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  1. #1
    Join Date
    Jun 2015
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    Default Do You Have to Disclose Your Record After Getting a Pardon

    My question involves criminal records for the state of: Arkansas My question concerns disclosing pardoned criminal record. Am I required to disclose Pardoned criminal record to other state agencies, if record has been pardoned and expunged?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Do You Have to Disclose Your Record After Getting a Pardon

    Disclose for what purpose?

    A pardon has the same effect as an order sealing a record. See Arkansas Code, Sec. 16-90-1411.
    Quote Quoting Arkansas Code, Sec. 16-90-1416. Release of sealed records.
    (a) The custodian of a sealed record shall not disclose the existence of the sealed record or release the sealed record except when requested by:

    (1) The person whose record was sealed or the person's attorney when authorized in writing by the person;

    (2) A criminal justice agency, as defined in 12-12-1001, and the request is accompanied by a statement that the request is being made in conjunction with an application for employment with the criminal justice agency by the person whose record has been sealed;

    (3) A court, upon a showing of:

    (A) A subsequent adjudication of guilt of the person whose record has been sealed; or

    (B) Another good reason shown to be in the interests of justice;

    (4) A prosecuting attorney, and the request is accompanied by a statement that the request is being made for a criminal justice purpose; or

    (5) The Arkansas Crime Information Center.

    (b)

    (1) As used in this section, "custodian" does not mean the Arkansas Crime Information Center.

    (2) Access to data maintained by the center shall be governed by 12-12-1001 et seq.
    Quote Quoting 16-90-1417. Effect of sealing.
    (a)

    (1) A person whose record has been sealed under this subchapter shall have all privileges and rights restored, and the record that has been sealed shall not affect any of his or her civil rights or liberties unless otherwise specifically provided by law.

    (2) A person who wants to reacquire the right to vote removed from him or her as the result of a felony conviction must follow the procedures in Arkansas Constitution, Amendment 51, 11.

    (3) The effect of this subchapter does not reconfer the right to carry a firearm if that right was removed as the result of a felony conviction.

    (b)

    (1) Upon the entry of the uniform order, the person's underlying conduct shall be deemed as a matter of law never to have occurred, and the person may state that the underlying conduct did not occur and that a record of the person that was sealed does not exist.

    (2) This subchapter does not prevent the use of a prior conviction otherwise sealed under this subchapter for the following purposes:

    (A) Any criminal proceeding for any purpose not otherwise prohibited by law;

    (B) Determination of offender status under the former 5-64-413;

    (C) Habitual offender status, 5-4-501 et seq.;

    (D) Impeachment upon cross-examination as dictated by the Arkansas Rules of Evidence; or

    (E) Any disclosure mandated by Rule 17, 18, or 19 of the Arkansas Rules of Criminal Procedure.

  3. #3
    Join Date
    Jun 2015
    Posts
    2

    Default Re: Do You Have to Disclose Your Record After Getting a Pardon

    Quote Quoting Mr. Knowitall
    View Post
    Disclose for what purpose? I will be applying for a pardon in another state once the pardon is approved, I do not want to disclose unless required to. thank you

    A pardon has the same effect as an order sealing a record. See Arkansas Code, Sec. 16-90-1411.
    I will be applying for a pardon from another state, I do not want to disclose, unless required to do so. thank you

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