Am I eligible for expungement if I committed statutory rape?

I committed statutory rape in Arkansas at the age of 17 and was convicted at the age of 18. I settled out of court for 2 counts of aggravated assault, fines and a suspended sentence. The prosecutor wrote on my record in handwriting, “We would have no problem expunging these offenses”.That was my first and only offense/offenses. I have never even had a traffic violation sense then. So, am I eligible for expungement after my suspended sentence is over?

Asked on October 20, 2014 under Criminal Law, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is now called a Petition and Order to Seal.  You are NOT entitled to sealing for any of the following:

  • A sexual offense in which the victim was under the age of 18 years
  • A felony in which you spent any time in the Arkansas Department of Corrections
  • A Class Y felony
  • A Class A or B felony that are not drug offenses
  • Manslaughter
  • An unclassified felony with a maximum sentence that was more than 10 years
  • A violent felony

These would require a pardon from the Governor.  But from what you have written it does not appear that you were considered convicted of statutory rape.  Please get a copy of the disposition record from the court and go and speak with some one.  


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