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  1. #1
    Join Date
    Aug 2008
    Posts
    2

    Default Can Drug Felonies Be Expunged

    My question involves expungements or pardons for the state of: Arkansas

    My boyfriend has a felony for possession of Meth. The thing about the case is that the drug was found in his friends car and because his friend wouldn't claim it then everyone in the car was arrested and charged.

    I was wondering if he would be able to have his felony record expunged after his probation period ends in 2010.

  2. #2
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Can Drug Felonies Be Expunged

    The key is going to be whether at the time he was placed on probation the disposition was made pursuant to an Act authorizing expungement upon successful completion of probation such as the First Offender Act or Community Corrections Act (commonly referred to as Act 346 or Act 531 but there are others which may apply). Act 531 is frequently used for drug offenders because offenses such as possession of methamphetamine are non-violent target offenses which qualify for expungement. The judgment and disposition order filed in his case should contain that information. If so, then upon successful completion of probation he would file a petition to seal and sequester the record and serve the prosecuting attorney and arresting agency with a copy of the petition. Upon entry of an order sealing and sequestering the record his record would be expunged.

    If his disposition was not made pursuant to an Act authorizing expungement, technically speaking he is not supposed to have his record expunged but depending upon the judicial district involved he may still be able to convince the Court to expunge the record at that point in time.

  3. #3
    Join Date
    Aug 2008
    Posts
    2

    Default Re: Can Drug Felonies Be Expunged

    thank you very much. That was helpful

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