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A DWI conviction in Arkansas can leave a lasting impact on your personal and professional life. Many people want to know if there’s a way to remove or hide that offense from public view—especially after fulfilling all the legal consequences. The good news is that under certain circumstances, a DWI can be sealed (commonly referred to as expunged) in Arkansas. However, this process isn’t available to everyone, and it’s not automatic.
Sealing a record doesn’t mean the DWI is erased entirely. Instead, it becomes hidden from most public background checks. This can help improve job prospects, simplify rental applications, and prevent a past mistake from continuing to affect your future. But strict eligibility rules and waiting periods apply, and the process must be initiated by the individual.
In this article, we’ll explore how record sealing works in Arkansas, who qualifies, and what steps are involved. You’ll also learn the difference between criminal and driving records, how long you have to wait before applying, and what limitations still remain even after a DWI is sealed. Whether you’re just finishing your sentence or looking to clear your history years later, this guide will help you understand how the expungement process works in Arkansas and what to expect along the way.
What Does It Mean To Have a Record Sealed in Arkansas?
In Arkansas, sealing a record means making it inaccessible to most public background checks. The term “expungement” is often used informally, but the correct legal term under state law is “sealing.” Once sealed, your DWI conviction won’t show up in standard background reports for employers, landlords, or most private institutions. However, it’s important to understand that the record isn’t destroyed or deleted—it still exists and can be accessed by specific government agencies, law enforcement, or courts.
Sealing is designed to offer individuals a fresh start, especially for lower-level offenses like first-time misdemeanors. When a record is sealed, it no longer defines your public profile. For example, most job applications won’t flag the conviction once it’s sealed, and housing applications are less likely to be rejected based on your criminal history.
However, sealing doesn’t erase everything. If you’re convicted of another offense in the future, the sealed DWI may still be used in sentencing decisions. Additionally, certain professions—such as law enforcement, healthcare, or positions requiring federal background checks—may still require disclosure of the sealed conviction.
Understanding the true nature of sealing helps manage expectations. It’s a powerful step toward restoring your reputation, but it’s not the same as pretending the conviction never happened. It’s a legal process designed to reduce the long-term effects of a past mistake while still allowing oversight where needed.
Who Is Eligible To Seal a DWI in Arkansas?
Not everyone with a DWI on their record is eligible to have it sealed. Arkansas law is very specific about which offenses can be sealed and under what conditions. Generally, only first-time misdemeanor DWI convictions may qualify for record sealing. Felony DWIs and repeat offenses typically do not meet the eligibility criteria.
To be eligible, you must:
- Have only one prior DWI conviction that is a misdemeanor
- Have fully completed all aspects of your sentence, including probation, classes, fines, and license reinstatement
- Wait the full mandatory five-year period after completing your sentence before applying
- Remain free from any new criminal convictions during that five-year waiting period
If your DWI involved aggravating factors like injury, property damage, or other charges, your eligibility may be affected. In such cases, even a first offense might not qualify for sealing under Arkansas’s guidelines.
Eligibility is also subject to judicial approval. Just meeting the basic requirements doesn’t guarantee that your petition will be granted. Judges may consider your conduct since the conviction, your compliance with sentencing terms, and your overall rehabilitation when deciding whether to approve the request.
Knowing whether you qualify is the first step. It’s always wise to verify the status of your conviction and understand exactly what category it falls under before pursuing the sealing process.
How Long Do You Have To Wait Before You Can Apply?
Even if you’re eligible to have your DWI sealed in Arkansas, the process can’t begin immediately. The state requires a mandatory five-year waiting period after you complete your sentence. This means the clock doesn’t start ticking until all parts of your sentence are satisfied—including any probation, alcohol treatment programs, court costs, or license suspensions.
Here’s an example: If you were convicted in 2021 but didn’t finish probation until 2022, your five-year countdown begins in 2022. That would make you eligible to petition for record sealing in 2027.
This waiting period is designed to ensure that applicants demonstrate ongoing responsibility and stay out of legal trouble. During this time, you must avoid any new criminal charges. A new offense during the waiting period can reset the timeline or make you ineligible entirely.
The five-year requirement is strict and non-negotiable. Filing before the deadline will likely result in a denial, even if you’ve met all other conditions. For many people, this waiting period feels long—but it’s a crucial step in proving that the original offense was an isolated event and that you’ve taken steps to move forward responsibly.
If you’re nearing the end of your five-year window, it’s a good time to begin preparing your paperwork and gathering records to support your petition when the time comes.
What Is the Process To File for Record Sealing?
The process of sealing a DWI record in Arkansas involves multiple steps and some formal paperwork. It’s not automatic, and the burden is on you to initiate and complete the process. While legal representation isn’t required, many people find it helpful to work with an attorney to ensure the petition is accurate and complete.
Here’s an overview of how the process works:
- Verify Eligibility – Confirm that your offense is a qualifying misdemeanor and that you’ve completed the five-year waiting period.
- Collect Documentation – Gather proof of sentence completion, including records of probation, fines paid, and any classes completed.
- File a Petition – Submit a formal petition to seal your record in the same court where you were convicted. This includes specific forms and supporting documents.
- Notify the Prosecutor – The local prosecuting attorney must be served with a copy of your petition and may choose to object.
- Attend a Hearing (if required) – In some cases, the court will hold a hearing where the judge evaluates your request. You may be asked to explain your reasons for sealing the record.
- Receive a Decision – If the court approves your petition, the record will be sealed. If denied, you may be advised to wait longer or correct issues in your petition.
Once approved, your record will be hidden from most background checks, and you can legally state on most applications that you have not been convicted of the offense.
What Limitations Still Apply After Sealing a DWI?
While sealing a DWI record can reduce the long-term impact of a conviction, it’s not a complete reset. Certain limitations still apply, and understanding them can help manage expectations.
First, the record is not deleted—it’s sealed. That means it’s hidden from most public background checks but still exists within state databases. Law enforcement, courts, and certain government agencies can still access the sealed record if necessary.
Second, some professional licensing boards may require disclosure of sealed offenses during application processes, especially in regulated fields like healthcare, finance, education, or law enforcement. Failing to disclose a sealed record when required can result in denial of a license or certification.
Third, if you’re convicted of another DWI or criminal offense in the future, your sealed record can still be used to determine repeat offender status or inform sentencing decisions.
Finally, sealing your criminal record does not affect your driving record. In Arkansas, a DWI stays on your driving record for five years, and sealing the criminal portion has no effect on that timeline.
Sealing your record provides substantial relief, but it doesn’t erase every trace of the conviction. It’s important to know what it does and doesn’t do so you can plan accordingly.
Why Expungement Doesn’t Affect Your Driving Record
Many people confuse their criminal record with their driving record, but in Arkansas, they are handled by two different systems. Sealing or expunging your DWI conviction through the court does not remove the offense from your driving record.
Your driving history is maintained by the Arkansas Office of Driver Services, and a DWI typically stays on that record for five years from the date of conviction. This timeline is independent of the court system’s record sealing process.
The driving record is mainly used by insurance companies, employers in transportation fields, and the state DMV. Even after your criminal record is sealed, your DWI may still affect:
- Insurance premiums
- Commercial driving opportunities
- Eligibility for certain types of vehicle licenses
There is currently no formal process for expunging or sealing a DWI from your Arkansas driving record. Once five years have passed, the offense may no longer be visible on routine reports, but some agencies may still retain full history access.
This is a key distinction to understand. While sealing your criminal record helps with housing and employment, it doesn’t make the DWI invisible in all areas of life.
FAQ
Can You Expunge a DWI in Arkansas?
Yes, but only first-time misdemeanor DWIs are eligible. Felonies and repeat offenses are not.
How Long Do You Have To Wait?
You must wait five years after completing your sentence—including probation and all court requirements.
What’s the Difference Between Sealing and Expungement?
In Arkansas, these terms are often used interchangeably, but the legal term is “sealing.” The record is hidden but not erased.
Does Sealing a Record Affect Background Checks?
Yes. Most employers, landlords, and private companies won’t see the sealed conviction during standard checks.
Can the Police Still See a Sealed Record?
Yes. Law enforcement and courts still have access to sealed records if needed for future legal matters.
Conclusion
Sealing a DWI conviction in Arkansas offers a valuable opportunity to reduce the long-term effects of a past mistake. While not everyone qualifies, those with a first-time misdemeanor who meet the requirements can legally hide the offense from most background checks. This can open doors to employment, housing, and a more secure future.
It’s essential to understand the difference between sealing and erasing. The record still exists, and certain agencies may still access it. Plus, your driving record remains separate and is unaffected by the court process. But for many people, sealing the criminal record is a powerful step toward moving on with their lives.
For more information about the broader effects of sealed records, read our guide on DUI Records And Long Term Impact. If you’re wondering how long a conviction stays visible, visit How Long a DUI Stays on Your Record for a detailed breakdown.