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Arkansas Code Title 16. Practice, Procedure, and Courts § 16-101-106. Completion of program--Dismissal of case--Sealing of record

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) A veterans treatment specialty court judge, on his or her own motion or upon request from a veterans treatment specialty court program participant, may order dismissal of a veterans treatment specialty court program participant's case if:

(1) The veterans treatment specialty court program participant has successfully completed the veterans treatment specialty court program, as determined by the veterans treatment specialty court judge;

(2) The veterans treatment specialty court judge has received a recommendation from the prosecuting attorney for dismissal of the veterans treatment specialty court program participant's case and the sealing of the record; and

(3) The veterans treatment specialty court judge, after considering the veterans treatment specialty court program participant's past criminal history, determines that the dismissal of the veterans treatment specialty court program participant's case and the sealing of the record are appropriate.

(b)(1) Except as provided in subdivision (b)(2) of this section, if the veterans treatment specialty court program participant has pleaded guilty or nolo contendere to or has been found guilty of an offense falling within a target group under § 16-93-1202(10)(A)(i) in another circuit court in this state, the veterans treatment specialty court judge may order dismissal of the veterans treatment specialty court program participant's case and the sealing of the record for an offense falling within the target group with the written concurrence of the other circuit court.

(2) The following offenses are not eligible for sealing under subdivision (b)(1) of this section:

(A) Residential burglary, § 5-39-201(a);

(B) Commercial burglary, § 5-39-201(b);

(C) Breaking or entering, § 5-39-202; and

(D) Driving or boating while intoxicated, § 5-65-103.

(c) Unless otherwise ordered by the veterans treatment specialty court judge, sealing under this subsection shall be as described in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.

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Cite this article: FindLaw.com - Arkansas Code Title 16. Practice, Procedure, and Courts § 16-101-106. Completion of program--Dismissal of case--Sealing of record - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-101-106/

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