Ark. Code Ann. » Title 16 Chapter 93
Arkansas Code Annotated

Ark. Code Ann. § 16-93-1207 (2026)

Order of court

✓ current as of May 2026
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  1. Upon the sentencing or placing on probation of any person under the provisions of this subchapter, the sentencing court shall issue an order or commitment, whichever is appropriate, in writing, setting forth the following:
    1. That the offender is being:
      1. Committed to the Division of Correction;
      2. Committed to the Division of Correction with judicial transfer to the Division of Community Correction;
      3. Placed on suspended imposition of sentence;
      4. Placed on probation under the provisions of this subchapter; or
      5. Committed to a county jail for a misdemeanor offense committed after January 1, 2007;
    2. That the offender has knowledge and understanding of the consequences of the sentence or placement on probation and violations thereof;
    3. A designation of sentence or supervision length along with community correction program distinctions of that sentence or supervision length;
    4. Any applicable terms and conditions of the sentence or probation term; and
    5. Presentence investigation or sentencing information, including, but not limited to, criminal history elements and other appropriate or necessary information for correctional use.
    1. Upon the successful completion of probation or a commitment to the Division of Correction with judicial transfer to the Division of Community Correction or a commitment to a county jail for one (1) of the offenses targeted by the General Assembly for community correction placement, the court may direct that the record of the offender be sealed with regards to the offense of which the offender was either convicted or placed on probation under the condition that the offender has no more than one (1) previous felony conviction and that the previous felony was other than a conviction for:
      1. A capital offense;
      2. Murder in the first degree, § 5-10-102;
      3. Murder in the second degree, § 5-10-103;
      4. Rape, § 5-14-103;
      5. Kidnapping, § 5-11-102;
      6. Aggravated robbery, § 5-12-103; or
      7. Delivering controlled substances to a minor as prohibited in the former § 5-64-410.
    2. The fact that a prior felony conviction has been previously sealed shall not prevent its counting as a prior conviction for the purposes of this subsection.
    3. The procedure, effect, and definition of “sealed” for the purposes of this subsection shall be in accordance with that established in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.
  3. A court as a condition of probation shall order the defendant to:
        1. Enroll in and complete a vocational, technical, educational, or similar program if the court finds that the defendant's lack of an employable or marketable skill contributes to the defendant's being unemployed.
        2. The court may order the person to pay tuition for any vocational, technical, educational, or similar program in installments after the completion of the vocational, technical, educational, or similar program.
      2. If the defendant is on probation at the end of the vocational, technical, educational, or similar program required under subdivision (c)(1)(A) of this section, he or she shall be required to work in suitable employment for the remainder of his or her probation or for three (3) years, whichever occurs earlier; or
    2. Work consistently in suitable employment for the entire duration of his or her probation or for three (3) years, whichever occurs earlier.

History. Acts 1993, No. 531, § 7; 1993, No. 548, § 7; 1995, No. 998, § 10; 2005, No. 1994, § 477; 2007, No. 744, § 4; 2013, No. 1460, § 15; 2015, No. 1198, § 9; 2019, No. 910, §§ 942, 943.

Amendments. The 2005 amendment substituted “community correction” for “community punishment” in (a)(3) and (b)(1); in (b)(1), substituted “either convicted or placed on probation … as prohibited in § 5-64-701(a)(2)” for “convicted under the following conditions”; deleted former (b)(1)(A)-(C); and made minor punctuation changes.

The 2013 amendment substituted “sealed with regards to the offense of” for “expunged of the offense of” in (b)(1); substituted “Rape” for “First-degree rape” in (b)(1)(D); inserted “the former” in (b)(1)(G); substituted “sealed” for “expunged” in (b)(2); and, in (b)(3), substituted “sealed” for “expungement” and “the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401” for “§ 16-90-901”.

The 2015 amendment added (c).

The 2019 amendment substituted “Division of Correction” for “Department of Correction” and “Division of Community Correction” for “Department of Community Correction” throughout the section.

Research References

ALR.

Validity, Construction, and Application of Conditions of Probation or Supervised Release Prohibiting Contact with Minors or Frequenting Places Where Minors Congregate — State Cases. 4 A.L.R.7th Art. 3 (2015).

Case Notes

Construction.

In a case in which appellant challenged the denial of his petition to seal the record in his 1997 theft-of-property case, the Supreme Court declined to engage in an interpretation of the 1997 version of this section, where appellant failed to object below to the application of the 2011 version and failed to raise any arguments on appeal in relation to the 1997 version. Sullivan v. State, 2012 Ark. 178 (2012).

Advisory Opinion.

In a case in which appellant challenged the denial of his petition to seal the record in his 1997 theft-of-property case, the Supreme Court declined to address the arguments that were raised by appellant in relation to the 2011 version of this section, because to do so would be to issue an advisory opinion on a version of the statute that had no application to the instant case. Sullivan v. State, 2012 Ark. 178 (2012).

Jurisdiction.

The circuit court had jurisdiction to expunge the defendant's criminal record, notwithstanding that the judgment and disposition order did not specifically recite that he was sentenced under this section. Fulmer v. State, 337 Ark. 177, 987 S.W.2d 700 (1999).

Probation Revocation.

Circuit court erred in expunging defendant's felony conviction under the Community Punishment Act, § 16-93-1201 et seq., because the court only referenced the original three-year probation order and not the post-revocation order imposing four years of probation, defendant failed to successfully complete probation under the original, revoked order, and the Act was explicitly made inapplicable to defendant's post-revocation sentence by the sentencing court. State v. Brown, 2019 Ark. 395, 590 S.W.3d 121 (2019).

Cited: Edwards v. State, 70 Ark. App. 127, 15 S.W.3d 358 (2000).

Notes of Decisions
Cited in 8 cases, 1999–2020 · leading case: Fulmer v. State, 987 S.W.2d 700 (Ark. 1999).
Sort: Relevance Newest Treatment
Fulmer v. State, 987 S.W.2d 700 (Ark. 1999). · cites it 30× “Appellant Mark Lee Fulmer appeals the order of the Faulkner County Circuit Court denying his petition to seal his criminal record pursuant to Ark. Code Ann. § 16-93-1207 (Supp. 1997).”
Bolin v. State, 459 S.W.3d 788 (Ark. 2015). · cites it 16× “Ark. Code Ann. § 16-93-1207 (b)(1) (Repl.”
Edwards v. State, 15 S.W.3d 358 (Ark. Ct. App. 2000). · cites it 16× “Following a pretrial hearing held June 2, 1999, the trial court denied the motion based on its finding that, at the time appellant was placed on probation in November of 1995, Ark. Code Ann. § 16-93-1207 (Supp. 1999), “provided that upon successful completion of probation the…”
Arnold v. State, 384 S.W.3d 488 (Ark. 2011). · cites it 2× “Section 16-93-1207(b)(1) makes clear that expungement under this statute is at the discretion of the court, stating, “Upon the successful completion of probation or a commitment to the Department of Correction -with judicial transfer to the Department of Community Correction or…”
Arkansas Jud. Discipline & Disability Comm'n v. Proctor, 360 S.W.3d 61 (Ark. 2010). · cites it 2× “, Ark.Code Ann. § 16-93-1207(b)(1) (Supp.2009).”
State of Arkansas v. Kentara Brown, 2019 Ark. 395 (Ark. 2019). · cites it 4× “] Ark. Code Ann. § 16-93-1207 . In other words, the circuit court has the authority to expunge an offender’s record if the offender (1) has successfully completed a sentence under Act 137, (2) for a target offense, and (3) has no more than one previous felony conviction,…”
Roderick Talley v. State of Arkansas, 2020 Ark. App. 461 (Ark. Ct. App. 2020). · cites it 2× “We hold that the circuit court did not misinterpret Arkansas Code Annotated section 16-90-1413(b)(2) by denying Talley’s motion to strike and by receiving evidence from the State at the hearing.”
Landers v. Arkansas Dep't of Educ., 374 S.W.3d 795 (Ark. Ct. App. 2010). “On June 21, 2007, Landers’s conviction was expunged pursuant to Arkansas Code Annotated sections 16-93-1207 (Supp. 2007) and 16-90-905 (Repl.”
Ark. Code Ann. § 16-93-1207(a)(1)(B): 1 case
Fulmer v. State, 987 S.W.2d 700 (Ark. 1999). “Appellant Mark Lee Fulmer appeals the order of the Faulkner County Circuit Court denying his petition to seal his criminal record pursuant to Ark. Code Ann. § 16-93-1207 (Supp. 1997).”
Ark. Code Ann. § 16-93-1207(b)(1): 3 cases
Arnold v. State, 384 S.W.3d 488 (Ark. 2011). “Section 16-93-1207(b)(1) makes clear that expungement under this statute is at the discretion of the court, stating, “Upon the successful completion of probation or a commitment to the Department of Correction -with judicial transfer to the Department of Community Correction or…”
Fulmer v. State, 987 S.W.2d 700 (Ark. 1999). “Appellant Mark Lee Fulmer appeals the order of the Faulkner County Circuit Court denying his petition to seal his criminal record pursuant to Ark. Code Ann. § 16-93-1207 (Supp. 1997).”
Arkansas Jud. Discipline & Disability Comm'n v. Proctor, 360 S.W.3d 61 (Ark. 2010). “, Ark.Code Ann. § 16-93-1207(b)(1) (Supp.2009).”
Ark. Code Ann. § 16-93-1207(b)(3): 1 case
Bolin v. State, 459 S.W.3d 788 (Ark. 2015). “Ark. Code Ann. § 16-93-1207 (b)(1) (Repl.”
Ark. Code Ann. § 16-93-1207(b)(l): 1 case
Edwards v. State, 15 S.W.3d 358 (Ark. Ct. App. 2000). “Following a pretrial hearing held June 2, 1999, the trial court denied the motion based on its finding that, at the time appellant was placed on probation in November of 1995, Ark. Code Ann. § 16-93-1207 (Supp. 1999), “provided that upon successful completion of probation the…”
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