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 H3/27/23 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; TO 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 DISCH ARGE, DISMISSAL, 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 seve n hundred 35
thousand (7,700,000), have been imprisoned at least once in their lifetimes. 36 As Engrossed: H2/6/23 H3/16/23 H3/27/23 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 Arkan sans 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 bu sinesses, 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 re storation, 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 offenders 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 H3/27/23 HB1013
3 03-27-2023 11:06:50 MBM011
felony constitutes a conviction for purposes of subsection (a) of th is 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 H3/27/23 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 H3/27/23 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 H3/27/23 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 and fully restore a person's right to possess a firearm 14
under state law; and 15
(8) “Uniform petition” means a uniform petition to discharge, 16
dismiss, and seal a conviction and fully restore a person's right to poss ess 17
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 subchapter 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 H3/27/23 HB1013
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Act of 1979, § 5-27-301 et seq.; 1
(12) Exposing a child to a chemical substance or 2
methamphetamine, § 5 -27-230; 3
(13) Use of children in sexual performances, § 5 -27-401 et seq.; 4
(14) Computer crimes against minors, § 5 -27-601 et seq.; 5
(15) Abuse of adults, § 5 -28-101 et seq.; 6
(16) Damage or dest ruction of property, § 5 -38-101 et seq.; 7
(17) Causing a catastrophe, § 5 -38-202; 8
(18) Arson, § 5-38-301; 9
(19) Residential burglary, § 5 -39-201; 10
(20) Aggravated residential burglary, § 5 -39-204; 11
(21) Treason, § 5-51-201; 12
(22) 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
(23) Fleeing, § 5-54-125; 16
(24) Killing or injuring animals used by law enforcement or 17
search and rescue dog s, § 5-54-126; 18
(25) Terrorism, § 5 -54-201 et seq.; 19
(26) Animals, § 5-62-101 et seq.; 20
(27) Trafficking a controlled substance, § 5 -64-440; 21
(28) Aggravated riot, § 5 -71-202; 22
(29) Stalking, § 5-71-229; 23
(30) Weapons, § 5-73-101 et seq.; 24
(31) The Arkansas Criminal Gang, Organization, or Enterprise 25
Act, § 5-74-101 et seq.; 26
(32) 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.; 29
(33) A serious felony in volving violence as defined in § 5 -4-30
501(c)(2) or a felony involving violence as defined in § 5 -4-501(d)(2); 31
(34) An attempt, solicitation, or conspiracy to commit any of 32
the felonies listed in subdivisions (a)(1) -(33) of this section, if the 33
attempt, solicitation, or conspiracy itself is a felony; or 34
(35) A felony traffic offense committed in any type of motor 35
vehicle if the person was a holder of a commercial learner's permit or 36 As Engrossed: H2/6/23 H3/16/23 H3/27/23 HB1013
8 03-27-2023 11:06:50 MBM011
commercial driver's license at the time the felony traffic offense was 1
committed. 2
(b)(1) Except as provided in subdivision (b)(3) of this section, a 3
person may file only one (1) uniform petition under this subchapter or the 4
Comprehensive Criminal Record Sealing Act of 2013, § 16 -90-1401 et seq., 5
during his or her lifetime, with regard to a felony. 6
(2) A person filing a uniform petition may petition to 7
discharge, dismiss, and seal a felony and any related felonies that occurred 8
out of the same course of conduct or criminal episode not listed in 9
subsection (a) of this section and may not petition to discharge, dismiss, 10
and seal multiple felonies that have no causal connection. 11
(3) A person is eligible to file a uniform petition under this 12
subchapter to fully restore the person's right to possess a firearm under 13
state law even if the person had his or her conviction sealed under another 14
law before the effective date of this act. 15
16-90-1604. Procedure. 16
(a)(1) A person who is eligible to have a conviction discharged, 17
dismissed, and sealed and have his or her rights t o lawfully possess a 18
firearm under state law fully restored under this subchapter may file a 19
uniform petition that includes a request to reinvest jurisdiction in the 20
circuit court in the county in which the offense was committed and in which 21
the person was convicted for the offense or offenses he or she is petitioning 22
to have discharged, dismissed, and sealed. 23
(2)(A) A circuit court shall consider the request to reinvest 24
jurisdiction if the person has completed all the requirements under this 25
subchapter. 26
(B) The merits of a uniform petition may be considered 27
only after the circuit court reinvests jurisdiction in the circuit court. 28
(C) Upon reinvestment of jurisdiction, the circuit court 29
may not consider any other matters concerning the person fili ng the uniform 30
petition not otherwise covered under this subchapter. 31
(3) If an order of protection was entered in a proceeding 32
against the person and remains in effect at the time of the uniform petition, 33
the person is not eligible to file a uniform pet ition. 34
(b)(1)(A) A copy of the uniform petition shall be served upon the 35
prosecuting attorney for the county in which the uniform petition is filed 36 As Engrossed: H2/6/23 H3/16/23 H3/27/23 HB1013
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and the arresting agency, if the arresting agency is a named party, within 1
three (3) days of the filing o f the uniform petition. 2
(B) It is not necessary to make the arresting agency a 3
party to the action. 4
(C)(i) If the felony conviction the petitioner is seeking 5
to have discharged, dismissed, and sealed is for a violent or a sexual 6
offense, the prosecuting attorney shall notify the victim of the violent or 7
sexual offense or his or her next of kin at the last known address and 8
telephone number of the victim or his or her next of kin if the victim 9
requested notification of a proceeding under this subcha pter. 10
(ii) It is the responsibility of the victim or his 11
or her next of kin to notify the prosecuting attorney of any change in: 12
(a) Address or phone number; or 13
(b) His or her desire to be notified of any 14
proceeding under this subchapter in the future. 15
(2)(A) The prosecuting attorney may file a notice opposing a 16
uniform petition with the court, stating the reasons, without limitation, for 17
the opposition of the petition. 18
(B) A court may not sign a uniform order granting relief 19
without a hearing and may not grant the uniform petition until thirty (30) 20
days have passed since the uniform petition was served on the prosecuting 21
attorney. 22
(C) The prosecuting attorney shall file a response to the 23
uniform petition notifying the court when a uniform petition is filed by a 24
person who used a firearm during the commission of the felony that led to the 25
felony conviction if the felony conviction was: 26
(i) A conviction for a nonviolent offense; and 27
(ii) The result of a plea bargain. 28
(3)(A) If after a hearing the court determines that the felony 29
conviction shall be discharged, dismissed, and sealed, the uniform order 30
shall be entered and filed with the circuit court clerk. 31
(B)(i) The circuit court clerk with whom a uniform orde r 32
is filed shall certify copies of the uniform order to the prosecuting 33
attorney who filed the underlying charges, the arresting agency, the Arkansas 34
Crime Information Center, and, if applicable, any district court in which the 35
person appeared before the t ransfer or appeal of the case to circuit court. 36 As Engrossed: H2/6/23 H3/16/23 H3/27/23 HB1013
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(ii) The Administrative Office of the Courts shall 1
only accept certified copies of the uniform orders filed in circuit court. 2
(c)(1) The circuit court clerk and, if applicable, the district court 3
clerk for the district court in which the person appeared before the transfer 4
or appeal of the case to circuit court shall: 5
(A) Remove all petitions, orders, docket sheets, receipts, 6
and documents relating to the felony conviction; 7
(B) Place the records described in subdivision (c)(1)(A) 8
of this section in a file; and 9
(C) Sequester the records described in subdivision 10
(c)(1)(A) of this section in a separate and confidential holding area within 11
the clerk's office. 12
(2)(A) A docket sheet sha ll be prepared to replace the docket 13
sheet containing information pertaining to the discharged, dismissed, and 14
sealed felony conviction. 15
(B) The replacement docket sheet shall contain the docket 16
number, a statement that the felony conviction has been discharged, 17
dismissed, and sealed, and the date that the order to discharge, dismiss, and 18
seal the felony conviction was issued. 19
(3) All indices to the file of the person with a discharged, 20
dismissed, and sealed felony conviction shall be maintained in a manner to 21
prevent general access to the identification of the person. 22
(d) The prosecuting attorney shall: 23
(1) Remove the entire case file and documents or other items 24
related to the felony conviction; 25
(2) Place the records described in subdivi sion (d)(1) of this 26
section in a file; and 27
(3) Sequester the records described in subdivision (d)(1) of 28
this section in a confidential holding area within his or her office. 29
(e) The arresting agency shall: 30
(1) Remove its entire record file and do cuments or other items 31
relating to the felony conviction, including any evidence still in the 32
arresting agency's possession; 33
(2) Place the records described in subdivision (e)(1) of this 34
section in a file; and 35
(3) Sequester the records described in subdivision (e)(1) of 36 As Engrossed: H2/6/23 H3/16/23 H3/27/23 HB1013
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this section in a confidential holding area within the arresting agency. 1
(f) Upon notification of a uniform order, all circuit clerks, district 2
clerks, arresting agencies, and other criminal justice agencies maintaining 3
records in a computer-generated database shall either segregate the entire 4
record, including receipts, into a separate file or ensure by other 5
electronic means that the discharged, dismissed, and sealed felony conviction 6
shall not be available for general access unle ss otherwise authorized by law. 7
8
16-90-1605. Uniform petition and uniform order. 9
(a) The Arkansas Crime Information Center shall adopt and provide a 10
uniform petition and uniform order to be used by a petitioner and any circuit 11
court in this state. 12
(b)(1) An order to discharge, dismiss, and seal a felony conviction 13
and to fully restore a person's right to possess a firearm under state law is 14
not effective unless the uniform order is entered . 15
(2) An order entered in response to a uniform petition filed 16
under § 16-90-1603(b)(3) to fully restore a person's right to possess a 17
firearm under state law is not effective unless the uniform order is 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, whether the 21
person is required to register as a sex offender under the Sex Offender 22
Registration Act of 1997, § 12 -12-901 et seq., and whether th e person is 23
currently subject to an order of protection in this state or a similar order 24
in any other state. 25
(2) The uniform petition also shall include a statement that the 26
information contained in the uniform petition is true and correct to the best 27
of the petitioner's knowledge. 28
(d) The uniform order shall contain, at a minimum, the following data: 29
(1) The person's full name, race, gender, and date of birth; 30
(2) The person's full name at the time of arrest and 31
adjudication of guilt, if app licable, if different from the person's current 32
name; 33
(3) The felony offense for which the person was adjudicated 34
guilty and that resulted in the revocation of his or her right to lawfully 35
possess a firearm under state law, and the date of the disposit ion; 36 As Engrossed: H2/6/23 H3/16/23 H3/27/23 HB1013
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(4) The identity of the sentencing court; 1
(5) The provision under this subchapter that provides for 2
discharging and dismissing of the felony conviction, if applicable; 3
(6) The specific felony conviction or convictions to be 4
discharged, dismissed, and sealed; 5
(7) The arrest tracking number; 6
(8) The system identification number (SID); and 7
(9) The Federal Bureau of Investigation number, if known. 8
9
16-90-1606. Burden of proof — Standard of review. 10
(a) For a uniform petition f iled under this subchapter, unless the 11
circuit court is presented with and finds that there is clear and convincing 12
evidence that a felony conviction should not be discharged, dismissed, and 13
sealed and the person's right to lawfully possess a firearm fully restored, 14
the circuit court shall discharge, dismiss, and seal the felony conviction. 15
(b)(1) An appeal of the grant or denial of the uniform petition may be 16
taken by either party. 17
(2) An appeal from the circuit court shall be taken as provided 18
by Supreme Court rule, and the appellate court shall review the case using an 19
abuse of discretion standard. 20
21
16-90-1607. Release of discharged, dismissed, and sealed felony 22
conviction records. 23
(a)(1) As used in this section, “custodian” does not mean the Ar kansas 24
Crime Information Center. 25
(2) Access to data maintained by the center shall be governed by 26
§ 12-12-1001 et seq. 27
(b) The custodian of a record of a discharged, dismissed, and sealed 28
felony conviction shall not disclose the existence of the reco rd of a 29
discharged, dismissed, and sealed felony conviction or release the record of 30
a discharged, dismissed, and sealed felony conviction except when requested 31
by: 32
(1) The person whose felony conviction was discharged, 33
dismissed, and sealed or the per son's attorney when authorized in writing by 34
the person; 35
(2) A criminal justice agency, as defined in § 12 -12-1001, and 36 As Engrossed: H2/6/23 H3/16/23 H3/27/23 HB1013
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the request is accompanied by a statement that the request is being made in 1
conjunction with: 2
(A) An application for employment with the criminal 3
justice agency by the person whose felony conviction has been discharged, 4
dismissed, and sealed; or 5
(B) A criminal background check under the Polygraph 6
Examiners Licensing Act, § 17 -39-101 et seq., or the Private Security Agency, 7
Private Investigator, and School Security Licensing and Credentialing Act, § 8
17-40-101 et seq.; 9
(3) A court, upon a showing of: 10
(A) A subsequent adjudication of guilt of the person whose 11
felony conviction was discharged or dismissed; or 12
(B) Another good reason shown to be in the interests of 13
justice; 14
(4) A prosecuting attorney, and the request is accompanied by a 15
statement that the request is being made for a criminal justice purpose; 16
(5) A state agency or board engaged in the licensing of 17
healthcare professionals; 18
(6) The center; or 19
(7) The Arkansas Commission on Law Enforcement Standards and 20
Training. 21
22
16-90-1608. Effect of discharge, dismissal, and sealing. 23
(a)(1) A person whose felony conviction has been discharged, 24
dismissed, and sealed under this subchapter shall have all privileges and 25
rights fully restored, including the right to lawfully possess a firearm 26
under state law, and the conviction that has been dis charged, dismissed, and 27
sealed shall not affect any of his or her civil rights or liberties unless 28
otherwise specifically provided by law. 29
(2) A person who has a uniform order entered in response to a 30
uniform petition filed under § 16 -90-1603(b)(3) shall have his or her right 31
to lawfully possess a firearm under state law fully restored. 32
(3) A person who wants to reacquire the right to vote removed 33
from him or her as the result of a felony conviction shall follow the 34
procedures in Arkansas Constitution , Amendment 51, § 11. 35
(b)(1) Upon the entry of the uniform order, unless entered in response 36 As Engrossed: H2/6/23 H3/16/23 H3/27/23 HB1013
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to a uniform petition filed under § 16 -90-1603(b)(3), the person's underlying 1
conduct shall be deemed as a matter of law never to have occurred, and the 2
person may state that the underlying conduct did not occur and that a record 3
of the felony for which the person was convicted was discharged, dismissed, 4
and sealed and does not exist. 5
(2) This subchapter does not prevent the use of the record of a 6
prior felony conviction otherwise discharged, dismissed, and sealed under 7
this subchapter for the following purposes: 8
(A) A criminal proceeding for any purpose not otherwise 9
prohibited by law; 10
(B) Determination of offender status under the former § 5 -11
64-413; 12
(C) Habitual offender status, § 5 -4-501 et seq.; 13
(D) Impeachment upon cross -examination as dictated by the 14
Arkansas Rules of Evidence; 15
(E) Healthcare professional licensure by a state agency or 16
board; 17
(F) Any disclosure mandated by Ru le 17, Rule 18, or Rule 18
19 of the Arkansas Rules of Criminal Procedure; or 19
(G) Determination of certification, eligibility for 20
certification, or of the ability to act as a law enforcement officer, by the 21
Arkansas Commission on Law Enforcement Standard s and Training. 22
23
16-90-1609. Uniform petition and uniform order — Creation. 24
The Arkansas Crime Information Center shall develop and draft the form 25
to be used for the uniform petition and uniform order under this subchapter. 26
27
16-90-1610. Filing fee. 28
The circuit clerk shall not collect a fee for filing the uniform 29
petition under this subchapter. 30
31
16-90-1611. Retroactivity. 32
This subchapter applies to all felony convictions occurring before, on, 33
or after the effective date of this act. 34
35
/s/V. Flowers 36