HB1136
To Amend The Comprehensive Criminal Record Sealing Act Of 2013; And To Prohibit A Court From Granting A Uniform Petition When A Person Is Subject To An Active Warrant Of Arrest.
AI-Generated Summary
This bill proposes amendments to Arkansas's Comprehensive Criminal Record Sealing Act of 2013. The primary change is to explicitly prohibit courts from granting a uniform petition to seal criminal records if the petitioner is currently subject to an active warrant of arrest. The bill clarifies that the uniform petition must include a statement, verified under oath, detailing whether the petitioner has pending felony charges in any state or federal court and their status. Additionally, it mandates that the petition must also state whether the petitioner is subject to an active warrant of arrest. A further requirement is for the petition to disclose if the individual is required to register as a sex offender. The bill introduces a new subsection to the burden of proof and standard of review section, reinforcing the prohibition against granting a sealing petition for individuals with active warrants. Essentially, the bill adds an active arrest warrant as a disqualifying condition for sealing criminal records.
Potential Impact Analysis
Who Might Benefit?
Individuals who have successfully completed their sentences and are not currently facing new charges or have outstanding warrants would be potential beneficiaries, as they would continue to have the opportunity to seek the sealing of their criminal records. Law enforcement agencies and the judicial system may also benefit from a clearer process for determining eligibility for record sealing, potentially reducing administrative burdens related to processing petitions from individuals with outstanding legal issues. The general public could also see indirect benefits through a system that more effectively addresses individuals with unresolved legal matters.
Who Might Suffer?
Individuals who have an active warrant of arrest, regardless of the nature of the underlying offense or the time elapsed since any conviction, would be directly and negatively impacted. This bill would prevent them from petitioning to seal their criminal records, even if they have otherwise met all the requirements for expungement. This could create a barrier for individuals attempting to re-enter the workforce or society, as their past records would remain visible while they are unable to pursue sealing due to an outstanding warrant. The process of resolving an active warrant can sometimes be complex or delayed, potentially prolonging the inability to seal records.