Stricken language would be deleted from and underlined language would be added to present law. *MBM011* 03-16-2023 09:57:51 MBM011 State of Arkansas As Engrossed: H2/6/23 H3/16/23 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, L. Johnson 6 By: Senators G. Stubblefield, Caldwell, A. Clark, Gilmore, Hester, Irvin, G. Leding, M. McKee, R. 7 Murdock 8 9 For An Act To Be Entitled 10 AN ACT TO ESTABLISH A PATH TO RESTORATIO N OF THE 11 RIGHT TO POSSESS A F IREARM UNDER STATE L AW AFTER A 12 TEN (10) YEAR PERIOD HAS PASSED SINCE A P ERSON 13 CONVICTED OF CERTAIN NONVIOLENT FELONIES HAS 14 COMPLETED HIS OR HER SENTENCE; T O PROVIDE FOR THE 15 DISCHARGE, DISMISSAL , AND SEALING OF A N ONVIOLENT 16 FELONY CONVICTION; A ND FOR OTHER PURPOSE S. 17 18 19 Subtitle 20 TO ESTABLISH A PATH TO RESTORATION OF THE 21 RIGHT TO POSSESS A FIREARM; AND TO 22 PROVIDE FOR THE DISCHARGE, DISMISS AL, AND 23 SEALING OF A NONVIOLENT FELONY 24 CONVICTION. 25 26 27 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 28 29 SECTION 1. DO NOT CODIFY. LEGISLATIVE INTENT. 30 (a)(1) One (1) in three (3) United States adults, or seventy nine 31 million (79,000,000) adults holds a criminal record. 32 (2) Approximately twenty four percent (24%) of them, or 33 approximately nineteen million (19,000,000), have been convicted of a felony, 34 and ten percent (10%) of them, or approximately seven million seven hundre d 35 thousand (7,700,000), have been imprisoned at least once in their lifetimes. 36 As Engrossed: H2/6/23 H3/16/23 HB1013 2 03-16-2023 09:57:51 MBM011 (b) Both federal and Arkansas law prohibit the purchase or possession 1 of a firearm by a person who has been convicted of a felony. 2 (c)(1) Tens of thousands of Arkansans who have committed nonviolent 3 felonies have not only paid their debts to society but have since lived law -4 abiding lives for over a decade. 5 (2) Yet, those Arkansans are prohibited from purchasing and 6 possessing a firearm to hunt, to protect their businesses , and to protect 7 their families. 8 (d) Criminologists studying recidivism have found that felons usually 9 have to stay out of trouble for about a decade before their risk of 10 committing a crime equals that of other people with no criminal record. 11 (e)(1) Twenty-four (24) states provide nonviolent felons a pathway to 12 restore their right to purchase and possess a firearm. 13 (2) In five (5) states, some nonviolent felons never lose their 14 rights, while other states establish time frames for automatic restoratio n, 15 and still others provide processes through the courts, boards, commissions, 16 and other administrative avenues. 17 (f) With sparse research data available, an April 2008 report by the 18 Washington State Sentencing Guidelines Commission suggests that offende rs 19 with restored gun rights in Washington state are roughly five (5) times less 20 likely to recidivate than other offenders. 21 22 SECTION 2. Arkansas Code § 5 -73-103(a) and (b), concerning the offense 23 of possession of a firearm by certain persons, are amended to read as 24 follows: 25 (a) Except as provided in subsection (d) of this section or unless 26 authorized by and subject to such conditions as prescribed by the Governor , 27 or his or her designee, or the United States Bureau of Alcohol, Tobacco, 28 Firearms, and Explosives, or other bureau or office designated by the United 29 States Department of Justice, no a person shall not possess or own any a 30 firearm who if he or she has been: 31 (1) Convicted of a felony; 32 (2) Adjudicated mentally ill; or 33 (3) Committed involuntarily to any a mental institution. 34 (b)(1) Except as provided in subdivisions (b)(2) and (3) of this 35 section, a determination by a jury or a court that a person committed a 36 As Engrossed: H2/6/23 H3/16/23 HB1013 3 03-16-2023 09:57:51 MBM011 felony constitutes a conviction for purposes of subsection (a) of this 1 section even though the court suspended imposition of sentence or placed the 2 defendant on probation. 3 (2) Subdivision (b)(1) of this section does not apply to a 4 person whose case was dismissed and expunged under § 16 -93-301 et seq. or § 5 16-98-303(g). 6 (3) The determination by the jury or court that the person 7 committed a felony does not constitute a conviction for purposes of 8 subsection (a) of this section if the person is subsequently granted a pardon 9 explicitly restoring the ability to possess a firearm or if the conviction is 10 discharged, dismissed, and sealed under § 16 -90-1601 et seq. 11 12 SECTION 2. Arkansas Code § 5-73-309(5), concerning licensing 13 requirements for a license to carry a concealed handgun, is amended to read 14 as follows: 15 (5) Has not been convicted of a felony in a court of this state, 16 of any other state, or of the United States unless: 17 (A) The applicant is subsequently granted a pardon by the 18 Governor or the President of the United States explicitly restoring his or 19 her ability to possess a firearm; 20 (B) The applicant was sentenced prior to March 13, 1995, 21 and the record of conviction has been sealed or expunged under Arkansas law; 22 or 23 (C) The applicant's offense was dismissed and sealed or 24 expunged under § 16-93-301 et seq. or § 16-98-303(g); or 25 (D) The applicant’s offense was discharged, dismissed, and 26 sealed under § 16-90-1601 et seq.; 27 28 SECTION 3. Arkansas Code Title 16, Chapte r 90, is amended to add an 29 additional subchapter to read as follows: 30 31 Subchapter 16 — Firearm Right Restoration 32 33 16-90-1601. Scope. 34 (a) This subchapter concerns the discharge, dismissal, and sealing of 35 a person's state felony conviction that prohibits the person from lawfully 36 As Engrossed: H2/6/23 H3/16/23 HB1013 4 03-16-2023 09:57:51 MBM011 possessing a firearm under state law. 1 (b) This subchapter is separate and distinct from the Comprehensive 2 Criminal Record Sealing Act of 2013, § 16 -90-1401 et seq. 3 4 16-90-1602. Definitions. 5 As used in this subchapter: 6 (1) “Completion of a person's sentence” means that the person, 7 after being found guilty of a felony, has: 8 (A) Paid his or her fine, court costs, or other monetary 9 obligation as defined in § 16 -13-701 in full, unless the obligation has been 10 excused by the sentencing court; 11 (B) Served any time in county or regional jail, a Division 12 of Community Correction facility, or a Division of Correction facility in 13 full; and 14 (C) If applicable has: 15 (i) Been discharged from probation or parole; 16 (ii) Completed any suspended sentence; 17 (iii) Paid any court -ordered restitution; 18 (iv) Completed any court -ordered community service; 19 (v) Paid any driver's license suspension 20 reinstatement fees, if a driver's license suspension reinstatem ent fee was 21 assessed as a result of the person's arrest, plea of guilty or nolo 22 contendere, or a finding of guilt for the offense; 23 (vi) Completed all other driver's license 24 reinstatement requirements, if a driver's license suspension was imposed as a 25 result of the person's arrest, plea of guilty or nolo contendere, or a 26 finding of guilt for the offense; and 27 (vii) Completed any vocational or technical 28 education or training program that was required as a condition of the 29 person's parole or proba tion; 30 (2) “Conviction”: 31 (A) Includes the following, after the final act of 32 judgment: 33 (i) A plea of guilty or nolo contendere, unless the 34 plea was entered pursuant to court -ordered probation described in subdivision 35 (2)(B)(iv) of this sectio n, by a person formally charged with an offense; 36 As Engrossed: H2/6/23 H3/16/23 HB1013 5 03-16-2023 09:57:51 MBM011 (ii) A finding of guilt, unless the finding was 1 entered pursuant to court -ordered probation described in subdivision 2 (2)(B)(iv) of this section, by a judge or jury after a trial; 3 (iii) 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, after entry of a plea of nolo contendere; 6 (iv) A sentence of supervised probation on a felony 7 charge; 8 (v) A suspended imposition of sentence, as defined 9 in § 16-93-1202, with a fine; 10 (vi) A sentence under § 16 -93-1201 et seq.; 11 (vii) A suspended sentence that is revocable and can 12 subject the person to incarceration or a fine, or both; or 13 (viii) A finding of guilt of a person whose case 14 proceeded under § 16 -93-301 et seq. and who violated the terms and conditions 15 of § 16-93-301 et seq.; and 16 (B) Does not include: 17 (i) An order nolle prosequi; 18 (ii) A suspended imposition of sentence, as defined 19 in § 16-93-1202, with no fine; 20 (iii) An acquittal for any reason; 21 (iv) An order that the defendant enter a 22 diversionary program that requires him or her to accomplish certain court -23 ordered objectives but that does not res ult in a finding of guilt if the 24 program is successfully completed; 25 (v) A court-ordered probationary period under: 26 (a) The former § 5-64-413; or 27 (b) Section 16-93-301 et seq.; 28 (vi) The entry of a plea of guilty or nolo 29 contendere without the court's making a finding of guilt or entering a 30 judgment of guilt with the consent of the defendant or the resultant 31 discharge, dismissal, and sealing of the defendant as prescribed by § 16 -93-32 301 et seq.; 33 (vii) The entry of a direc ted verdict by a court at 34 trial; or 35 (viii) The dismissal of a charge either with or 36 As Engrossed: H2/6/23 H3/16/23 HB1013 6 03-16-2023 09:57:51 MBM011 without prejudice; 1 (3) “Court” means a sentencing circuit court, unless otherwise 2 specifically identified; 3 (4) "Discharge, dismissal, and sealing" means the c ourt 4 retroactively discharges, dismisses, and seals a person's felony conviction, 5 the effect of which is that the felony conviction is erased from the person's 6 criminal history to the extent that it never occurred; 7 (5) "Discharged, dismissed, and sealed " means a case has 8 resulted in a successful discharge, dismissal, and sealing under this 9 subchapter; 10 (6) “Sentence” means the outcome formally entered by a court 11 upon a person in criminal proceedings; 12 (7) “Uniform order” means a uniform order to di scharge, dismiss, 13 and seal a conviction that prohibits the person from lawfully possessing a 14 firearm under state law; and 15 (8) “Uniform petition” means a uniform petition to discharge, 16 dismiss, and seal a conviction that prohibits the person from lawful ly 17 possessing a firearm under state law. 18 19 16-90-1603. Convictions prohibiting person from possessing firearm 20 eligible for discharge, dismissal, and sealing. 21 (a) Unless prohibited under this section, a person may file a uniform 22 petition under this subc hapter ten (10) years or more after the completion of 23 the person's sentence for any felony that is not listed below or contained in 24 the following chapters or subchapters: 25 (1) Homicide, § 5-10-101 et seq.; 26 (2) Kidnapping and related offenses, § 5 -11-101 et seq.; 27 (3) Robbery, § 5-12-101 et seq.; 28 (4) Assault and battery, § 5 -13-101 et seq.; 29 (5) Sexual offenses, § 5 -14-101 et seq.; 30 (6) Voyeurism offenses, § 5 -16-101 et seq.; 31 (7) Death threats, § 5 -17-101 et seq.; 32 (8) The Human Trafficking Act of 2013, § 5 -18-101 et seq.; 33 (9) Domestic battering and assault, § 5 -26-301 et seq.; 34 (10) Custody and visitation, § 5 -26-501 et seq.; 35 (11) The Arkansas Protection of Children Against Exploitation 36 As Engrossed: H2/6/23 H3/16/23 HB1013 7 03-16-2023 09:57:51 MBM011 Act of 1979, § 5-27-301 et seq.; 1 (12) Use of children in sexual performances, § 5 -27-401 et seq.; 2 (13) Computer crimes against minors, § 5 -27-601 et seq.; 3 (14) Abuse of adults, § 5 -28-101 et seq.; 4 (15) Damage or destruction of property, § 5 -38-101 et seq.; 5 (16) Causing a cata strophe, § 5-38-202; 6 (17) Residential burglary, § 5 -39-201; 7 (18) Aggravated residential burglary, § 5 -39-204; 8 (19) First degree escape, § 5 -54-110, second degree escape, § 5 -9 54-111, third degree escape, § 5 -54-112, and permitting escape in the fi rst 10 degree, § 5-54-113; 11 (20) Fleeing, § 5-54-125; 12 (21) Killing or injuring animals used by law enforcement or 13 search and rescue dogs, § 5 -54-126; 14 (22) Terrorism, § 5 -54-201 et seq.; 15 (23) Animals, § 5-62-101 et seq.; 16 (24) Trafficking a contro lled substance, § 5-64-440; 17 (25) Aggravated riot, § 5 -71-202; 18 (26) Stalking, § 5-71-229; 19 (27) Weapons, § 5-73-101 et seq.; 20 (28) The Arkansas Criminal Gang, Organization, or Enterprise 21 Act, § 5-74-101 et seq.; 22 (29) A felony that requires a person to register as a sex 23 offender under the Sex Offender Registration Act of 1997, § 12 -12-901 et 24 seq.; 25 (30) A serious felony involving violence as defined in § 5 -4-26 501(c)(2) or a felony involving violence as defined in § 5-4-501(d)(2); 27 (31) An attempt, solicitation, or conspiracy to commit any of 28 the felonies listed in subdivisions (a)(1) -(30) of this section, if the 29 attempt, solicitation, or conspiracy itself is a felony; or 30 (32) A felony traffic offense commit ted in any type of motor 31 vehicle if the person was a holder of a commercial learner's permit or 32 commercial driver's license at the time the felony traffic offense was 33 committed. 34 (b)(1) A person may file only one (1) uniform petition during his or 35 her lifetime, with regard to a felony. 36 As Engrossed: H2/6/23 H3/16/23 HB1013 8 03-16-2023 09:57:51 MBM011 (2) A person filing a uniform petition may petition to 1 discharge, dismiss, and seal a felony and any related felonies that occurred 2 out of the same course of conduct or criminal episode not listed in 3 subsection (a) of th is section and may not petition to discharge, dismiss, 4 and seal multiple felonies that have no causal connection. 5 (3) A person is eligible to file a uniform petition even if the 6 person had his or her conviction sealed under other law before the effectiv e 7 date of this act. 8 16-90-1604. Procedure. 9 (a)(1) A person who is eligible to have a conviction discharged, 10 dismissed, and sealed and have his or her rights to lawfully possess a 11 firearm under state law restored under this subchapter may file a uniform 12 petition that includes a request to reinvest jurisdiction in the circuit 13 court in the county in which the offense was committed and in which the 14 person was convicted for the offense or offenses he or she is petitioning to 15 have discharged, dismissed, and s ealed. 16 (2)(A) A circuit court shall consider the request to reinvest 17 jurisdiction if the person has completed all the requirements under this 18 subchapter. 19 (B) The merits of a uniform petition may be considered 20 only after the circuit court reinvests j urisdiction in the circuit court. 21 (C) Upon reinvestment of jurisdiction, the circuit court 22 may not consider any other matters concerning the person filing the uniform 23 petition not otherwise covered under this subchapter. 24 (3) If an order of protectio n was entered in a proceeding 25 against the person and remains in effect at the time of the uniform petition, 26 the person is not eligible to file a uniform petition. 27 (b)(1)(A) A copy of the uniform petition shall be served upon the 28 prosecuting attorney for the county in which the uniform petition is filed 29 and the arresting agency, if the arresting agency is a named party, within 30 three (3) days of the filing of the uniform petition. 31 (B) It is not necessary to make the arresting agency a 32 party to the action. 33 (C)(i) If the felony conviction the petitioner is seeking 34 to have discharged, dismissed, and sealed is for a violent or a sexual 35 offense, the prosecuting attorney shall notify the victim of the violent or 36 As Engrossed: H2/6/23 H3/16/23 HB1013 9 03-16-2023 09:57:51 MBM011 sexual offense or his or her next of kin a t the last known address and 1 telephone number of the victim or his or her next of kin if the victim 2 requested notification of a proceeding under this subchapter. 3 (ii) It is the responsibility of the victim or his 4 or her next of kin to notify the prosecuting attorney of any change in: 5 (a) Address or phone number; or 6 (b) His or her desire to be notified of any 7 proceeding under this subchapter in the future. 8 (2)(A) The prosecuting attorney may file a notice opposing a 9 uniform petition with the court setting forth reasons for the opposition to 10 the uniform petition. 11 (B) A court may not sign a uniform order granting relief 12 without a hearing and may not grant the uniform petition until thirty (30) 13 days have passed since the uniform p etition was served on the prosecuting 14 attorney. 15 (C) The prosecuting attorney shall file a response to the 16 uniform petition notifying the court when a uniform petition is filed by a 17 person who used a firearm during the commission of the felony that led to the 18 felony conviction if the felony conviction was: 19 (i) A conviction for a nonviolent offense; and 20 (ii) The result of a plea bargain. 21 (3)(A) If after a hearing the court determines that the felony 22 conviction shall be discharged, dismissed, and sealed, the uniform order 23 shall be entered and filed with the circuit court clerk. 24 (B)(i) The circuit court clerk with whom a uniform order 25 is filed shall certify copies of the uniform order to the prosecuting 26 attorney who filed the underlying cha rges, the arresting agency, the Arkansas 27 Crime Information Center, and, if applicable, any district court in which the 28 person appeared before the transfer or appeal of the case to circuit court. 29 (ii) The Administrative Office of the Courts shall 30 only accept certified copies of the uniform orders filed in circuit court. 31 (c)(1) The circuit court clerk and, if applicable, the district court 32 clerk for the district court in which the person appeared before the transfer 33 or appeal of the case to circuit co urt shall: 34 (A) Remove all petitions, orders, docket sheets, receipts, 35 and documents relating to the felony conviction; 36 As Engrossed: H2/6/23 H3/16/23 HB1013 10 03-16-2023 09:57:51 MBM011 (B) Place the records described in subdivision (c)(1)(A) 1 of this section in a file; and 2 (C) Sequester the records described in subdivision 3 (c)(1)(A) of this section in a separate and confidential holding area within 4 the clerk's office. 5 (2)(A) A docket sheet shall be prepared to replace the docket 6 sheet containing information pertaining to the discharged, dismissed , and 7 sealed felony conviction. 8 (B) The replacement docket sheet shall contain the docket 9 number, a statement that the felony conviction has been discharged, 10 dismissed, and sealed, and the date that the order to discharge, dismiss, and 11 seal the felony conviction was issued. 12 (3) All indices to the file of the person with a discharged, 13 dismissed, and sealed felony conviction shall be maintained in a manner to 14 prevent general access to the identification of the person. 15 (d) The prosecuting attorney s hall: 16 (1) Remove the entire case file and documents or other items 17 related to the felony conviction; 18 (2) Place the records described in subdivision (d)(1) of this 19 section in a file; and 20 (3) Sequester the records described in subdivision (d)(1) of 21 this section in a confidential holding area within his or her office. 22 (e) The arresting agency shall: 23 (1) Remove its entire record file and documents or other items 24 relating to the felony conviction, including any evidence still in the 25 arresting agency's possession; 26 (2) Place the records described in subdivision (e)(1) of this 27 section in a file; and 28 (3) Sequester the records described in subdivision (e)(1) of 29 this section in a confidential holding area within the arresting agency. 30 (f) Upon notification of a uniform order, all circuit clerks, district 31 clerks, arresting agencies, and other criminal justice agencies maintaining 32 records in a computer -generated database shall either segregate the entire 33 record, including receipts, into a separa te file or ensure by other 34 electronic means that the discharged, dismissed, and sealed felony conviction 35 shall not be available for general access unless otherwise authorized by law. 36 As Engrossed: H2/6/23 H3/16/23 HB1013 11 03-16-2023 09:57:51 MBM011 1 16-90-1605. Uniform petition and uniform order. 2 (a) The Arkansas Cri me Information Center shall adopt and provide a 3 uniform petition and uniform order to be used by a petitioner and any circuit 4 court in this state. 5 (b) An order to discharge, dismiss, and seal a felony conviction 6 covered by this subchapter is not effecti ve unless the uniform order is 7 entered. 8 (c)(1) The uniform petition shall include a statement verified under 9 oath indicating whether the person has felony charges pending in any state or 10 federal court and the status of the pending felony charges, whethe r the 11 person is required to register as a sex offender under the Sex Offender 12 Registration Act of 1997, § 12 -12-901 et seq., and whether the person is 13 currently subject to an order of protection in this state or a similar order 14 in any other state. 15 (2) The uniform petition also shall include a statement that the 16 information contained in the uniform petition is true and correct to the best 17 of the petitioner's knowledge. 18 (d) The uniform order shall contain, at a minimum, the following data: 19 (1) The person's full name, race, gender, and date of birth; 20 (2) The person's full name at the time of arrest and 21 adjudication of guilt, if applicable, if different from the person's current 22 name; 23 (3) The felony offense for which the person was adjudicate d 24 guilty and that resulted in the revocation of his or her right to lawfully 25 possess a firearm under state law, and the date of the disposition; 26 (4) The identity of the sentencing court; 27 (5) The provision under this subchapter that provides for 28 discharging and dismissing of the felony conviction, if applicable; 29 (6) The specific felony conviction or convictions to be 30 discharged, dismissed, and sealed; 31 (7) The arrest tracking number; 32 (8) The system identification number (SID); and 33 (9) The Federal Bureau of Investigation number, if known. 34 35 16-90-1606. Burden of proof — Standard of review. 36 As Engrossed: H2/6/23 H3/16/23 HB1013 12 03-16-2023 09:57:51 MBM011 (a) For a uniform petition filed under this subchapter, unless the 1 circuit court is presented with and finds that there is clear and convincing 2 evidence that a felony conviction should not be discharged, dismissed, and 3 sealed and the person's right to lawfully possess a firearm restored, the 4 circuit court shall discharge, dismiss, and seal the felony conviction. 5 (b)(1) An appeal of the grant or den ial of the uniform petition may be 6 taken by either party. 7 (2) An appeal from the circuit court shall be taken as provided 8 by Supreme Court rule, and the appellate court shall review the case using an 9 abuse of discretion standard. 10 11 16-90-1607. Release of discharged, dismissed, and sealed felony 12 conviction records. 13 (a)(1) As used in this section, “custodian” does not mean the Arkansas 14 Crime Information Center. 15 (2) Access to data maintained by the center shall be governed by 16 § 12-12-1001 et seq. 17 (b) The custodian of a record of a discharged, dismissed, and sealed 18 felony conviction shall not disclose the existence of the record of a 19 discharged, dismissed, and sealed felony conviction or release the record of 20 a discharged, dismissed, and sealed felo ny conviction except when requested 21 by: 22 (1) The person whose felony conviction was discharged, 23 dismissed, and sealed or the person's attorney when authorized in writing by 24 the person; 25 (2) A criminal justice agency, as defined in § 12 -12-1001, and 26 the request is accompanied by a statement that the request is being made in 27 conjunction with: 28 (A) An application for employment with the criminal 29 justice agency by the person whose felony conviction has been discharged, 30 dismissed, and sealed; or 31 (B) A criminal background check under the Polygraph 32 Examiners Licensing Act, § 17 -39-101 et seq., or the Private Security Agency, 33 Private Investigator, and School Security Licensing and Credentialing Act, § 34 17-40-101 et seq.; 35 (3) A court, upon a showing of: 36 As Engrossed: H2/6/23 H3/16/23 HB1013 13 03-16-2023 09:57:51 MBM011 (A) A subsequent adjudication of guilt of the person whose 1 felony conviction was discharged or dismissed; or 2 (B) Another good reason shown to be in the interests of 3 justice; 4 (4) A prosecuting attorney, and the request is accompanied by a 5 statement that the request is being made for a criminal justice purpose; 6 (5) A state agency or board engaged in the licensing of 7 healthcare professionals; 8 (6) The center; or 9 (7) The Arkansas Commission on Law Enforcement Standards and 10 Training. 11 12 16-90-1608. Effect of discharge, dismissal, and sealing. 13 (a) A person whose felony conviction has been discharged, dismissed, 14 and sealed under this subchapter shall have all privileges and rights 15 restored, including the right to lawfully possess a firearm under state law, 16 and the conviction that has been discharged, dismissed, and sealed shall not 17 affect any of his or her civil rights or liberties unless otherwise 18 specifically provided by law. 19 (b)(1) Upon the entry of the uniform order, the perso n's underlying 20 conduct shall be deemed as a matter of law never to have occurred, and the 21 person may state that the underlying conduct did not occur and that a record 22 of the felony for which the person was convicted was discharged, dismissed, 23 and sealed does not exist. 24 (2) This subchapter does not prevent the use of the record of a 25 prior felony conviction otherwise discharged, dismissed, and sealed under 26 this subchapter for the following purposes: 27 (A) A criminal proceeding for any purpose not other wise 28 prohibited by law; 29 (B) Determination of offender status under the former § 5 -30 64-413; 31 (C) Habitual offender status, § 5 -4-501 et seq.; 32 (D) Impeachment upon cross -examination as dictated by the 33 Arkansas Rules of Evidence; 34 (E) Healthcare professional licensure by a state agency or 35 board; 36 As Engrossed: H2/6/23 H3/16/23 HB1013 14 03-16-2023 09:57:51 MBM011 (F) Any disclosure mandated by Rule 17, Rule 18, or Rule 1 19 of the Arkansas Rules of Criminal Procedure; or 2 (G) Determination of certification, eligibility for 3 certification, or of the ability to act as a law enforcement officer, by the 4 Arkansas Commission on Law Enforcement Standards and Training. 5 6 16-90-1609. Uniform petition and uniform order — Creation. 7 The Arkansas Crime Information Center shall develop and draft the form 8 to be used for the uniform petition and uniform order under this subchapter. 9 10 16-90-1610. Filing fee. 11 The circuit clerk shall not collect a fee for filing the uniform 12 petition under this subchapter. 13 14 16-90-1611. Retroactivity. 15 This subchapter applies to al l felony convictions occurring before, on, 16 or after the effective date of this act. 17 18 /s/V. Flowers 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36