Ark. Code Ann. § 16-93-302 (2026)
Probation — First time offenders — Penalties
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- A person may not avail himself or herself of the provisions of this section and §§ 16-93-301 and 16-93-303 on more than one (1) occasion.
- Any person seeking to avail himself or herself of the benefits of this section and §§ 16-93-301 and 16-93-303 who falsely testifies, swears, or affirms to the court that he or she has not previously availed himself or herself of the benefits of this section and §§ 16-93-301 and 16-93-303 is guilty of a Class D felony.
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- Any person charged under this section and §§ 16-93-301 and 16-93-303 with keeping the confidential records of first offenders, as provided in § 16-93-301, who divulges any information contained in the records to any person or agency other than a law enforcement officer or judicial officer is guilty of a violation and upon conviction is subject to a fine of not more than five hundred dollars ($500).
- Each violation shall be considered a separate offense.
History. Acts 1975, No. 346, §§ 4, 5; A.S.A. 1947, §§ 43-1234, 43-1235; Acts 2005, No. 1994, § 432; 2011, No. 570, § 90.
Amendments. The 2005 amendment inserted “or herself” in (a)(1) and twice in (a)(2); in (a)(2), inserted “or she” and substituted “guilty of a Class D felony” for “deemed guilty of a felony and shall, upon conviction, be punished by a fine of not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500), or by imprisonment in the state penitentiary for not less than one (1) year nor more than five (5) years, or by both the fine and imprisonment”; and substituted “violation” for “misdemeanor” in (b)(1).
The 2011 amendment added “Probation — First time offenders” in the section heading; substituted “A person may not” for “No person may” in (a)(1); and deleted “the provisions of” following “Any person charged under” in (b)(1).
Case Notes
Eligibility.
Although defendant had previously reaped the benefits of New Mexico's first-offender statute, under the plain language of this section and § 16-93-303, defendant had never before availed himself of Arkansas' benefits, nor had he been previously convicted of a felony; thus, defendant's first-offender status should not have been voided. Montoya v. State, 2010 Ark. 419 (2010).