket 16
sheet containing information pertaining to the discharged, dismissed, and 17
sealed felony conviction. 18
(B) The replacement docket sheet shall contain the docket 19
number, a statement that the felony conviction has been discharged, 20
dismissed, and sealed, and the date that the order to discharge, dismiss, and 21
seal the felony convicti on was issued. 22
(3) All indices to the file of the person with a discharged, 23
dismissed, and sealed felony conviction shall be maintained in a manner to 24
prevent general access to the identification of the person. 25
(d) The prosecuting attorney shall: 26
(1) Remove the entire case file and documents or other items 27
related to the felony conviction; 28
(2) Place the records described in subdivision (d)(1) of this 29
section in a file; and 30
(3) Sequester the records described in subdivision (d)(1) of 31
this section in a confidential holding area within his or her office. 32
(e) The arresting agency shall: 33
(1) Remove its entire record file and documents or other items 34
relating to the felony conviction, including any evidence still in the 35
arresting agency's p ossession; 36 HB1013
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(2) Place the records described in subdivision (e)(1) of this 1
section in a file; and 2
(3) Sequester the records described in subdivision (e)(1) of 3
this section in a confidential holding area within the arresting agency. 4
(f) Upon notification of a uniform order, all circuit clerks, district 5
clerks, arresting agencies, and other criminal justice agencies maintaining 6
records in a computer -generated database shall either segregate the entire 7
record, including receipts, into a separate file o r ensure by other 8
electronic means that the discharged, dismissed, and sealed felony conviction 9
shall not be available for general access unless otherwise authorized by law. 10
11
16-90-1605. Uniform petition and uniform order. 12
(a) The Arkansas Crime Inform ation Center shall adopt and provide a 13
uniform petition and uniform order to be used by a petitioner and any circuit 14
court in this state. 15
(b) An order to discharge, dismiss, and seal a felony conviction 16
covered by this subchapter is not effective unless the uniform order is 17
entered. 18
(c)(1) The uniform petition shall include a statement verified under 19
oath indicating whether the person has felony charges pending in any state or 20
federal court and the status of the pending felony charges as well as wheth er 21
the person is required to register as a sex offender under the Sex Offender 22
Registration Act of 1997, § 12 -12-901 et seq. 23
(2) The uniform petition also shall include a statement that the 24
information contained in the uniform petition is true and corr ect to the best 25
of the petitioner's knowledge. 26
(d) The uniform order shall contain, at a minimum, the following data: 27
(1) The person's full name, race, gender, and date of birth; 28
(2) The person's full name at the time of arrest and 29
adjudication of guilt, if applicable, if different from the person's current 30
name; 31
(3) The felony offense for which the person was adjudicated 32
guilty and that resulted in the revocation of his or her right to lawfully 33
possess a firearm under state law, and the date of the disposition; 34
(4) The identity of the sentencing court; 35
(5) The provision under this subchapter that provides for 36 HB1013
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discharging and dismissing of the felony conviction, if applicable; 1
(6) The specific felony conviction or convictions to be 2
discharged, dismissed, and sealed; 3
(7) The arrest tracking number; 4
(8) The system identification number (SID); and 5
(9) The Federal Bureau of Investigation number, if known. 6
7
16-90-1606. Burden of proof — Standard of review. 8
(a) For a uniform petition filed under this subchapter, unless the 9
circuit court is presented with and finds that there is clear and convincing 10
evidence that a felony conviction should not be discharged, dismissed, and 11
sealed and the person's right to lawfully possess a firearm restored, the 12
circuit court shall discharge, dismiss, and seal the felony conviction. 13
(b)(1) An appeal of the grant or denial of the uniform petition may be 14
taken by either party. 15
(2) An appeal from the circuit court shall be taken as provide d 16
by Supreme Court rule, and the appellate court shall review the case using an 17
abuse of discretion standard. 18
19
16-90-1607. Release of discharged, dismissed, and sealed felony 20
conviction records. 21
(a)(1) As used in this section, “custodian” does not mean the Arkansas 22
Crime Information Center. 23
(2) Access to data maintained by the center shall be governed by 24
§ 12-12-1001 et seq. 25
(b) The custodian of a record of a discharged, dismissed, and sealed 26
felony conviction shall not disclose the existence of t he record of a 27
discharged, dismissed, and sealed felony conviction or release the record of 28
a discharged, dismissed, and sealed felony conviction except when requested 29
by: 30
(1) The person whose felony conviction was discharged, 31
dismissed, and sealed or the person's attorney when authorized in writing by 32
the person; 33
(2) A criminal justice agency, as defined in § 12 -12-1001, and 34
the request is accompanied by a statement that the request is being made in 35
conjunction with: 36 HB1013
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(A) An application for emp loyment with the criminal 1
justice agency by the person whose felony conviction has been discharged, 2
dismissed, and sealed; or 3
(B) A criminal background check under the Polygraph 4
Examiners Licensing Act, § 17 -39-101 et seq., or the Private Security Age ncy, 5
Private Investigator, and School Security Licensing and Credentialing Act, § 6
17-40-101 et seq.; 7
(3) A court, upon a showing of: 8
(A) A subsequent adjudication of guilt of the person whose 9
felony conviction was discharged or dismissed; or 10
(B) Another good reason shown to be in the interests of 11
justice; 12
(4) A prosecuting attorney, and the request is accompanied by a 13
statement that the request is being made for a criminal justice purpose; 14
(5) A state agency or board engaged in the lic ensing of 15
healthcare professionals; 16
(6) The center; or 17
(7) The Arkansas Commission on Law Enforcement Standards and 18
Training. 19
20
16-90-1608. Effect of discharge, dismissal, and sealing. 21
(a)(1) A person whose felony conviction has been discharged, 22
dismissed, and sealed under this subchapter shall have all privileges and 23
rights restored, including the right to lawfully possess a firearm under 24
state law, and the conviction that has been discharged, dismissed, and sealed 25
shall not affect any of his or her civil rights or liberties unless otherwise 26
specifically provided by law. 27
(2) A person who wants to reacquire the right to vote removed 28
from him or her as the result of a felony conviction shall follow the 29
procedures in Arkansas Constitu tion, Amendment 51, § 11. 30
(b)(1) Upon the entry of the uniform order, the person's underlying 31
conduct shall be deemed as a matter of law never to have occurred, and the 32
person may state that the underlying conduct did not occur and that a record 33
of the felony for which the person was convicted was discharged, dismissed, 34
and sealed does not exist. 35
(2) This subchapter does not prevent the use of the record of a 36 HB1013
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prior felony conviction otherwise discharged, dismissed, and sealed under 1
this subchapter for the following purposes: 2
(A) A criminal proceeding for any purpose not otherwise 3
prohibited by law; 4
(B) Determination of offender status under the former § 5 -5
64-413; 6
(C) Habitual offender status, § 5 -4-501 et seq.; 7
(D) Impeachment upon cross-examination as dictated by the 8
Arkansas Rules of Evidence; 9
(E) Healthcare professional licensure by a state agency or 10
board; 11
(F) Any disclosure mandated by Rule 17, Rule 18, or Rule 12
19 of the Arkansas Rules of Criminal Procedure; or 13
(G) Determination of certification, eligibility for 14
certification, or of the ability to act as a law enforcement officer, by the 15
Arkansas Commission on Law Enforcement Standards and Training. 16
17
16-90-1609. Uniform petition and uniform order — Creation. 18
The Arkansas Crime Information Center shall develop and draft the form 19
to be used for the uniform petition and uniform order under this subchapter. 20
21
16-90-1610. Filing fee. 22
The circuit clerk shall not collect a fee for filing the uniform 23
petition under this subchapter. 24
25
16-90-1611. Retroactivity. 26
This subchapter applies to all felony convictions occurring before, on, 27
or after the effective date of this act. 28
29
30
31
32
33
34
35
36