Arkansas 2023 2023 Regular Session

Arkansas House Bill HB1013 Draft / Bill

Filed 03/16/2023

                    Stricken language would be deleted from and underlined language would be added to present law. 
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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 
 
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 (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 
 
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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 
 
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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 
 
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   (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 
 
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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 
 
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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 
 
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 (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 
 
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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 
 
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  (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 
 
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 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 
 
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 (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 
 
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  (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 
 
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  (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 
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 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 
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 16-90-1610.  Filing fee. 11 
 The circuit clerk shall not collect a fee for filing the uniform 12 
petition under this subchapter. 13 
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 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 
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/s/V. Flowers 19 
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