Arkansas 2023 2023 Regular Session

Arkansas House Bill HB1013 Draft / Bill

Filed 02/06/2023

                    Stricken language would be deleted from and underlined language would be added to present law. 
*MBM011* 	02-06-2023 09:23:50 MBM011 
 
State of Arkansas 	As Engrossed:  H2/6/23  1 
94th General Assembly A Bill     2 
Regular Session, 2023  	HOUSE BILL 1013 3 
 4 
By: Representatives V. Flowers, F. Allen, Crawford, Duffield, K. Ferguson, Hudson, Milligan, Nicks, J. 5 
Richardson, Scott, Tosh, Vaught, Watson 6 
By: Senators Irvin, G. Leding, R. Murdock 7 
  8 
For An Act To Be Entitled 9 
AN ACT TO ESTABLISH A PATH TO RESTORATIO N OF THE 10 
RIGHT TO POSSESS A F IREARM UNDER STATE L AW AFTER A 11 
TEN (10) YEAR PERIOD HAS PASSED SINCE A P ERSON 12 
CONVICTED OF CERTAIN NONVIOLENT FELONIES HAS 13 
COMPLETED HIS OR HER SENTENCE; TO PROVIDE FOR THE 14 
DISCHARGE, DISMISSAL, AND SEALING OF A NONVIOLENT 15 
FELONY CONVICTION; A ND FOR OTHER PURPOSE S.  16 
 17 
 18 
Subtitle 19 
TO ESTABLISH A PATH TO RESTORATION OF THE 20 
RIGHT TO POSSESS A FIREARM; AND TO 21 
PROVIDE FOR THE DISCHARGE, DISMISSAL, AND 22 
SEALING OF A NONVIOLENT FELONY 23 
CONVICTION. 24 
 25 
 26 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27 
 28 
 SECTION 1.  DO NOT CODIFY.  LEGISLATIVE INTENT. 29 
 (a)(1)  One (1) in three (3) United States adults, or seventy nine 30 
million (79,000,000) adults holds a criminal record. 31 
 (2)  Approximately twenty four percent (24%) of them, or 32 
approximately nineteen million (19,000,000), have been convicted of a felony, 33 
and ten percent (10%) of them, or approximately seven million seven hundred 34 
thousand (7,700,000), have been imprisoned at leas t once in their lifetimes. 35 
 (b)  Both federal and Arkansas law prohibit the purchase or possession 36   As Engrossed:  H2/6/23 	HB1013 
 
 	2 	02-06-2023 09:23:50 MBM011 
 
 
of a firearm by a person who has been convicted of a felony. 1 
 (c)(1)  Tens of thousands of Arkansans who have committed nonviolent 2 
felonies have not only pa id their debts to society but have since lived law -3 
abiding lives for over a decade. 4 
 (2)  Yet, those Arkansans are prohibited from purchasing and 5 
possessing a firearm to hunt, to protect their businesses, and to protect 6 
their families. 7 
 (d)  Criminologists studying recidivism have found that felons usually 8 
have to stay out of trouble for about a decade before their risk of 9 
committing a crime equals that of other people with no criminal record. 10 
 (e)(1)  Twenty-four (24) states provide nonviolen t felons a pathway to 11 
restore their right to purchase and possess a firearm. 12 
 (2)  In five (5) states, some nonviolent felons never lose their 13 
rights, while other states establish time frames for automatic restoration, 14 
and still others provide processes t hrough the courts, boards, commissions, 15 
and other administrative avenues.  16 
 (f)  With sparse research data available, an April 2008 report by the 17 
Washington State Sentencing Guidelines Commission suggests that offenders 18 
with restored gun rights in Washingt on state are roughly five (5) times less 19 
likely to recidivate than other offenders.  20 
 21 
 SECTION 2.  Arkansas Code § 5 -73-103(a) and (b), concerning the offense 22 
of possession of a firearm by certain persons, are amended to read as 23 
follows: 24 
 (a)  Except as provided in subsection (d) of this section or unless 25 
authorized by and subject to such conditions as prescribed by the Governor , 26 
or his or her designee, or the United States Bureau of Alcohol, Tobacco, 27 
Firearms, and Explosives, or other bureau or office desi gnated by the United 28 
States Department of Justice, no a person shall not possess or own any a 29 
firearm who if he or she has been: 30 
  (1)  Convicted of a felony; 31 
  (2)  Adjudicated mentally ill; or 32 
  (3)  Committed involuntarily to any a mental institution. 33 
 (b)(1)  Except as provided in subdivisions (b)(2) and (3) of this 34 
section, a determination by a jury or a court that a person committed a 35 
felony constitutes a conviction for purposes of subsection (a) of this 36  As Engrossed:  H2/6/23 	HB1013 
 
 	3 	02-06-2023 09:23:50 MBM011 
 
 
section even though the court suspended impo sition of sentence or placed the 1 
defendant on probation. 2 
  (2)  Subdivision (b)(1) of this section does not apply to a 3 
person whose case was dismissed and expunged under § 16 -93-301 et seq. or § 4 
16-98-303(g). 5 
  (3)  The determination by the jury or court that the person 6 
committed a felony does not constitute a conviction for purposes of 7 
subsection (a) of this section if the person is subsequently granted a pardon 8 
explicitly restoring the ability to possess a firearm or if the conviction is 9 
discharged, dismissed, and sealed under § 16 -90-1601 et seq. 10 
 11 
 SECTION 2. Arkansas Code § 5-73-309(5), concerning licensing 12 
requirements for a license to carry a concealed handgun, is amended to read 13 
as follows: 14 
 (5)  Has not been convicted of a felony in a court of thi s state, 15 
of any other state, or of the United States unless: 16 
  (A)  The applicant is subsequently granted a pardon by the 17 
Governor or the President of the United States explicitly restoring his or 18 
her ability to possess a firearm; 19 
  (B)  The applicant was sentenced prior to March 13, 1995, 20 
and the record of conviction has been sealed or expunged under Arkansas law; 21 
or 22 
  (C)  The applicant's offense was dismissed and sealed or 23 
expunged under § 16-93-301 et seq. or § 16-98-303(g); or 24 
 (D)  The applicant’s offense was discharged, dismissed, and 25 
sealed under § 16-90-1601 et seq.; 26 
 27 
 SECTION 3.  Arkansas Code Title 16, Chapter 90, is amended to add an 28 
additional subchapter to read as follows: 29 
 30 
Subchapter 16 — Firearm Right Restoration 31 
 32 
 16-90-1601.  Scope. 33 
 (a)  This subchapter concerns the discharge, dismissal, and sealing of 34 
a person's state felony conviction that prohibits the person from lawfully 35 
possessing a firearm under state law. 36  As Engrossed:  H2/6/23 	HB1013 
 
 	4 	02-06-2023 09:23:50 MBM011 
 
 
 (b)  This subchapter is separate and distinct from the Comprehensive 1 
Criminal Record Sealing Act of 2013, § 16 -90-1401 et seq. 2 
 3 
 16-90-1602.  Definitions. 4 
 As used in this subchapter: 5 
  (1)  “Completion of a person's sentence” means that the person, 6 
after being found guilty of a felony, has: 7 
  (A)  Paid his or her fine, court costs, or other monetary 8 
obligation as defined in § 16 -13-701 in full, unless the obligation has been 9 
excused by the sentencing court; 10 
  (B)  Served any time in county or regional jail, a Division 11 
of Community Correction facil ity, or a Division of Correction facility in 12 
full; and 13 
  (C)  If applicable has: 14 
   (i)  Been discharged from probation or parole; 15 
   (ii)  Completed any suspended sentence; 16 
   (iii)  Paid any court -ordered restitution; 17 
   (iv)  Completed any court-ordered community service; 18 
   (v)  Paid any driver's license suspension 19 
reinstatement fees, if a driver's license suspension reinstatement fee was 20 
assessed as a result of the person's arrest, plea of guilty or nolo 21 
contendere, or a finding of gui lt for the offense; 22 
   (vi)  Completed all other driver's license 23 
reinstatement requirements, if a driver's license suspension was imposed as a 24 
result of the person's arrest, plea of guilty or nolo contendere, or a 25 
finding of guilt for the offense; and 26 
   (vii)  Completed any vocational or technical 27 
education or training program that was required as a condition of the 28 
person's parole or probation; 29 
  (2)  “Conviction”: 30 
  (A)  Includes the following, after the final act of 31 
judgment: 32 
   (i)  A plea of guilty or nolo contendere, unless the 33 
plea was entered pursuant to court -ordered probation described in subdivision 34 
(2)(B)(iv) of this section, by a person formally charged with an offense; 35 
   (ii)  A finding of guilt, unless the finding was 36  As Engrossed:  H2/6/23 	HB1013 
 
 	5 	02-06-2023 09:23:50 MBM011 
 
 
entered pursuant to court-ordered probation described in subdivision 1 
(2)(B)(iv) of this section, by a judge or jury after a trial; 2 
   (iii)  A finding of guilt, unless the finding was 3 
entered pursuant to court -ordered probation described in subdivision 4 
(2)(B)(iv) of this section, after entry of a plea of nolo contendere; 5 
   (iv)  A sentence of supervised probation on a felony 6 
charge; 7 
   (v)  A suspended imposition of sentence, as defined 8 
in § 16-93-1202, with a fine; 9 
   (vi)  A sentence under § 16 -93-1201 et seq.; 10 
   (vii)  A suspended sentence that is revocable and can 11 
subject the person to incarceration or a fine, or both; or 12 
   (viii)  A finding of guilt of a person whose case 13 
proceeded under § 16 -93-301 et seq. and who violated the terms and c onditions 14 
of § 16-93-301 et seq.; and 15 
  (B)  Does not include: 16 
   (i)  An order nolle prosequi; 17 
   (ii)  A suspended imposition of sentence, as defined 18 
in § 16-93-1202, with no fine; 19 
   (iii)  An acquittal for any reason; 20 
   (iv)  An order that the defendant enter a 21 
diversionary program that requires him or her to accomplish certain court	-22 
ordered objectives but that does not result in a finding of guilt if the 23 
program is successfully completed; 24 
   (v)  A court-ordered probationary period un der: 25 
   (a)  The former § 5-64-413; or 26 
   (b)  Section 16-93-301 et seq.; 27 
   (vi)  The entry of a plea of guilty or nolo 28 
contendere without the court's making a finding of guilt or entering a 29 
judgment of guilt with the consent of the defendant o r the resultant  30 
discharge, dismissal, and sealing of the defendant as prescribed by § 16	-93-31 
301 et seq.; 32 
   (vii)  The entry of a directed verdict by a court at 33 
trial; or 34 
   (viii)  The dismissal of a charge either with or 35 
without prejudice; 36  As Engrossed:  H2/6/23 	HB1013 
 
 	6 	02-06-2023 09:23:50 MBM011 
 
 
  (3)  “Court” means a sentencing circuit court, unless otherwise 1 
specifically identified; 2 
 (4)  "Discharge, dismissal, and sealing" means the court 3 
retroactively discharges, dismisses, and seals a person's felony conviction, 4 
the effect of which is that the fel ony conviction is erased from the person's 5 
criminal history to the extent that it never occurred; 6 
 (5)  "Discharged, dismissed, and sealed" means a case has 7 
resulted in a successful discharge, dismissal, and sealing under this 8 
subchapter;  9 
 (6)  “Sentence” means the outcome formally entered by a court 10 
upon a person in criminal proceedings; 11 
  (7)  “Uniform order” means a uniform order to discharge, dismiss, 12 
and seal a conviction that prohibits the person from lawfully possessing a 13 
firearm under state law; and 14 
  (8)  “Uniform petition” means a uniform petition to discharge, 15 
dismiss, and seal a conviction that prohibits the person from lawfully 16 
possessing a firearm under state law. 17 
 18 
 16-90-1603.  Convictions prohibiting person from possessing firearm 19 
eligible for discharge, dismissal, and sealing. 20 
 (a)  Unless prohibited under this section, a person may file a uniform 21 
petition under this subchapter ten (10) years or more after the completion of 22 
the person's sentence for any felony that is not listed below o r contained in  23 
the following chapters or subchapters: 24 
  (1)  Homicide, § 5-10-101 et seq.; 25 
 (2)  Kidnapping and related offenses, § 5 -11-101 et seq.; 26 
 (3)  Robbery, § 5-12-101 et seq.; 27 
 (4)  Terroristic threats and acts, § 5 -13-301 et seq.; 28 
 (5)  Sexual offenses, § 5 -14-101 et seq.; 29 
 (6)  Voyeurism offenses, § 5 -16-101 et seq.; 30 
 (7)  Death threats, § 5 -17-101 et seq.; 31 
 (8)  The Human Trafficking Act of 2013, § 5 -18-101 et seq.; 32 
 (9)  Domestic battering and assault, § 5 -26-301 et seq.; 33 
 (10)  Custody and visitation, § 5 -26-501 et seq.; 34 
 (11)  The Arkansas Protection of Children Against Exploitation 35 
Act of 1979, § 5-27-301 et seq.; 36  As Engrossed:  H2/6/23 	HB1013 
 
 	7 	02-06-2023 09:23:50 MBM011 
 
 
 (12)  Use of children in sexual performances, § 5 -27-401 et seq.; 1 
 (13)  Computer crimes against minors, § 5 -27-601 et seq.; 2 
 (14)  Abuse of adults, § 5 -28-101 et seq.; 3 
 (15)  Damage or destruction of property, § 5 -38-101 et seq.; 4 
 (16)  Causing a catastrophe, § 5 -38-202;  5 
 (17)  Residential burglary, § 5 -39-201; 6 
 (18)  Aggravated residential burglary, § 5 -39-204; 7 
 (19)  First degree escape, § 5 -54-110, second degree escape, § 5 -8 
54-111, third degree escape, § 5 -54-112, and permitting escape in the first 9 
degree, § 5-54-113; 10 
 (20)  Fleeing, § 5-54-125; 11 
 (21)  Killing or injuring animals used by law enforcement or 12 
search and rescue dogs, § 5 -54-126; 13 
 (22)  Terrorism, § 5 -54-201 et seq.; 14 
 (23)  Animals, § 5-62-101 et seq.; 15 
 (24)  Trafficking a controlled substance, § 5 -64-440; 16 
 (25)  Aggravated riot, § 5 -71-202; 17 
 (26)  Stalking, § 5-71-229; 18 
 (27)  Weapons, § 5-73-101 et seq.; 19 
 (28)  The Arkansas Criminal Gang, Organization, or Enterprise 20 
Act, § 5-74-101 et seq.; 21 
 (29)  A felony that requires a person to register as a sex 22 
offender under the Sex Offender Registration Act of 1997, § 12 -12-901 et 23 
seq.;  24 
  (30) A serious felony involving violence as defined in § 5 -4-25 
501(c)(2) or a felony involving violence as defined in § 5 -4-501(d)(2); or 26 
 (31)  An attempt, solicitation, or conspiracy to commit any of 27 
the felonies listed in subdivisions (a)(1) -(30) of this section, if the 28 
attempt, solicitation, or conspiracy itself is a felony. 29 
 (b)(1)  A person may file only one (1) uniform petition during his or 30 
her lifetime, with regard to a felony. 31 
 (2)  A person filing a uniform petition may petition to 32 
discharge, dismiss, and seal a felony and any related felonies that occurred 33 
out of the same course of conduct or criminal episode not listed in 34 
subsection (a) of this section and may not petition to discharge, dismiss, 35 
and seal multiple felonies that have no causal connection. 36  As Engrossed:  H2/6/23 	HB1013 
 
 	8 	02-06-2023 09:23:50 MBM011 
 
 
 (3)  A person is eligible to file a uniform petition even if the 1 
person had his or her conviction sealed under other law before the effective 2 
date of this act. 3 
 16-90-1604.  Procedure. 4 
 (a)(1)  A person who is eligible to have a conviction di scharged, 5 
dismissed, and sealed and have his or her rights to lawfully possess a 6 
firearm under state law restored under this subchapter may file a uniform 7 
petition that includes a request to reinvest jurisdiction in the circuit 8 
court in the county in which the offense was committed and in which the 9 
person was convicted for the offense or offenses he or she is petitioning to 10 
have discharged, dismissed, and sealed. 11 
 (2)(A)  A circuit court shall consider the request to reinvest 12 
jurisdiction if the person has completed all the requirements under this 13 
subchapter. 14 
 (B)  The merits of a uniform petition may be considered 15 
only after the circuit court reinvests jurisdiction in the circuit court. 16 
 (C)  Upon reinvestment of jurisdiction, the circuit court 17 
may not consider any other matters concerning the person filing the uniform 18 
petition not otherwise covered under this subchapter. 19 
 (3)  If an order of protection was entered in a proceeding 20 
against the person and remains in effect at the time of the uniform peti	tion, 21 
the person is not eligible to file a uniform petition.  22 
 (b)(1)(A)  A copy of the uniform petition shall be served upon the 23 
prosecuting attorney for the county in which the uniform petition is filed 24 
and the arresting agency, if the arresting agency i s a named party, within 25 
three (3) days of the filing of the uniform petition. 26 
  (B)  It is not necessary to make the arresting agency a 27 
party to the action. 28 
 (C)(i)  If the felony conviction the petitioner is seeking 29 
to have discharged, dismissed, and sealed is for a violent or a sexual 30 
offense, the prosecuting attorney shall notify the victim of the violent or 31 
sexual offense or his or her next of kin at the last known address and 32 
telephone number of the victim or his or her next of kin if the victim 33 
requested notification of a proceeding under this subchapter. 34 
 (ii)  It is the responsibility of the victim or his 35 
or her next of kin to notify the prosecuting attorney of any change in: 36  As Engrossed:  H2/6/23 	HB1013 
 
 	9 	02-06-2023 09:23:50 MBM011 
 
 
 (a)  Address or phone number; or 1 
 (b)  His or her desire t o be notified of any 2 
proceeding under this subchapter in the future. 3 
  (2)(A)  The prosecuting attorney may file a notice opposing a 4 
uniform petition with the court setting forth reasons for the opposition to 5 
the uniform petition. 6 
  (B)  A court may not sign a uniform order granting relief 7 
without a hearing and may not grant the uniform petition until thirty (30) 8 
days have passed since the uniform petition was served on the prosecuting 9 
attorney. 10 
  (3)(A)  If after a hearing the court determines that the felony 11 
conviction shall be discharged, dismissed, and sealed, the uniform order 12 
shall be entered and filed with the circuit court clerk. 13 
 (B)(i)  The circuit court clerk with whom a uniform order 14 
is filed shall certify copies of the uniform order to the prosecuting 15 
attorney who filed the underlying charges, the arresting agency, the Arkansas 16 
Crime Information Center, and, if applicable, any district court in which the 17 
person appeared before the transfer or appeal of the case to circuit court. 18 
  (ii)  The Administrative Office of the Courts shall 19 
only accept certified copies of the uniform orders filed in circuit court. 20 
 (c)(1)  The circuit court clerk and, if applicable, the district court 21 
clerk for the district court in which the person appeared befor e the transfer 22 
or appeal of the case to circuit court shall: 23 
  (A)  Remove all petitions, orders, docket sheets, receipts, 24 
and documents relating to the felony conviction; 25 
  (B)  Place the records described in subdivision (c)(1)(A) 26 
of this section in a file; and 27 
  (C)  Sequester the records described in subdivision 28 
(c)(1)(A) of this section in a separate and confidential holding area within 29 
the clerk's office. 30 
  (2)(A)  A docket sheet shall be prepared to replace the docket 31 
sheet containing informati on pertaining to the discharged, dismissed, and 32 
sealed felony conviction. 33 
  (B)  The replacement docket sheet shall contain the docket 34 
number, a statement that the felony conviction has been discharged, 35 
dismissed, and sealed, and the date that the order to discharge, dismiss, and 36  As Engrossed:  H2/6/23 	HB1013 
 
 	10 	02-06-2023 09:23:50 MBM011 
 
 
seal the felony conviction was issued. 1 
  (3)  All indices to the file of the person with a discharged, 2 
dismissed, and sealed felony conviction shall be maintained in a manner to 3 
prevent general access to the identification of the person. 4 
 (d)  The prosecuting attorney shall: 5 
  (1)  Remove the entire case file and documents or other items 6 
related to the felony conviction; 7 
  (2)  Place the records described in subdivision (d)(1) of this 8 
section in a file; and 9 
  (3)  Sequester the records described in subdivision (d)(1) of 10 
this section in a confidential holding area within his or her office. 11 
 (e)  The arresting agency shall: 12 
  (1)  Remove its entire record file and documents or other items 13 
relating to the felony conviction, including any evidence still in the 14 
arresting agency's possession; 15 
  (2)  Place the records described in subdivision (e)(1) of this 16 
section in a file; and 17 
  (3)  Sequester the records described in subdivision (e)(1) of 18 
this section in a confidential hold ing area within the arresting agency. 19 
 (f)  Upon notification of a uniform order, all circuit clerks, district 20 
clerks, arresting agencies, and other criminal justice agencies maintaining 21 
records in a computer -generated database shall either segregate the e ntire 22 
record, including receipts, into a separate file or ensure by other 23 
electronic means that the discharged, dismissed, and sealed felony conviction 24 
shall not be available for general access unless otherwise authorized by law. 25 
 26 
 16-90-1605.  Uniform petition and uniform order. 27 
 (a)  The Arkansas Crime Information Center shall adopt and provide a 28 
uniform petition and uniform order to be used by a petitioner and any circuit 29 
court in this state. 30 
  (b)  An order to discharge, dismiss, and seal a felony convi ction 31 
covered by this subchapter is not effective unless the uniform order is 32 
entered. 33 
  (c)(1)  The uniform petition shall include a statement verified under 34 
oath indicating whether the person has felony charges pending in any state or 35 
federal court and the status of the pending felony charges, whether the 36  As Engrossed:  H2/6/23 	HB1013 
 
 	11 	02-06-2023 09:23:50 MBM011 
 
 
person is required to register as a sex offender under the Sex Offender  1 
Registration Act of 1997, § 12 -12-901 et seq., and whether the person is 2 
currently subject to an order of protection in this state or a similar order 3 
in any other state. 4 
  (2)  The uniform petition also shall include a statement that the 5 
information contained in the uniform petition is true and correct to the best 6 
of the petitioner's knowledge. 7 
  (d)  The uniform order shall contain , at a minimum, the following data: 8 
  (1)  The person's full name, race, gender, and date of birth; 9 
  (2)  The person's full name at the time of arrest and 10 
adjudication of guilt, if applicable, if different from the person's current 11 
name; 12 
  (3)  The felony offense for which the person was adjudicated 13 
guilty and that resulted in the revocation of his or her right to lawfully 14 
possess a firearm under state law, and the date of the disposition; 15 
  (4)  The identity of the sentencing court; 16 
  (5)  The provision under this subchapter that provides for 17 
discharging and dismissing of the felony conviction, if applicable; 18 
  (6)  The specific felony conviction or convictions to be 19 
discharged, dismissed, and sealed; 20 
  (7)  The arrest tracking number; 21 
  (8)  The system identification number (SID); and 22 
  (9)  The Federal Bureau of Investigation number, if known. 23 
 24 
 16-90-1606.  Burden of proof — Standard of review. 25 
 (a)  For a uniform petition filed under this subchapter, unless the 26 
circuit court is presented with and finds that there is clear and convincing 27 
evidence that a felony conviction should not be discharged, dismissed, and 28 
sealed and the person's right to lawfully possess a firearm restored, the 29 
circuit court shall discharge, dismiss, and seal the felony co nviction. 30 
 (b)(1)  An appeal of the grant or denial of the uniform petition may be 31 
taken by either party. 32 
  (2)  An appeal from the circuit court shall be taken as provided 33 
by Supreme Court rule, and the appellate court shall review the case using an 34 
abuse of discretion standard. 35 
 36  As Engrossed:  H2/6/23 	HB1013 
 
 	12 	02-06-2023 09:23:50 MBM011 
 
 
 16-90-1607.  Release of discharged, dismissed, and sealed felony 1 
conviction records. 2 
 (a)(1)  As used in this section, “custodian” does not mean the Arkansas 3 
Crime Information Center. 4 
  (2)  Access to data maintained by the cen ter shall be governed by 5 
§ 12-12-1001 et seq. 6 
 (b)  The custodian of a record of a discharged, dismissed, and sealed 7 
felony conviction shall not disclose the existence of the record of a 8 
discharged, dismissed, and sealed felony conviction or release the re	cord of 9 
a discharged, dismissed, and sealed felony conviction except when requested 10 
by: 11 
  (1)  The person whose felony conviction was discharged, 12 
dismissed, and sealed or the person's attorney when authorized in writing by 13 
the person; 14 
  (2)  A criminal justice agency, as defined in § 12 -12-1001, and 15 
the request is accompanied by a statement that the request is being made in 16 
conjunction with: 17 
  (A)  An application for employment with the criminal 18 
justice agency by the person whose felony conviction has b een discharged, 19 
dismissed, and sealed; or 20 
  (B)  A criminal background check under the Polygraph 21 
Examiners Licensing Act, § 17 -39-101 et seq., or the Private Security Agency, 22 
Private Investigator, and School Security Licensing and Credentialing Act, § 23 
17-40-101 et seq.; 24 
  (3)  A court, upon a showing of: 25 
  (A)  A subsequent adjudication of guilt of the person whose 26 
felony conviction was discharged or dismissed; or 27 
  (B)  Another good reason shown to be in the interests of 28 
justice; 29 
  (4)  A prosecuting attorney, and the request is accompanied by a 30 
statement that the request is being made for a criminal justice purpose; 31 
  (5)  A state agency or board engaged in the licensing of 32 
healthcare professionals; 33 
  (6)  The center; or 34 
  (7)  The Arkansas Commission on Law Enforcement Standards and 35 
Training. 36  As Engrossed:  H2/6/23 	HB1013 
 
 	13 	02-06-2023 09:23:50 MBM011 
 
 
 1 
 16-90-1608.  Effect of discharge, dismissal, and sealing. 2 
 (a)(1)  A person whose felony conviction has been discharged, 3 
dismissed, and sealed under this subchapter shall have all privileges and 4 
rights restored, including the right to lawfully possess a firearm under 5 
state law, and the conviction that has been discharged, dismissed, and sealed 6 
shall not affect any of his or her civil rights or liberties unless otherwise 7 
specifically provided by law. 8 
  (2)  A person who wants to reacquire the right to vote removed 9 
from him or her as the result of a felony conviction shall follow the 10 
procedures in Arkansas Constitution, Amendment 51, § 11. 11 
  (b)(1)  Upon the entry of the uniform order, the person's unde rlying 12 
conduct shall be deemed as a matter of law never to have occurred, and the 13 
person may state that the underlying conduct did not occur and that a record 14 
of the felony for which the person was convicted was discharged, dismissed, 15 
and sealed does not e xist. 16 
  (2)  This subchapter does not prevent the use of the record of a 17 
prior felony conviction otherwise discharged, dismissed, and sealed under 18 
this subchapter for the following purposes: 19 
  (A)  A criminal proceeding for any purpose not otherwise 20 
prohibited by law; 21 
  (B)  Determination of offender status under the former § 5 -22 
64-413; 23 
  (C)  Habitual offender status, § 5 -4-501 et seq.; 24 
  (D)  Impeachment upon cross -examination as dictated by the 25 
Arkansas Rules of Evidence; 26 
  (E)  Healthcare professional licensure by a state agency or 27 
board; 28 
  (F)  Any disclosure mandated by Rule 17, Rule 18, or Rule 29 
19 of the Arkansas Rules of Criminal Procedure; or 30 
  (G)  Determination of certification, eligibility for 31 
certification, or of the ability to act as a law enforcement officer, by the 32 
Arkansas Commission on Law Enforcement Standards and Training. 33 
 34 
 16-90-1609.  Uniform petition and uniform order — Creation. 35 
 The Arkansas Crime Information Center shall develop and draft the form 36  As Engrossed:  H2/6/23 	HB1013 
 
 	14 	02-06-2023 09:23:50 MBM011 
 
 
to be used for the uniform petition and uniform order under this subchapter. 1 
 2 
 16-90-1610.  Filing fee. 3 
 The circuit clerk shall not collect a fee for filing the uniform 4 
petition under this subchapter. 5 
 6 
 16-90-1611.  Retroactivity. 7 
 This subchapter applies to all felony co nvictions occurring before, on,  8 
or after the effective date of this act.  9 
 10 
/s/V. Flowers 11 
 12 
 13 
 14 
 15 
 16 
 17 
 18 
 19 
 20 
 21 
 22 
 23 
 24 
 25 
 26 
 27 
 28 
 29 
 30 
 31 
 32 
 33 
 34 
 35 
 36